Findings - CC - 2021 - A-11-20 & RZ-15-20 - Brunson Rezone 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 DEVELOPMENTAGREEMENT) )
FOR RUSSELL AND COLLETTE BRUNSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-11-20&RZ-15-20
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on February 23, 2021, 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:
Russell and Collette Brunson, represented by Todd W. Heist with TWH Construction, are
requesting annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)
to R-E-DA(Residential-Estates with a development agreement).The 5-acre site,consisting of two
(2)parcels,is located on the south side of East Clearvue Drive approximately 845-feet east of North
Meridian Road at 385 East Clearvue Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 5:00 PM, on Monday, November 2, 2020, in
compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on November 19,2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on December 9, 2020, in accordance with the
requirements of the Eagle City Code. 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 January 1,2021. Notice of this public hearing
was mailed to property owners within 1,500-feet of the subject property in accordance with the
requirements of Title 67,Chapter 65,Idaho Code and Eagle City Code on December 31,2020.The
site was posted in accordance with the Eagle City Code on December 31,2020.
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 February 5,
2021. Notice of this public hearing was mailed to property owners within 1,500-feet of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on February 5,2021.The site was posted in accordance with the Eagle City Code on February
12, 2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 9, 2020, the Ada County Board of Commissioners denied a variance of the RUT
Zone 5% maximum lot coverage standard for construction of an 828-square foot detached
accessory building.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot Residential RUT(Rural-Urban Transition Single-family
—Ada County designation) dwelling
Proposed No Change R-E-DA(Residential-Estates No Change
with a development
agreement)
North of site Large Lot Residential RUT(Rural-Urban Transition Single-family
—Ada County designation) dwellings(Clearvue
Estates Subdivision)
South of site Large Lot Residential R-E(Residential Estates) Single-family
dwellings
(Sugarberry Woods
Subdivision)
East of site Large Lot Residential RUT(Rural-Urban Transition Single-family
—Ada County designation) dwellings(Clearvue
Estates Subdivision)
West of site Large Lot Residential RUT(Rural-Urban Transition Single-family
—Ada County designation) dwellings(Clearvue
Estates Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 5-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter,date stamped by the City on November 19,2020(attached to the
staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter,date stamped by the City on November 19,2020(attached to the
staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is accessed by Clearvue Drive. The property will be served by the Eagle Police
Department,Meridian Fire Department,and an on-site well and 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, all mature trees to remain
Riparian Vegetation—No
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Steep Slopes—No
Stream/Creek—No
Unique Animal Life—Unknown
Unique Plant Life—Unknown
Unstable Soils—No
Wildlife Habitat—Deer and Turkeys(identified by applicant on application, date stamped by the
City on November 19,2020)
N. NON-CONFORMING USES:None
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Development Services
Ballentyne Ditch Company
Marathon Pipe Line,LLC
P. LETTERS FROM THE PUBLIC(attached to the staff report):
Correspondence received from Larry Sandusky,date stamped by the City on December 22,2020.
Correspondence received from Carlene Canfield,date stamped by the City on December 30,2020.
Email correspondence received from John M. Dick, dated January 10,2021.
Email correspondence received from Brian Hoff, dated January 11,2021.
Email correspondence received from Shannon Dick, dated January 11, 2021.
Correspondence received from April and Brad Dillon, date stamped by the City on January 11,
2021.
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
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
•
Large Lot
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for
densities higher than 1 unit per 2 acres.Open space and parks in this area will be generally limited.
Land uses in this category will tend to appear as suburban large lot and generally less agrarian
than the Estate Residential and Agricultural/Rural designations.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
LOT COVERAGE:
The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area
of the lot,expressed as a percentage.
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• Eagle City Code Section 8-2-1: Districts Established Purposes and Restrictions:
R-E RESIDENTIAL-ESTATES DISTRICT:
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.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimu
Note Conditions A To E* m Lot
Area
Maximu (Acres
m Lot Or Minimu
Zoning Maximu Stree Covered Square m Lot
District m Front ' Rear Interior t F And Feet) Width
Height " Side Side J* H* I*
R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100'
• Eagle City Code Section 8-10-1: Development Agreement: 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.
