Findings - CC - 2012 - A-01-11/RZ-02-11 - A/Rz From Rut To Re-Da/10 Acre/1655 Ballantyne BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT(RURAL-URBAN TRANSITION) )
TO R-E-DA(RESIDENTIAL-ESTATES )
WITH A DEVELOPMENT AGREEMENT) )
FOR DAVID AND LINDA WILHITE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-01-11 &RZ-02-11
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on February 28, 2012, 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:
David and Linda Wilhite, represented by Shawn Nickel with SLN Planning, are
requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada
County Designation) to R-E-DA (Residential-Estates-one unit per two acres with a
development agreement). The 10-acre site is located 360-feet south of Beacon Light Road
and 800-feet east of Ballantyne Lane at 1655 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Thursday, October 20, 2011, on site in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on November 16, 2011.
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 December 19, 2011. The item was re-published
on January 2, 2012, due to the site not being posted for the first hearing. 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 December 15, 2011; a new notice was also sent out on December
28, 2011, due to the site not being posted for the first hearing. The site was posted in
accordance with the Eagle City Code on January 6, 2012. Requests for agencies' reviews
were transmitted on November 18, 2011, in accordance with the requirements of the Eagle
City Code.
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 February 6, 2012. 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 February 2,
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2012. The site was posted in accordance with the Eagle City Code February 17,2012.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS:Parcel Division,File#PD-02-11
F. C OMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates RUT(Rural-Urban Transition Two(2) single-family
—Ada County Designation) dwellings
Proposed No Change R-E-DA(Residential-Estates Single-family dwelling
—up to one unit per two acres
with a development
agreement)
North of site Residential Estates R-E-DA (Residential-Estates Single-family dwelling
—up to one unit per two acres
with a development
agreement)
South of site Residential Estates R-E(Residential-Estates—up Residential Subdivision
to one unit per two acres) (Academy Place)
East of site Residential Estates R-E(Residential-Estates—up Residential Subdivision
to one unit per two acres) (Pony Hollow)
West of site Residential Estates RUT(Rural-Urban Transition Single-family dwelling
—Ada County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 10-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated October 31, 2011, attached to the staff report and
incorporated herein by reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter dated October 31, 2011, attached to the staff report and
incorporated herein by reference.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A letter from the Central District Health Department states that they have no objection to
the project. A letter from the Eagle Sewer District states that the property is located in an
area that the District is not planning to provide central sewer service.
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L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees — Yes — adjacent to the original dwelling located at the northeastern quarter of the
property.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—Unknown
Wildlife Habitat—Unknown
N. NON-CONFORMING USES:
There are currently two (2) residential dwellings located on the subject site. One of
residential dwellings is the original residence and the other residential dwelling is located
within the existing barn where a portion of the barn was converted into a residential
dwelling. The request for annexation and rezone is to facilitate a future parcel division so
the two (2) residential dwellings may be located on separate parcels. The applicant has
submitted a parcel division application(PD-02-11).
O. 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 — Indicated that they have no site specific conditions of
approval since the site has no ACHD street frontage
Boise River Flood Control District#10 —Indicated that the property is located outside of
the district boundaries.
Central District Health Department—No objections to the proposal
Chevron Pipe Line Company—No conflicts with the pipeline
Eagle Fire Department — Indicated no objection to the application and that the existing
roadway access is in conformance with the 2009 International Fire Code minimum
standards
Eagle Sewer District—Indicated that the District has no concerns with the project since
the property will be served by an on-site wastewater treatment system
Idaho Department of Lands—Indicated that the proposed annexation and rezone will not
impact State Trust Lands at this time. .
Idaho Transportation Department—No comment
P. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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• The Comprehensive Plan Land Use Map (adopted 08-28-09) designates this site as
Residential Estate:
Residential Estates
Suitable primarily for single family residential development on acreages may be in
transition from agricultural to residential use or may combine small scale
agricultural uses with residential uses. An allowable density of up to 1 unit per 2
acres.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Easement as:
Authorization by a property owner for the use by another, and for a specified purpose, of
any designated part of his property.
• Eagle City Code Section 8-1-2 defines Nonconforming Use as:
A building, structure or use of land existing at the time of enactment of this title, and
which does not conform to the regulations of the district in which it is situated.
