Findings - CC - 2009 - A-08-09/RZ-09-09 - A/Rz From Rut To Ar-Da/103.9 Acre/4151 N Hartley Ln.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
TO A-R-DA (AGRICULTURAL-RESIDENTIAL )
WITH A DEVELOPMENT AGREEMENT) )
FOR M3 EAGLE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-08-09 & RZ-09-09
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on October 13, 2009, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
M3 Eagle, LLC, represented by Gerald Robbins is requesting an annexation and rezone
from RUT (Rural-Urban Transition-Ada County Designation) to A-R-DA (Agricultural-
Residential one unit per five acres with a development agreement). The 103 .9-acre site
consisting of four (4) parcels is generally located on the west side of N. Hartley Road
approximately 3,050 feet north of W. Beacon Light Road at 4151 N. Hartley Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, April 15, 2009, at the M3 Eagle office
located at 533 E. Riverside Dr., Suite 110, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of
Eagle on July 6, 2009.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on August 24, 2009. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 19, 2009. The site was posted in accordance with the Eagle City Code
on, September 1, 2009. Requests for agencies' reviews were transmitted on July 13, 2009,
in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 28, 2009. Notice of this public hearing was mailed to property
owners within three hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 23,
2009, an amended notice was sent on September 28, 2009. The site was posted in
accordance with the Eagle City Code on October 2,2009.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential RUT (Rural-Urban Transition Agricultural land
- Ada County designation)
Proposed No Change A-R-DA (Agricultural- No change
Residential with a
development agreement)
North of site Transitional Residential RUT & RR (Rural-Urban Agricultural land and
Transition and Rural public land (BLM)
Residential-Ada County
designations)
South of site Transitional Residential MU-DA (Mixed Use with a Agricultural land (proposed
development agreement) Terra View development)
East of site Transitional Residential RUT (Rural-Urban Agricultural land (proposed
Transition-Ada County J&M Subdivision - Ada
designation) County application)
West of site Transitional Residential RUT & RR (Rural-Urban Agricultural land and
Transition and Rural public land (BLM)
Residential-Ada County
designations)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. TOTAL ACREAGE OF SITE: +/- 103.9-acres
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on July 6, 2009 (attached to
the staff report).
K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter date stamped by the City on July 6, 2009 (attached to the staff
report).
L. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is located within the City of Eagle's Municipal Water Service Area. As of this
date, there are no central services located in proximity to the site.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes - North Foothills, the applicant wi/1 be required to
address concerns at the time of development
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes, adjacent to existing house
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Yes, Farmers Union Canal
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - No
Wildlife Habitat - Unknown
O. NON-CONFORMING USES:
The existing dwelling at 4151 N. Hartley Road is located on a parcel which is one (1) acre
in size. The one (1) acre parcel was approved by Ada County Development Services
through a Farm Development Right application (file # 88-16-0A). The minimum lot area
for the A-R (Agricultural-Residential) zone is 4.7 acres in size. There is also an accessory
structure located at 4151 N. Hartley Road which is within the required front and s ide yard
setbacks for the A-R (Agricultural-Residential) zoning district.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - Provided findings for consideration that the District may identify
when it reviews a future development application. At the time of reviewing a specific development
application the District will add additional findings.
Central District Health Department - No objections to the proposal
Department of Environmental Quality - Recommended verifying that there is adequate water and
sewer to serve the project.
Eagle Fire Department - Indicated that the property is located in both the Eagle Fire Protection
District and Star Fire District and they no specific concerns regarding these applications.
Star Joint Fire Protection District - Provided information regarding the District's boundaries and
that during development the applicant be required to comply with the fire code adopted at the
time.
Q. LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Transitional Residential.
Residential Transition
Residential development that provides for a transition of density within the planning area
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while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning area text
for a complete description.
