Findings - CC - 2011 - RZ-09-08MOD - Mod To Da/Instr#109109347/Springhaven Subd/14.07 Acre/671 E Blr BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
DEVELOPMENT AGREEMENT )
ASSOCIATED WITH THE SPRINGHAVEN )
SUBDIVISION FOR MATTHEW SMITH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-09-08 MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their action on April 12, 2011. 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:
Matthew Smith is requesting modifications to the development agreement (Instrument
#109109347) associated with the R-E-DA (Residential-Estates with a development agreement)
zoning classification for Springhaven Subdivision. The 14.07-acre site is generally located on the
south side of East Beacon Light Road approximately 1,984 feet east of the intersection of North
Eagle Road and East Beacon Light Road at 671 East Beacon Light Road.
B. APPLICATION SUBMITTAL:
The rezone modification request was received by the City of Eagle on January 27, 2011.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 February 28, 2011. 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 March 4, 2011. The site was posted in
accordance with the Eagle City Code on March 11, 2011.
Notice of Public Hearing on the application 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
March 28, 2011. 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 March 25, 2011. The site was posted in
accordance with the Eagle City Code April 1, 2011.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 28, 2008, the City Council approved an annexation and rezone from RUT (Rural-
Urban Transition — Ada County designation) to R-E-DA (Residential-Estates with a development
agreement) and a preliminary plat for Springhaven Subdivision an 8-lot (6-buildable, 2-common)
residential subdivision for Beacon Light Homestead, LLC (A-04-08/RZ-09-08&PP-04-08).
On October 28, 2008,the Eagle City Council approved a design review application for the
common area landscaping within Springhaven Subdivision(DR-60-08).
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On September 22, 2009, the City Council approved the final plat for Springhaven Subdivision, an
8-lot (6-buildable, 2-common) residential subdivision for Beacon Light Homestead, LLC (FP-06-
08).
E. COMPANION APPLICATIONS:
PP/FP-01-11 — A combined preliminary plat and final plat application for Springhaven
Subdivision, a two(2) lot residential subdivision.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential-Estates RUT(Rural-Urban One (1)single-family
(up to one dwelling Transition -Ada County dwelling and two(2)
unit per two acres) designation) accessory structures
Proposed No Change R-E-DA (Residential- Residential subdivision
Estates with a consisting of eight(8) lots(6
development agreement) buildable, 2 common)
North of site Rural Residential(up RUT(Rural-Urban Two(2) single-family
to one dwelling unit Transition - Ada County dwellings(one(1)unplatted
per five acres) designation) parcel and Lot 1, Block 1,
Sunnybrae Subdivision)
South of site Residential-Estates A-R(Agricultural- Three (3)single-family
(up to one dwelling Residential) dwellings (One(1)unplatted
unit per two acres) parcel and Lots 10 and 11,
Los Luceros Acres
Subdivision)
East of site Residential-Estates RUT(Rural-Urban Accessory structures and
(up to one dwelling Transition -Ada County agricultural
unit per two acres) designation)
West of site Residential-Estates R-E(Residential-Estates) Three (3) single-family
(up to one dwelling dwellings and accessory
unit per two acres) structures (one (1)unplatted
parcel and Lots 6 and 7,
Block 1, Bighorn
Subdivision No. 2)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: +/- 14.07 acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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J. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-04-08/RZ-09-
08 &PP-04-08)and their correspondence is attached to the staff report:
City Engineer: All comments within the engineer's letter are of special concern (attached to the
staff report and included herein by reference).
Ada County Highway District— Will approve the application if all the Site Specific and Standard
Conditions of Approval as outlined in the ACHD report are satisfied.
Central District Health District — Will require additional information prior to approval of
individual sewage disposal
Chevron Pipeline Company—Indicate there is no conflict with the pipeline
Department of Environmental Quality —Need to address air quality, wastewater, drinking water,
surface water, and hazardous waste and ground water contamination requirements.
Eagle Fire Department —Need to address street signs,fire hydrants, access roads, and minimum
fire flows
Idaho Department of Lands — No significant impact to the Endowment Lands in the general
vicinity
Idaho Transportation Department—No comment
K. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
The Comprehensive Plan Land Use Map, adopted August 25, 2009, designates this site as
Residential Estates:
Suitable primarily for single family residential development within areas on acreages that may
be in transition from agricultural to residential use or may combine small scale agricultural
uses with residential uses. Maximum density of up to one (1)unit per two(2) acres.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(b) Landscape and Buffer Area Requirements, Major
Roadways:
b. Any road designated as a minor arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of fifty feet(50')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100) linear feet of right of way: five
(5) shade trees, eight(8)evergreen trees, three (3) flowering/ornamental trees, and twenty
four(24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent(50%) of the shade
trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
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thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot(4')wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-4-1-12 Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
DISCUSSION:
• As noted in the provided narrative date stamped by the City on January 27, 2011, the applicant is
requesting a modification to the development agreement (Executed on September 23, 2009 —
Instrument#109109347) associated with RZ-09-08 for Springhaven Subdivision. The applicant is
requesting a modification to Condition of Development 3.2 of the executed development
agreement to allow for the approval of a two (2) lot residential subdivision. The applicant is also
requesting a waiver of the required landscape buffer to be located adjacent to East Beacon Light
Road.
o Condition 3.2
The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur. 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 any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
The applicant has submitted a combined preliminary/final plat application for a two (2) lot
residential subdivision. The proposed two (2) lot residential subdivision is not in conformance
with the Concept Plan (Exhibit "B") of the executed development agreement which shows the
preliminary plat for the approved eight (8) lot Springhaven Subdivision. The applicant is
requesting an additional Concept Plan exhibit be added to the development agreement to recognize
the currently proposed two (2) lot residential subdivision in addition to the eight (8) lot
Springhaven Subdivision. With the addition of another Concept Plan additional language should
also be placed in the conditions of development to ensure that future resubdivision of the two (2)
lots is in conformance with the previously executed development agreement and the approved final
plat for the eight(8) lot Springhaven Subdivision(FP-06-08).
