Findings - CC - 2015 - A-04-14/RZ-04-14 - A/Rz From Rut To Re/4.6 Acre/1960 W Joplin Lane 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 )
SHANE AND SHARON MACE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-14 &RZ-04-14
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on February 10, 2015, 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:
Shane and Sharon Mace, represented by Rick McGraw, are requesting approval of an
annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to
R-E (Residential-Estates up to one (1) unit per two (2) acres). The 4.6-acre site is located
approximately 1200-feet west of the intersection of South Chipper Way and South Locust
Grove Road at 1960 West Joplin Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 7:00 PM, Thursday, September 4, 2014, in
compliance with the application submittal requirement of Eagle City Code. The
applications for these items were received by the City of Eagle on September 17, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning
Commission were published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on November 24, 2014. 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 November 25, 2014. Requests for agencies' reviews were transmitted
on October 3, 2014, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on December 1, 2014.
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 January 26, 2015. 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 20,
2015. The site was posted in accordance with the Eagle City Code on January 30, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
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E. COMPANION APPLICATIONS:
Conditional use permit application to allow a mobile home occupied by a family member
to continue to be located upon a lot in which a single-family dwelling already exists and
for a setback waiver to allow for existing accessory structures to remain within a required
setback(CU-07-14).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT(Rural-Urban Transition Single-family residence and
—Ada County designation) agriculture
Proposed No change R-E(Residential-Estates) No change
North of site Residential Two R-2-P(Residential—PUD) Banbury Golf Course
South of site Residential One RUT(Rural-Urban Transition Vacant parcel
—Ada County designation)
East of site Residential Two R-3-DA(Residential with a Banbury Meadows
development agreement) Subdivision No. 8
West of site Residential Two RUT(Rural-Urban Transition Single-family residence and
—Ada County designation) agriculture
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 4.6-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on September 17, 2014
(attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is currently served by a domestic well and individual septic system.
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—Located in proximity to the residence and the driveway
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
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Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
N. NON-CONFORMING USES:
There are two (2) accessory structures located approximately 15-feet and one(1)accessory
structure located approximately 20-feet from the rear property line (north) adjacent to
Banbury Golf Course. The site also contains a mobile home in addition to the single-
family residential dwelling.
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
Idaho Department of Lands
Idaho Transportation Department
Tesoro Logistics NW Pipeline
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:
• The site is designated as Residential Two on the Comprehensive Plan Land Use Map.
Chapter 6—Land Use
6.3.4 Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.) G
And H*
R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100'
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C. DISCUSSION:
• The site is designated as Residential Two within the Comprehensive Plan. The Residential
Two designation allows for an overall density of up to two (2) units per acre. The
applicant is requesting an R-E (Residential-Estates — up to one (1) unit per two (2) acres)
zoning designation, which will have less impact on the adjacent properties due to the
reduced density. The applicant is requesting annexation and rezone approval because they
desire to be located within the City of Eagle's corporate limits.
• The 4.6-acre site currently contains a single-family dwelling, mobile home (secondary
dwelling utilized by a family member), and approximately six (6) accessory structures.
Three (3) of the accessory structures are located within the 30-foot wide rear yard setback
associated with the proposed R-E (Residential-Estates — up to one (1) unit per two (2)
acres) zoning designation. The accessory structures have been located at their current
location for several years. Pursuant to Idaho Code Section §67-6512(f) exceptions or
waivers of standards, other than use, inclusive of the subject matter addressed by Idaho
Code Section §67-6516, in a zoning ordinance may be permitted through issuance of a
special use permit (conditional use permit). The applicant has submitted a conditional use
permit application requesting approval to allow for the existing accessory structures to
remain within a required setback (rear yard). If the conditional use permit is approved
(regarding the structures located within the rear yard setback) no non-conforming use
would be created with the rezone of the property.
The applicant is also requesting conditional use permit approval to allow a mobile home
occupied by a family member to continue to be located on a lot in which a single-family
dwelling already exists pursuant to Eagle City Code Section 8-3-2(E). If the conditional
use permit is approved allowing a family member to remain in the mobile home no non-
conforming use would be created with the rezone 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 rezone
from RUT(Rural-Urban Transitional)to R-E(Residential-Estates).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications were held before the Planning and Zoning Commission on
December 15, 2014; a quorum was not present. The public hearing was scheduled for January 5, 2015,
at which time testimony was taken and the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in opposition to the applications was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one(other than the applicant/representative).
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning
and Zoning Commission by one individual who indicated that since the Mace family has purchased the
property the property has been maintained better than in the past.
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-04-14 & RZ-04-14 for an annexation and
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E (Residential-Estates) for
Shane and Sharon Mace.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 10, 2015, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-04-14 & RZ-04-14 for an annexation and rezone from RUT(Rural-
Urban Transition—Ada County designation)to R-E(Residential-Estates)for Shane and Sharon Mace.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 7:00 PM, Thursday, September 4, 2014, in compliance
with the application submittal requirement of Eagle City Code. The applications for these items were
received by the City of Eagle on September 17, 2014.
2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 24, 2014. 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 November 25, 2014. Requests for agencies' reviews
were transmitted on October 3, 2014, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on December 1, 2014.
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 January 26,
2015. 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 20, 2015. The site was posted in accordance with the Eagle City Code on
January 30, 2015.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-04-14 &RZ-04-14) in terms Eagle City Code Section 8-7-5 (F) (1)"Action by the Commission and
Council" and based upon the information provided concludes that the proposed applications are 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
Residential Two designation as shown on the Comprehensive Plan Land Use Map; and
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 the uses proposed on this property under the proposed zone; and
c. The proposed R-E (Residential-Estates) zone is compatible with the R-2-P (Residential —
PUD) zone and land use to the north since that area is developed into a golf course; and
d. The proposed R-E (Residential-Estates) zone is compatible with the RUT (Rural-Urban
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Transition—Ada County designation) zone and land use to the south since that area is a vacant
parcel and may be developed with a higher density; and
e. The proposed R-E (Residential-Estates) zone is compatible with the RUT (Rural-Urban
Transition—Ada County designation) zone and land use to the west since that area is a vacant
parcel and is also designated Residential Two within the Comprehensive Plan; and
f. The proposed R-E (Residential-Estates) zone is compatible with the RUT (Rural-Urban
Transition —Ada County designation) zone and land use to the east since that area is a vacant
parcel and is proposed to be developed with a higher density in conformance with the
Comprehensive Plan; 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 rear setback for the accessory structures located adjacent to the northern property will be
permitted to remain until such time they are replaced pursuant to the approval of a conditional
use permit (CU-07-14). The secondary dwelling (mobile home) to be utilized for a family
member is permitted to remain pursuant to the approval of a conditional use permit (CU-07-
14). Therefore, no non-conforming uses are expected to be created with this rezone.
DATED this 10th day of March, 2015.
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.
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen(14)days of the final written decision.
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