Findings - CC - 2013 - RZ-14-07 MOD - Mod To Rz Da Instr#108081004/26.22 Acre/1964 W. Beacon Light Rd BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
FOR A MODIFICATION TO THE REZONE
WITH DEVELOPMENT AGREEMENT FOR
EAGLE VINYARD ESTATES HOA INC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-14-07 MOD
XREF:VIGNE D'AQUILA SUBDIVISION(A-11-07IRZ-14-07&PP/FP-O1-07)
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their consideration on July 23, 2013. The item was continued to August 13, 2013, at
which time the Council made their decision. The 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:
Eagle Vineyard Estates HOA Inc., represented by Shawn Nickel,with SLN Planning, is
requesting a modification to the rezone development agreement(Instrument#108081004)
associated with Vigne D' Aquila Subdivision. The 26.22-acre site is located on the
northeast corner of North Ballantyne Lane and West Beacon Light Road at 1964 West
Beacon Light Road.
B. APPLICATION SUBMITTAL:
The rezone modification request was received by the City of Eagle on June 4,2013.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 July 8, 2013. 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 July 5, 2013. The site was
posted in accordance with the Eagle City Code on July 12, 2013.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 28, 2007, the City Council approved an annexation and rezone with
development agreement from RUT (Rural Urban Transition) to A-R-DA (Agricultural-
Residential — up to one (1) unit per five (5) acres with a development agreement) and
combined preliminary plat and final plat approval for Vigne D' Aquila Subdivision(A-11-
07/RZ-14-07 &PP/FP-01-07).
On November 20, 2007, the City Council approved a design review for the common area
landscaping(required buffer berms)within Vigne D' Aquila Subdivision(DR-72-07).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Rural Residential(up A-R-DA(Agricultural-Residential One(1)single-family
to one dwelling unit with a development agreement) home and accessory
per five acres) structures
Proposed No Change No Change Residential subdivision
consisting of five(5)
lots
North of site Rural Residential(up RUT(Rural Urban Transitional- One(1)single-family
to one dwelling unit Ada County designation) home, accessory
per five acres) structures and pasture
South of site Residential Estate(up R-E(Residential Estates—up to one Three(3)single-family
to one dwelling unit unit per two acres)and RUT homes and accessory
per two acres) (Residential -Ada County structures
designation)
East of site Rural Residential(up RUT(Rural Urban Transitional- One(1)single-family
to one dwelling unit Ada.County designation) residence,accessory
per five acres) structures and pasture
West of site Rural Residential(up RUT(Rural Urban Transitional- Two(2)single-family
to one dwelling unit Ada.County designation) homes within Buckhorn
per five acres) Estates Subdivision
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 26.22
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.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
J. NON-CONFORMING USES:None are apparent on the site.
K. AGENCY RESPONSES:None received to date
L. LETTERS FROM THE PUBLIC:None received to date
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 Rules and Defintions:
YARD: A required open space, other than a court, unoccupied and unobstructed by any structure
or portion of a structure from three feet(3')above the general ground level of the graded lot
upward;provided, accessories, ornaments and furniture may be permitted in any yard, subject to
height limitations and requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a lot and from the
front lot line to the front of the principal building.
• Eagle City Code Section 8-2A-7(J)(4)(a and b)Major Roadways:
4. Major Roadways:New residential developments, including, but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways,to protect residential communities from noisy,potentially
dangerous,high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and maintained
by a homeowners'association. Any landscaping proposed to be within the public right of way
shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of the
adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The
required buffer area width,plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35')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: four
(4) shade trees, five(5)evergreen 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
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.
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)
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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
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.
• Eagle City Code Section 8-3-5 Unique Land Uses:
A. Accessory Building:
1. Will not be located in any required front or street side yard area;
• Eagle City Code, Section 8-10-1 Development Agreements—Requirements and Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project with a specific use to
be developed on property in an area that is not appropriate for all uses allowed or conditional
in the requested zone.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-4-1-6 Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
DISCUSSION:
• The applicant is requesting a modification to the development agreement (Instrument
#108081004) associated with RZ-14-07 for the Vigne D' Aquila Subdivision. Within the
applicant's provided narrative, date stamped by the City on June 4, 2013, the applicant is
requesting the following modifications to the Conditions of Development of the executed
development agreement: 1) removal of reference to vineyards, 2) removal of the requirement to
provide a sidewalk adjacent to Ballantyne Lane, 3) removal of the requirement to provide
landscape buffers to be located adjacent to Beacon Light Road and Ballantyne Lane, and 4) allow
for the agricultural structure located (in proximity to the western property line) on Lot 4, Block 1,
to remain on the property.
• On June 19, 2007, the City Council adopted Resolution No. 07-14, recognizing the Eagle Wine
District Overlay (EWD). The Vigne d' Aquila Subdivision is located within the EWD overlay.
The applicant at the time of approval of the annexation, rezone and combined preliminary/final
plat for the subdivision proposed the subdivision with vineyards to conform to the EWD overlay
area. The Conditions of Development and Concept Plan contained within the development
agreement, the Site Specific Conditions of Approval associated with the combined preliminary
/final plat, and the Site Specific Conditions of Approval associated with the Design Review
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application were approved contingent upon the proposed vineyards within the development.
ACHD also modified their policies regarding street design to accommodate the EWD overlay area.