6.8.3 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also
ensuring compatibility to existing large lot residential uses and transitional density
as development approaches Homer Road and the Foothills. This area is not
intended to be master planned but does require great care in planning to ensure
that uses are compatible and that the Vil1age Center serves as an anchor of the
area and is not taken over by residential uses.
a. UseslDesign
The land use and development policies specific to the Vil1age Planning Area
include residential, commercial, retail, civic, research and development park,
corporate and/or educational campus, hospitality and office uses. Non-
residential uses will be focused in the Village Center.
1. Village Center: The Village Center encompasses approximately 600-
acres and is generally located along Beacon Light Road, bounded by
Palmer Lane to the west and Lanewood Road to the east, and is more
specifically described on the Future Land Use Map (Map 6.1). All Non-
residential uses wi1l be focused in the Village Center. This area is
comprised of three key components:
(a) A research and development/educational campus and/or corporate park
area designed to provide sufficient space for corporate headquarters in
a park-like setting near ancil1ary commercial uses located in the village
center; and
(b) A vi1lage center providing ancillary retail commercial, hospitality and
CIVIC uses;
(c) A potential high school and/or middle school site located near the
vil1age center and higher density residential areas. This location allows
for the transfer of density into an appropriate residential area which
minimizes busing costs and the traffic concerns of placing schools in
residential areas because the schools will be within walking distance to
services that the students would typically use.
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Illustration 6.2
Village Center Concept
2. Residential Areas:
New developments that are proposed near the Village Center shall be
encouraged to include apartments, town homes, condominiums, patio
homes, bungalows and live/work units ranging in densities from 5 to 10
units per acre.
Decreasing densities should be allowed as the area radiates out of the
village center. The overall densities in the Village Planning Area outside
of the village center shall average 1-2 units per acre to the south of
Beacon Light Road. Residential densities north of Beacon Light should
be 1-2 units per acre transitioning (feathering and clustering) to the north
and east ensuring compatibility with existing residential and foothills
development.
Lot sizing and compatibility will be paramount as residential development
reaches the existing 2 and 5-acre lots in the area east of Linder Road and
north of Floating Feather Road.
Special care should be given to the feathering and clustering of residential
units as development reaches the foothills/ Farmers Union Canal.
All Commercial use beyond Neighborhood Commercial should be
directed to the commercial center at State Highway 16 & 44 or to the
Village Center.
Illustration 6.3:
Farmland Cluster Example
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b. Access
The Village Planning Area will promote the construction of an east/west
boulevard that will include planted medians, sidewalks and limited
signalization. This road design shan be similar to Harrison Boulevard and
Park Center Boulevard in Boise.
This area will also include the extension of Homer Road from Linder Road to
the village center and the realignment of Beacon Light Road to slow the flow
of traffic between Hwy 16 and Hwy 55.
The Village Planning Area will be dependent upon the interconnectivity of
local roads as the area develops.
Access to the area from State Highway 16 should be limited to the mile
between Beacon Light Road and Floating Feather.
Commercial and retail uses should be discouraged from fronting on State
Highway 16. Non-residential use should be focused internally to the Village
Center and the residential uses and located along local/collector roads.
ITD should be discouraged from constructing frontage roads along the eastern
side of Hwy 16 and landscape berms should be used to continue a gateway
feeling to the city along the eastern side of Hwy 16.
The design of the area should incorporate non-motorized pathways linking
residential areas to the village center, foothills and the existing Eagle
Downtown.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code 8-2-4 Schedule of Building Height and Lot Area Regulations:
Minimum Lot
Width
C. DISCUSSION:
. The site is designated Transitional Residential on the Comprehensive Plan Land Use Map.
The site is also located within the Village Planning Area. The applicant is requesting a A-R-
DA (Agricultural-Residential up to one (1) unit per five (5) acres with a development
agreement) zoning designation. The Village Planning Area aHows for flexibility of design
while also ensuring compatibility to existing residential uses in the area and providing for a
transitional density as development approaches the Foothills. The applicant is not proposing
development of the site at this time however, the City win review any future development of
the site based on the ViHage Planning Area plan found within the Comprehensive Plan.