C. DISCUSSION:
• The applicant is requesting an annexation and rezone with a development agreement to facilitate
the construction of an 828-square foot detached garage on the property.The annexation and rezone
are required prior to construction because the maximum lot coverage for the RUT (Rural-Urban
Transition—Ada County designation) zone of 5% would be exceeded. The applicant applied for
and was denied a variance by the Ada County Board of Commissioners(See Findings of Fact and
Conclusions of Law,Project No.202001506-V,dated September 9,2020, [attached]).Members of
the Ada County Board of Commissioners suggested that the applicant annex into the City of Eagle
during that meeting(See Board of Ada County Commissioners Minutes,dated September 9,2020
[attached]).
• The lot coverage of the subject property is generally higher than nearby properties located outside
of Eagle City Limits but is similar to that of other nearby R-E zoned properties within the City of
Eagle.
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Subject Property
N N4g.--- \-- ._ I c______
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w Clear Creek� Lot Coverage
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0
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Ni
r�Heigh1 ill M W oakhamPto 11.1 5% - 10%
5 � M W 3.09�.a2 oao ����wirlirE III 10% or greater
aJ :::
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28
MI 1 I
Sugarberry M
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77 4 11 Ca a
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Bolton — Bolton 7�14, 5 5
m — — r—at 111111 c; tows,
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—_ _ _ ? _ 8.97 17.0010.87 S 0 500 1000 ft
_..A = ii y— • 13.95 �— I
3 --C: C A = I �..(� . Stansbury \.
Figure 1 Lot coverage within required mailing radius
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
19,2021,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 application was presented to the Planning and Zoning Commission
by one(1)individual who indicated the following concerns:
• The proposed annexation is not in conformance with the subdivision CC&Rs.
• Annexation may lead to a"domino effect"of urban development.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(other than the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by no one.
COMMISSION DELIBERATION: (Granicus time 00:34:08)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The comprehensive plan designates the area as Large Lot Residential; therefore, the request is
appropriate since it is in conformance with the comprehensive plan.
• An annexation of the property will not create a"domino effect"of future annexations.
• The applicant's request is to allow additional lot coverage,not to further subdivide the property.
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COMMISSION DECISION:
The Commission voted 3 to 0(McCauley and Smith absent)to recommend approval of A-11-20&RZ-15-
20 for an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to R-E-DA
(Residential Estates with a development agreement) for Russell and Collette Brunson, with conditions to
be placed within a development agreement as provided within their findings of fact and conclusions of law
document, dated February 1,2021.
PUBLIC HEARING OF THE CITY COUNCIL
A. A public hearing on the application was held before the City Council on February 23, 2021, at which
time testimony was taken and the public hearing was closed. The City 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 the City Council by no one(other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-11-20&RZ-15-20 for an annexation and rezone from RUT(Rural-
Urban Transition — Ada County designation) to R-E-DA (Residential Estates with a development
agreement) for Russell and Collette Brunson, with the following Planning and Zoning Commission
recommended conditions of development to be placed within a development agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the Owner will submit such applications regarding floodplain
development permit review, 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 with this Agreement.
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.
3.3 Outdoor sporting events and Live Entertainment Events as defined by Eagle City Code Section 8-
1-2 shall be prohibited on the Property unless a home occupation permit is approved by the City
Council in accordance with Eagle City Code Section 8-3-5 (L).
3.4 The Property consisting of two (2) parcels, totaling five (5) acres shall not be further subdivided
and shall be limited to one(1)residence.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-11-20&RZ-15-20)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-DA(Residential-Estates with a development agreement)
is consistent with the Large Lot designation as shown on the Comprehensive Plan Land Use Map;
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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 proposed residential use and accessory outbuildings on this property under the proposed zone;
c. The proposed R-E-DA(Residential Estates with a development agreement)zone is compatible with
the RUT(Rural-Urban Transition—Ada County Designation)zone and land use to the north since
the land uses are similar and the applicant is limited to a density of one (1)unit per five (5) acres
through a development agreement;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the R-E (Residential-Estates) zone and land use to the south since the land uses are similar
and the applicant is limited to a density of one (1) unit per five (5) acres through a development
agreement;
e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT(Rural-Urban Transition—Ada County Designation) zone and land use to the east
since the land uses are similar and the applicant is limited to a density of one (1)unit per five (5)
acres through a development agreement;
f. The proposed R-E-DA(Residential Estates with a development agreement)zone is compatible with
the RUT(Rural Urban Transition—Ada County Designation)zone and land use to the west since
the land uses are similar and the applicant is limited to a density of one (1) unit per five (5) acres
through a development agreement;
g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described
within the Comprehensive Plan;
h. No non-conforming uses are expected to be created with this rezone.
DATED this 23rd day of March,2021.
CITY COUNCIL
OF THE CITY OF EAGLE
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