• Eagle City Code Section 8-3-3 (F): Supplemental Yard and Height Regulations — Maximum
Units Per Lot:
Any buildable lot conforming to this title, with a zoning designation of A, A-R, R-E, R-1,
R-2, R-3, R-4, or R-5, shall be permitted a maximum of one single-family dwelling unit
per lot. Additional dwelling units shall not be permitted within the above mentioned
zoning designations unless specifically permitted elsewhere within this title. Multi-family
units/developments are prohibited in the above mentioned zoning designations.
• Eagle City Code Section 8-7-2: Zoning Permits and Certificates of Occupancy:
B. Certificates Of Occupancy:
1. Certificate Of Occupancy Required: It shall be unlawful to use or occupy or permit
the use or occupancy of any building or premises, or both, or part thereof thereafter
created, erected, changed, converted or wholly or partly altered or enlarged in its
use or structure until a certificate of occupancy shall have been issued therefor by
the administrator stating that the proposed use of the building or land conforms to
the requirements of this title and with all conditional provisions that may have been
imposed.
C. DISCUSSION:
• The Comprehensive Plan Land Use Map designates this site as Residential Estate (up to one
dwelling unit per two acres). The applicant is requesting annexation and rezone to R-E-DA
(Residential-Estates — up to one (1) dwelling unit per two (2) acres with a development
agreement) to facilitate a future parcel division within the city. The site currently has two (2)
residential dwellings located on the parcel. Pursuant to Eagle City Code, no more than one (1)
single-family dwelling unit is allowed on a single lot within the R-E zone. The applicant has
also submitted a Parcel Division application to divide the 10-acre site into two (2) parcels
which are no less than five (5) acres each. If approved,the parcel division will allow for each of
the single-family dwellings to be located on a single parcel. With the proposed parcel division,
staff believes the character of the area will not be changed since the proposed parcel
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configuration is compatible to the surrounding development. The maximum overall density of
the project as proposed will not exceed .20-units per acre.
• The subject property does not have frontage to a public or private road. The site plan date
stamped by the City on November 16, 2011, shows a 30-foot wide ingress/egress easement
(Instrument No. 1080055911), which provides access through the adjacent property located
north of the site. As shown on the site plan, access is provided from West Beacon Light Road
via a driveway located on the property west of the site. The driveway extends approximately
100-feet into the adjacent property without an easement. The applicant has historically taken
access from West Beacon Light Road through the adjacent property to the west and did not
utilize the ingress/egress access easement to the north until the ingress/egress access easement
was moved from the center of the property to the north to the western boundary at which time
the applicant constructed a new driveway within a portion of the newly created easement. The
site plan also shows a 30-foot wide on-site shared driveway easement which provides access to
both parcels. The location of the existing driveway (outside of the access easement) will be
addressed within the staff report for the parcel division application.
• The site plan date stamped by the City on November 16, 2011, shows an on-site well located
within the 30-foot wide shared driveway easement. This well is the only on-site well shown on
the site plan and possibly provides potable water to both residential dwellings located on the
property. Staff will address the location of the well and additional concerns within the staff
report provided for the parcel division application.
• As previously noted in the Staff Findings of Fact in section N,Non-Conforming Uses, a portion
of the barn was converted into a residential dwelling. The applicant did not obtain a building
permit nor were there any inspections conducted prior to the completion of the improvements
(while in Ada County). Pursuant to Eagle City Code, it is unlawful to use or occupy or permit
the use or occupancy of any building or premises, or both, or part thereof created, erected,
changed, converted or wholly or partly altered or enlarged in its use or structure until a
certificate of occupancy has been issued by the administrator stating that the proposed use of
the building or land conforms to the requirements of Title 8 and with all conditional provisions
that may have been imposed. The applicant's narrative date stamped by the City on November
16, 2011, indicates that the owners (applicant) will work with the city building department to
complete the necessary requirements to bring all existing structures into compliance with the
International Building Code (IBC). The owner should work with the City of Eagle Building
Department to obtain a certificate of occupancy for the residential portion of the barn. The
certificate of occupancy should be obtained within 90-days following the approval of the
annexation and rezone ordinance. Should a certificate of occupancy not be obtained within the
90-day timeframe the City should move forward with enforcement of the building code
violation(conversion of the barn to a residence without a building permit).
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 R-E-DA
(Residential-Estates — one unit per two acres with a development agreement) with conditions of
development to be included within a development agreement as shown on the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
January 17, 2012, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
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B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one(other than the applicant/representative).