. The site consists of four (4) contiguous unplatted parcels on the west side ofN. Hartley Road
approximately 3,050 feet north of W. Beacon Light Road. The parcels range in size from one
(1) acre to 41.31-acres in size. The one (1) acre parcel was previously reviewed and approved
by Ada County Development Services through a Farm Development Right application. Since
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the one (1) acre parcel was approved through a legal process as a legal conforming parcel it
should be recognized as a legal conforming parcel until such time the remaining portion of the
site is developed in its entirety and at that time the property should be brought into compliance
with Eagle City Code.
· The existing accessory structure located at the northeastern corner of the one (1) acre parcel is
approximately seven feet (7') west of the eastern boundary line (front) and seven feet (7')
south of the northern property line (side) and does not meet the required front yard and side
yard setbacks for the A-R (Agricultural-Residential) zoning district. The front yard setback
and side yard setbacks in the A-R (Agricultural-Residential) zoning district are sixty feet (60')
and thirty feet (30') feet respectively. Staff recommends the setbacks be recognized where they
are currently located and will be permitted to remain until such time the structure is replaced.
· The property is used for raising cattle and growing crops for feeding the cattle. There are two
homes located at the southeastern corner of the site on separate properties, accessory
structures, and a small pond for the cattle and irrigation. The applicant is proposing to
continue the existing agricultural use of the property.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to A-R-DA
(Agricultural-Residential with a development agreement) with the following conditions to be placed
within a development agreement:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding
floodplain development permit review, design review, preliminary and final plat reviews,
and/or any conditional use permits, if applicable, and any other applicable applications as
may be required by the Eagle City Code, which shaH comply with the Eagle City Code, as it
exists at the time such applications are made except as otherwise provided within this
Agreement.
3.2 The Concept Plan (Exhibit B) represents the current configuration of the Owner's property.
Prior to development of the property the Owner shall submit a Development Agreement
Modification application with a revised Concept Plan which reflects the proposed
development. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on the proposed changes in the Concept Plan, notice shall be provided
as may be required by the City.
3.3 The one (1) acre parcel located at 4151 N. Hartley Road created through an approved Farm
Development Right application through Ada County Development Services is recognized as
a legal conforming parcel until such time the remaining portion of the site is developed in its
entirety at that time the property shaH be brought into compliance with Eagle City Code.
3.4 The accessory structure located at the northeast corner of the property at 4151 N. Hartley
Road shaH be allowed to remain at its current location. The front yard setback and side yard
setback for the accessory structure located adjacent to the eastern boundary line (front) and
northern boundary line (side) is seven feet (7'). Should the accessory structure be removed
or replaced, a new accessory structure shaH meet the setback requirements for the A-R
(Agricultural-Residential- up to one (1) unit per five (5) acres) zone.
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3.5 The agriculture operation may continue as it is currently being operated until such time the
property is developed in its entirety.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 14, 2009, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
one (1) individual who indicated that although they were in favor of the application since the
property will continue to be utilized for agriculture. They individual also requested that the
applicant provide additional access to the adjacent BLM property other than Hartley Road.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission voted 4 to 0 (Roehling absent) to recommend approval of A-08-09 and RZ-09-09
for an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to A-
R-DA (Agricultural-Residential one unit per five acres with a development agreement) for M3
Eagle, LLC, with conditions of development to be placed in a development agreement as provided
within their findings of fact and conclusions of law document, dated September 21, 2009.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 13,2009, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented by no one.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 3 to 0 (Semanko absent) to approve A-08-09 and RZ-09-09 for an annexation
and rezone from RUT (Rural-Urban Transition - Ada County designation) to A-R-DA
(Agricultural-Residential with a development agreement) for M3 Eagle, LLC, with the foI1owing
Planning and Zoning Commission recommended conditions to be placed within a development
agreement:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant wi1l submit such applications regarding
floodplain development permit review, design review, preliminary and final plat reviews,
and/or any conditional use permits, if applicable, and any other applicable applications as
may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it
exists at the time such applications are made except as otherwise provided within this
Agreement.
