Findings - CC - 2016 - A-03-16 & RZ-04-16 - Rezone 8.41Acres From Rut To R-EBEFORE 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
FOR M. LYNN MCKEE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-16 & RZ-04-16
The above -entitled annexation and rezone applications came before the Eagle City Council for their
consideration on July 26, 2016. The applications were continued to August 9, 2016, 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 -
M. Lynn McKee is requesting approval of an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to R -E (Residential -Estates). The 8.41 -acre site is located
on the south side of West Beacon Light Road approximately 350 -feet east of the intersection of
North Ballantyne Lane and West Beacon Light Road at 1887 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 8:00 PM, on Monday, February 15, 2016. A second
Neighborhood Meeting was held on-site at 7:00 PM, on Tuesday, May 24, 2016, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 20, 2016.
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 May 16, 2016. 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 May 13, 2016. The site was posted in
accordance with the Eagle City Code on May 26, 2016. Requests for agencies' reviews were
transmitted on May 4, 2016, 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
July 4, 2016. 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 June 30, 2016. The site was posted in accordance with the
Eagle City Code on July 15, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 8.41 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on April 20, 2016, attached to the staff
report.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): Not applicable
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is currently served by the Eagle Fire District.
Lynn Moser with Eagle Sewer District provided an email, dated May 4, 2016, attached to the staff
report, which indicated the District is not planning to provide central sewer in this area.
Note: The property is served by a well and by a 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 adjacent to the property lines and the accessory structure
Riparian Vegetation — No
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Estates
RUT (Rural -Urban Transition
Single-family dwelling
— Ada County Designation)
Proposed
No Change
R -E (Residential -Estates)
Single-family dwelling
North of site
Residential Estates
RUT (Rural -Urban Transition
Single-family dwelling
— Ada County Designation)
South of site
Residential Estates
R -E (Residential -Estates)
Residential Subdivision
(Academy Place)
East of site
Residential Estates
R -E (Residential -Estates — up
Single-family dwelling
to one unit per two acres)
West of site
Residential Estates
R=E (Residential -Estates =up
Single-family dwelling
to one unit per two acres)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 8.41 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on April 20, 2016, attached to the staff
report.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): Not applicable
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is currently served by the Eagle Fire District.
Lynn Moser with Eagle Sewer District provided an email, dated May 4, 2016, attached to the staff
report, which indicated the District is not planning to provide central sewer in this area.
Note: The property is served by a well and by a 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 adjacent to the property lines and the accessory structure
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 — No
N. NON -CONFORMING USES: None are apparent on the site.
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:
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company, Ltd. (Jerry A. Kiser on behalf of)
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 Comprehensive Plan Land Use Map (adopted February 10, 2015) 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 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this title.
In addition, the specific purpose of each zoning district shall be as follows:
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.
Cites �7 [.Yf11�LY.y [�)►a►t.'TiLa
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 (Residential -
Estates).
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 6,
2016, 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 no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
COMMISSION DELIBERATION: (Granicus time 1:46:30)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed annexation and rezone is appropriate for the area based on the requested zoning being in
conformance with the Comprehensive Plan.
• There was no opposition to the proposed annexation and rezone.
COMMISSION DECISION:
The Commission voted 3 to 0 (Wright & Villegas absent) to recommend approval of A-03-16 & RZ-04-16
for an annexation and rezone from RUT to R -E for M. Lynn McKee as provided within their findings of
fact and conclusions oflaw document, dated -June 20, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. The applications came before the Eagle City Council for their consideration on July 26, 2016. The
applications were continued to August 9, 2016, 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 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-03-16 & RZ-04-16 for an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to R -E (Residential -Estates) for M. Lynn McKee, as shown
on Exhibit "A" attached hereto.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-03-16 & RZ-04-16) 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 (Residential -Estates) is consistent with the Residential
Estate 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 exist including an on-site well and septic
system, or are expected to be provided, to serve the residential uses allowed on this property under
the proposed zone in accordance with Eagle City Code Section 8-2-1, that allows well and septic
systems within a R -E (Residential -Estates) zoning designation;
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c. The proposed R -E (Residential -Estates) zoning district is compatible with the RUT (Rural -Urban
Transition _ Ada County Designation) zone and land use to the north since that area contains a
parcel of similar size and may be developed in a similar manner at a future date;
d. The proposed R -E (Residential -Estates) zoning district is compatible with the R -E (Residential -
Estates) zone and land use to the south since that area is developed into a residential subdivision
(Academy Place Subdivision) with lots of similar size;
e. The proposed (Residential -Estates) zone is compatible with the R -E (Residential -Estates) zoning
district and land uses to the east and west since those areas contain parcels that are in conformance
with the minimum lot size associated with the R -E (Residential -Estates) zoning designation;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
g. No non -conforming uses are expected to be created with this rezone.
DATED this 23,d day of August, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
A u ty, Id*o-12 I I _�
St idgeway, Mayor
ATTEST:
haron . Bergmann, Eagle City;Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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