• East Beacon Light Road is identified on the 2030 Functional Classification Map as a Minor
Arterial. Pursuant to Eagle City Code, subdivisions located adjacent to a Minor Arterial are to be
buffered from the arterial by a fifty foot (50') wide landscaped buffer area which contains a five
foot to eight foot(5'-8')high berm and/or decorative block wall. The applicant is not proposing to
construct the required landscape/screening buffers adjacent to East Beacon Light Road. As a
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companion application to the subject application, the applicant has applied for a modification to
the development agreement associated with the rezone and the previously approved eight (8) lot
residential subdivision. The applicant provided a narrative with the development agreement
modification application, date stamped by the City on January 27, 2011, which requests a waiver
of the requirement to construct the landscape buffer inclusive of the sidewalk adjacent to East
Beacon Light Road for the two (2) lot subdivision. The development agreement modification
narrative goes on to state that it is the applicant's intention to complete the required landscape
buffer and sidewalk upon recordation of the final plat for the originally approved eight (8) lot
Springhaven Subdivision. The applicant has requested that the following items be acknowledged
regarding the landscape buffer waiver request:
1. Both owners of the subject parcel are going to live on the property.
2. Both homes will be located at least seven hundred feet(700') from East Beacon Light
Road.
3. Both homes will be located so that they conform to the approved plat for the originally
approved eight(8) lot Springhaven Subdivision.
4. The originally approved development agreement, design review and final plat for the eight
(8) lot Springhaven Subdivision will ensure that all necessary improvements will be
constructed. This includes, but is not limited to, a complete landscape buffer including a
berm and sidewalk located adjacent to East Beacon Light Road, a new dedicated street
constructed to ACHD standards, street lights, and a pressurized irrigation system serving
all of the lots contained within the subdivision.
Staff will defer to the Planning and Zoning Commission and the City Council for discussion
regarding this item.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the modifications to the Conditions of Development within the development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
21, 2011, 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 the application was presented to the Planning and Zoning Commission. By
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aizpitarte and Roehling absent)to recommend approval of RZ-09-
08 MOD for a modification to the Conditions of Development and associated exhibits for Matthew
Smith, with the Conditions of Development provided within their findings of fact and conclusions
of law document, dated April 4, 2011.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 12, 2011, 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 no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Huffaker absent) to approve RZ-09-08 MOD for a modification to the
Conditions of Development and associated exhibits for Stillwater Subdivision, with the following
Planning and Zoning Commission recommend modified Conditions of Development
3.2 The Concept Plan (Exhibit B) represents the Owner's concept for completion of an eight (8)
lot residential subdivision and the Concept Plan (Exhibit B1)represents the Owner's current
concept for completion of a two (2) lot residential subdivision. Upon completion and
recordation of the two (2) lot residential subdivision any resubdivision of the property shall
be in conformance with the provisions within the Development Agreement recorded under
Instrument No. 109109347 and the Springhaven Subdivision Final Plat Conditions of
Approval (FP-06-08). As the Concept Plan evolves, the City understands and agrees that
certain changes in that concept may occur. 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 any proposed changes in the Concept Plan,
notice shall be provided as may be required by the City.
3.5 The construction of the required pressurized irrigation system, landscape/buffer berm, and
sidewalk adjacent to East Beacon Light Road is hereby waived until such time that the
property is resubdivided into the eight (8) lot Springhaven Subdivision (FP-06-08) or
resubdivided into a different configuration in the future.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 27, 2011.
2. Notice of Public Hearing on this application for the Eagle Planning and Zoning Commission was
published in the Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on February 28, 2011. Notice of Public Hearing on this application for
the Eagle Planning and Zoning Commission was also published in the Valley Times on September 7,
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 March 4, 2011. The site was posted in accordance with the Eagle City Code on
March 11, 2011.
Notice of Public Hearing on the application 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 March 28,
2011. 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 March 25, 2011. The site was posted in accordance with the Eagle City Code
April 1, 2011.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
09-08 MOD) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
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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 R-E-DA (Residential-Estates with a development agreement)
is consistent with the Residential-Estates land use 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 are not in proximity to this location, nor
expected to be provided, to serve single-family dwelling units on this property under the proposed
zone therefore the site will be served by individual wells and septic systems;
c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT (Residential-Ada County designation) zone and land use to the north since Beacon
Light Road is a minor arterial and the adjacent properties to the north are similar in size, and;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the A-R(Agricultural-Residential) zone and land use to the south since that area has a similar
Comprehensive Plan land use designation and is developed in a similar manner as proposed for
this development, and;
e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the R-E (Residential-Estates up to one unit per two acres) zone and land use to the west since
that site has the same Comprehensive Plan land use designation as proposed for this site, and could
be developed in a similar manner; and
f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT (Residential-Ada County designation) zone and land use to the east since that site
has a similar Comprehensive Plan land use designation and could be developed in a similar
manner as this development, and;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan.
DATED this 26th day of April, 2011.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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