Findings - CC - 2020 - A-04-19 & RZ-09-19 - Annexation / Rezone 1275 W Beacon Light Rd ORIGINAL
•, ,, __. . •
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL-URBAN TRANSITION)TO R-E )
(RESIDENTIAL-ESTATES)FOR GEORGE )
FISCHER BY THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-19&RZ-09-19
The above-entitled rezone application came before the Eagle City Council for their action on January 28,
2020, 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:
On behalf of George Fischer,the City of Eagle, represented by William Vaughan, AICP, is requesting
annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E
(Residential-Estates). The 5.85-acre and 5.39-acre properties are located on the south side of West
Beacon Light Road approximately 2,098-feet east of North Ballantyne Lane at 1275 West Beacon
Light Road(unplatted property)and 2575 North Sky View Lane(Lot 6,Block 1, Pony Subdivision).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Tuesday, October 15, 2019, at 660 East Civic
Lane in compliance with the application submittal requirement of Eagle City Code. The applications
for this item were received by the City of Eagle on September 19, 2019 (annexation and rezone
applications and submittal requirements)and November 21, 2019(affidavit of legal interest).
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications 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 November 29, 2019. Notice of this public hearing was mailed to properly 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 November 25, 2019. The site was posted in
accordance with the Eagle City Code on December 5, 2019. Requests for agencies' reviews were
transmitted on November 22, 2019, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the applications for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 10,
2020. 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 January 7, 2020. The site was posted in accordance with the Eagle City Code
on January 17, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 24, 1991, the City of Eagle approved an Ada County application for a planned
residential development and two private roads(91-41-PDR/91-24-PR).
On August 22, 1992,the plat for Pony Subdivision was recorded(Instrument No. 9252629).
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On September 14, 2004, the City Council approved a preliminary plat application for Pony Hollow
Subdivision(fka Pony Subdivision No. 2)(PP-02-04).
On November 29, 2005, the City Council approved a final plat application for Pony Hollow
Subdivision(FP-08-OS).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing RUT(Rural-Urban Transition— Single-family
Estate Residential
Ada County designation) Residential/Agricultural
Proposed No Change R-E(Residential-Estates) No Change
North of site RUT(Rural-Urban Transition— Single-Family
Agriculture/Rural Ada County designation) Residential/Agricultural
South of site RUT(Rural-Urban Transition— Single-Family Residential
Estate Residential Ada County designation) (Pony Subdivision)
East of site Estate Residential R-E(Residential-Estates) Single-Family Residential
(Lighthouse Subdivision)
West of site Estate Residential R-E(Residential-Estates) Single-Family Residential
(Pony Hollow Subdivision)
G. DESIGN REVIEW OVERLAY DISIRICT:
Not located within the DDA, 1llA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 11.24(5.85-acres and 5.39-acres)
I. APPLICANT'S STAI'EMENT OF JUSTIFICATION FOR IME REZONE:
The proposed R-E (Residential-Estates) zoning designation is consistent with the Estate Residential
designation identified on the Comprehensive Plan Land Use Map.
J. AVAILABILI1Y AND ADEQUACY OF UTILITIES AND SERVICES:
The properties are located within the Eagle Fire District. The existing homes are served by domestic
wells and septic systems.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
L. SPECIAL ON-SITE FEAiURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes (located in proximity to the existing residences)
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—Unknown
Unique Plant Life—Unknown
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Unstable Soils—Unknown
Wildlife Habitat—Unknown
M. NONCONFORMING USES:None are apparent on either of the properties.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Development Services
Eagle Fire Department
Eagle Sewer District
Marathon Pipe Line LLC (flca Andeavor)
O. LETTERS FROM'I'HE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
1HIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted November 14, 2017) designates this site as
Compact Residential.
Estate Residential
A single family residential area transitioning between agriculture and conventional residential
uses. Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and
horticulture uses are encouraged. Density may be limited due to the limited availability of
infrastructure and roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS
PROPOSAL:
• Eagle City Code Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this title. In
addition,the specific purpose of each zoning district shall be as follows:
R-E RESIDENTIAL-ESTAMS DISi'RICT: To provide opportunities for very low density
residential land use compatible with the topography and public service capacities. Gross density
shall not exceed one single-family dwelling unit per two(2)acres.
C. DISCUSSION:None
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
December 16, 2019, 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
seven (7) individuals (other than the applicant/representative) who felt that annexation into the City
would be positive for the area.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals with concerns regarding 1) a portion of the application property potentially is
not being eligible for a Category A annexation, and 2) the city cannot exercise its zoning authority
over the property south of the application property.
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D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who requested clarification regarding the type of
annexation being pursued; Category A or Category B.
COMMISSION DELIBERATION: (Granicus time 4:08:22)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The requested zoning is in conformance with the Estate Residential land use designation as identified
in the Comprehensive Plan.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-04-19 & RZ-09-19 for a rezone from RUT
(Rural-Urban Transition — Ada County designation) to R-E (Residential-Estates) for George Fischer by
the City of Eagle as provided within their findings of fact and conclusions of law document, dated
January 6,2020.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on January 28, 2020, 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 the application was presented to the City Council by three (3) individuals
(other than the applicant/representative) who were in favor of these properties being annexed into the
City of Eagle and rezoned to R-E(Residential-Estates).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-04-19 & RZ-09-19 for a rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-E (Residential-Estates) for George Fischer by the City of
Eagle, as shown on the Exhibit"A"attached hereto.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-04-19&RZ-09-19)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 upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-E (Residential-Estates) is consistent with the Estate
Residential designation shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for these properties indicate that adequate public facilities exist to serve the existing residential
uses on these properties under the proposed zone. The properties will be served by individual
wells and septic systems in accordance with Eagle City Code Section 8-2-1;
c. The proposed R-E (Residential-Estates) zone is compatible with the RUT (Residential-Urban
Transition — Ada County designation) zone and land use to the north since that area contains a
single-family dwelling on a lot of similar size; and
d. The proposed R-E (Residential-Estates) zone is compatible with the RUT (Residential-Urban
Transition — Ada County designation) zone and land use to the south since that area contains a
single-family dwelling on a lot of similar size; and
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e. The proposed R-E (Residential-Estates) zone is compatible with the R-E (Residential-Estates)
zone and land use to the west since that area contains single-family dwellings on a lot of similar
size; and
f. The proposed R-E (Residential-Estates) zone is compatible with the R-E (Residential-Estates)
zone and land use to the east since that area contains single-family dwellings on lots of similar
size; and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No nonconforming uses are expected to be created with this rezone.
DATED this I 1 th day of February, 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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