• In regard to the applicant's first request of removing the reference to the vineyards, the vineyards
are referenced in three (3) areas of the development agreement. The Concept Plan (Exhibit `B")
contained within the executed development agreement (Instrument #108081004) contains
"Proposed Vineyards" language located on the four (4) lots located north of the Farmer's Union
Canal. The second area referencing the vineyard area is contained within Condition of
Development#3.3(c). The condition of development states that language shall be placed within the
conditions, covenants, and restrictions (CC&Rs) requiring the formation of a homeowner's
cooperative providing for the maintenance and control of the grape vineyard area. The third area
referencing the vineyard area is contained within Condition of Development #3.8 which states,
"Provide a revised concept plan showing vineyards to be located adjacent to West Beacon Light
Road prior to submitting a Design Review application." If the Council approves the applicant's
request to remove the requirement of planting vineyards within the development the applicant
should be required to provide a revised concept plan with the reference to the proposed vineyards
removed. Also, Condition of Development#3.3(c)and#3.8 should be removed.
• In regard to the applicant's second request for removal of the requirement to provide a sidewalk
adjacent to Ballantyne Lane, there is not a Condition of Development within the executed
development agreement that requires the construction of a sidewalk. Pursuant to Site Specific
Condition of Approval #3 of the ACHD staff report, date stamped by the City on September 7,
2007, the applicant is required to construct either a 5-foot concrete sidewalk or a detached asphalt
pathway (width to be determined by the City of Eagle, but typically not less than 8-feet) located
outside of the right-of-way in a public use easement abutting the site. The Vigne D' Aquila
recorded final plat (Instrument #108086515) delineates and notes a sidewalk easement located
outside of the road right-of-way and adjacent to Ballantyne Lane and Beacon Light Road. Since
the requirement of the construction of a sidewalk or pathway falls within the purview of the Ada
County Highway District staff does not recommend superseding the ACED requirement of
construction of a sidewalk or pathway to be located adjacent to Ballantyne Lane.
• In regard to the applicant's third request for removal of the requirement to provide landscape
buffers located adjacent to Beacon Light Road and Ballantyne Lane there is not a Condition of
Development within the executed development agreement requiring the construction of a
landscape buffer. Pursuant to Eagle City Code landscape buffers are required to be located on
residential developments located adjacent to either collectors or arterials. Vigne D' Aquila is
located adjacent to a collector (Ballantyne Lane) and a minor arterial (Beacon Light Road). The
previous applicant for Vigne D' Aquila Subdivision applied for and received approval of an
Alternative Method of Compliance regarding the required landscape buffers. Due to the proposed
vineyards and the EWD area the landscaped buffers were reduced significantly in size from what
is required adjacent to the noted road classifications. Since the landscape buffers are required
pursuant to Eagle City Code staff does not recommend eliminating the requirement for the
construction of the landscape buffer areas located adjacent to Beacon Light Road and Ballantyne
Lane.
• In regard to the applicant's fourth and final request regarding allowing the agricultural structure
currently located on Lot 4, Block 1 to remain at its current location, the structure is located
approximately 70-feet east of the front property line. Pursuant to Eagle City Code accessory
buildings are not to be located within the required front yard. Due to the current location of the
agricultural building should a residential dwelling be constructed on the site the dwelling would
have to be constructed in close proximity to Ballantyne Lane to be located in front of the existing
agricultural structure otherwise it would create a non-conforming use.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the removal of the requirement to plant vineyards within the subdivision,then
staff recommends changes to Conditions of Development as provided within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on August 13, 2013, at
which time public 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 by no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council
by two (2) individuals; one who was concerned with the possibility of commercial uses being
located upon Lot 5 and one who was concerned with the delivery of irrigation water through the
property, concerned about the location of the head gate, and did not want to see berms constructed
between the lots and the adjacent roadways.
COUNCIL DECISION:
The Council voted 3 to 1 (Defayette abstained) to approve RZ-14-07 MOD for a modification to the
development agreement (Instrument #108081004) for Eagle Vineyard Estates HOA Inc., with the
following changes to the Conditions of Development with text shown with strike though to be deleted.
The Council also determined that the landscape berm/buffer previously proposed to be located
adjacent to Ballantyne Lane and Beacon Light Road was not required since it was not the intent to
have roadway buffer areas in the rural(areas with 5-acre lot sizes)part of the community.
3.3 The conditions, covenants, and restrictions for the Property shall contain at least the
following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of the
common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
(b) An operations and maintenance manual for the irrigation system requiring the
association(s)shall have the duty to maintain and operate the pump providing water to
the system including the funding mechanism for the repair and replacement of the
pump.
.. • . . ..
existing structures(house, garage,barns ctc.) shall be removed from each lot. Demolition
•
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CONCLUSIONS OF LAW:
1. The rezone modification request was received by the City of Eagle on June 4,2013.
2. Notice of Public Hearing on this 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 July 8, 2013.
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 July 5, 2013. The site was posted in accordance with the Eagle City Code on July 12,
2013.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
14-07 MOD) 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 with development
agreement) is consistent with the Rural Residential 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,
or are 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 well and septic;
c. The proposed A-R-DA (Agricultural Residential with development agreement) zoning
designation is compatible with the R-E (Residential Estates-up to one unit per two acres) and
RUT (Ada County designation) zone and land uses to the south because the proposed
development will have lots similar in size or larger in size than will be developed on those
properties;
d. The proposed A-R-DA (Agricultural Residential with development agreement) zoning
designation is compatible with the RUT (Ada County designation) zone and land uses to the
north, east, and west since those lands have the same Comprehensive Plan designation as this
site,and are developed or may be developed with lots of similar size;
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone if the conditions to be
placed within the development agreement are achieved.
DATED this 27th day of August 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
' da County,Ida,=
/James D. Reyno • I. o i l.
ATTEST: = SEAL #
Sharon K. Bergmann,Eagle Ci Clerk ' .•/moo.�`**
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