3.2 The Concept Plan (Exhibit B) represents the current configuration of the Owner's property.
Prior to development of the property the Owner shall submit a Development Agreement
Modification application with a revised Concept Plan which reflects the proposed
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development. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on the proposed changes in the Concept Plan, notice shall be provided
as may be required by the City.
3.6 The one (1) acre parcel located at 4151 N. Hartley Road created through an approved Farm
Development Right application through Ada County Development Services is recognized as
a legal conforming parcel until such time the remaining portion of the site is developed in its
entirety at that time the property shaH be brought into compliance with Eagle City Code.
3.7 The accessory structure located at the northeast corner of the property at 4151 N. Hartley
Road shall be allowed to remain at its current location. The front yard setback and side yard
setback for the accessory structure located adjacent to the eastern boundary line (front) and
northern boundary line (side) is seven feet (7'). Should the accessory structure be removed
or replaced, a new accessory structure shaH meet the setback requirements for the A-R
(Agricultural-Residential- up to one (1) unit per five (5) acres) zone.
3.8 The agriculture operation may continue as it is currently being operated until such time the
property is developed in its entirety.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, April 15, 2009, at the M3 Eagle office located at
533 E. Riverside Dr., Suite 110, in compliance with the application submittal requirement of Eagle
City Code. The application for this item was received by the City of Eagle on July 6,2009.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on August 24, 2009. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on August 19, 2009. The site was posted in
accordance with the Eagle City Code on, September 1,2009. Requests for agencies' reviews were
transmitted on July 13,2009, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 28,
2009. Notice of this public hearing was mailed to property owners within three hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on September 23,2009, an amended notice was sent on September 28,
2009. The site was posted in accordance with the Eagle City Code on October 2, 2009.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-09-09)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed rezone is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of A-R-DA (Agricultural-Residential-up to one (1)
unit per five (5) acres with a development agreement) is commensurate with the
designation as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve all uses aHowed on this property under the proposed
zone;
c. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the RUT (Rural-Urban
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Transition - Ada County designation) and RR (Rural-Residential - Ada County
designation) zones and land use to the north since that area is public land (BLM) and
agriculture and the applicant is not proposing a change of use on the site, and;
d. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the MU-DA (Mixed
Use with a development agreement) and land use to the south since that area will most
likely not be developed in the near future and the proposed lots which will be
developed will be similar in size to lots which could be developed on the subject site,
and;
e. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the RUT (Rural-Urban
Transition - Ada County designation) and RR (Rural-Residential - Ada County
designation) zones and land use to the west since that area is currently being utilized
for agricultural purposes and the applicant is not proposing a change of use from the
agricultural operation currently being operated on the site, and;
f. The proposed A-R-DA (Agricultural-Residential - up to one (1) units per five (5)
acres with a development agreement) zone is compatible with the RUT (Rural-Urban
Transition - Ada County designation) zone and land use to the east since that area is
currently being utilized for agricultural purposes and the applicant is not proposing a
change in use from the agricultural operation currently being operated on the site, and;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan and at the time of development the
applicant wiH be required to address any concerns associated with development in
these areas; and
h. As stated in the Development Agreement, the one (1) acre parcel located at 4151 N.
Hartley Road will be recognized as a legal conforming parcel since it was created
through a Farm Development Right application which was previously reviewed and
approved through Ada County Development Services. The accessory structure located
within the front yard setback (eastern boundary) and the side yard setback (north
boundary) on the one (1) acre parcel are recognized where they are currently located
and will be permitted to remain until such time the structure is replaced. Therefore, no
non-conforming uses are expected to be created with this rezone.
DATED this 27th day of October, 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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