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 (Smith absent) to recommend approval of A-01-11 and RZ-02-11
for an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to R-
E-DA (Residential-Estates—one unit per two acres with a development agreement) for David and
Linda Wilhite with conditions of development to be placed in a development agreement as
provided within their findings of fact and conclusions of law document, dated February 6, 2012.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 28, 2012, 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 4 to 0 to approve A-01-11 and RZ-02-11 for an annexation and rezone from
RUT (Rural-Urban Transition — Ada County designation) to R-E-DA (Residential-Estates — one
unit per two acres with a development agreement)for David and Linda Wilhite, with the following
Planning and Zoning Commission recommended conditions of development to be placed within a
development agreement:
3.1 The development shall not exceed one(1)unit per two(2)acres.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding a
parcel division, 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.
3.3 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.
3.4 The applicant shall address all site specific conditions of approval and standard conditions of
approval of the parcel division application and present a mylar ready for signature by the
City Clerk prior to the adoption of an ordinance for annexation and rezone of the subject
property.
3.5 The owner shall work with the City of Eagle Building Department to obtain a certificate of
occupancy for the residential portion of the barn. The certificate of occupancy shall be
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obtained within 90-days following the approval of the annexation and rezone ordinance.
Should a certificate of occupancy not be obtained within the 90-day timeframe the City will
move forward with enforcement of the building code violation (conversion of the barn to a
residence without a building permit).
3.6 Prior to the approval of an annexation and rezone ordinance the applicant shall pay all fees
associated with the rezone and parcel division applications pursuant to Eagle City Code 1-7-
4.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, Thursday, October 20, 2011, on site in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on November 16, 2011.
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 December 19, 2011. The item was re-published on January 2, 2012, due to the site
not being posted for the first hearing. 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 December 15, 2011; a new notice was
also sent out on December 28, 2011, due to the site not being posted for the first hearing. The site
was posted in accordance with the Eagle City Code on January 6, 2012. Requests for agencies'
reviews were transmitted on November 18, 2011, in accordance with the requirements of the Eagle
City Code.
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
February 6, 2012. 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 February 2, 2012. The site was posted in
accordance with the Eagle City Code February 17, 2012.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-02-11)
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 R-E-DA (Residential-Estates—up to one (1)unit
per two (2) acres with a development agreement) is consistent 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 indicated that adequate public facilities are not in
proximity to this location. The single-family dwelling units on this property will be
served by individual well and septic;
c. The proposed R-E-DA (Residential-Estates—up to one (1)unit per two (2) acres with
a development agreement) zone is compatible with the R-E-DA (Residential-Estates—
up to one (1) unit per two (2) acres with a development agreement) zone and land use
to the north since the two (2) parcels north of the subject parcel conform to the
minimum lot size for the R-E (Residential-Estates — up to one (1) unit per two (2)
acres)zoning designation, and;
d. The proposed R-E-DA (Residential-Estates—up to one (1)unit per two (2) acres with
a development agreement) zone is compatible with the R-E (Residential-Estates —up
to one (1) unit per two (2) acres) zone and land use to the south since that area is
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developed into a residential subdivision (Academy Place Subdivision) with lots of
similar size, and;
e. The proposed R-E-DA (Residential-Estates—up to one (1) unit per two (2) acres with
a development agreement) zone is compatible with the RUT (Rural — Urban
Transition — Ada County designation) zone and land use to the west since that area
contains parcels of similar size and may be developed in a similar manner at a future
date, and;
f. The proposed R-E-DA (Residential-Estates—up to one (1) unit per two (2) acres with
a development agreement) zone is compatible with the R-E (Residential-Estates —up
to one (1) unit per two (2) acres) zone and land use to the east since that area is
developed into a residential subdivision (Pony Hollow Subdivision) with residential
lots that conform to the minimum lot size for the R-E (Residential-Estates—up to one
(1)unit per two (2)acres)zoning designation, 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. The applicant has submitted a parcel division application to allow for the two existing
residential dwellings to be located on separate parcels. With the approval of the parcel
division and subsequent recordation of the record of survey it will eliminate any non-
conforming uses on the property.
DATED this 13th day of March 2012.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jaif-s D. Reynolds, Mayor •s�i•��u.rr,,��
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ATTEST: ��
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Sharon K. Bergmann,Eagle City Cl;rk
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