Findings - PZ - 2022 - A-13-22 & RZ-17-22 - James Annexation Rezone - Annexation, Rezone From Rr To R-E-Da For Colleen Marks BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RR (RURAL RESIDENTIAL)TO )
R-E-DA [RESIDENTIAL-ESTATES WITH )
A DEVELOPMENT AGREEMENT] FOR )
COLLEEN MARKS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-13-22 & RZ-17-22
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on December 5, 2022, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission, 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:
Colleen Marks is requesting an annexation and rezone with development agreement from RR
(Rural Residential—Ada County designation)to R-E-DA(Residential-Estates with a development
agreement).The 1.00-acre site is located on the east side of North Hawk Wing Lane approximately
300-feet north of the intersection of West Homer Road and North Hawk Wing Lane at 4940 North
Hawk Wing Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held onsite at 6:00 PM, on Wednesday, August 17, 2022, in
compliance with the application submittal requirement of Eagle City Code.The application for this
item was received by the City of Eagle on October 4, 2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 20, 2022, 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 November 17, 2022. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on November 18, 2022. The site was posted in accordance
with the Eagle City Code on November 23,2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The final plat for Garrigan Estates Subdivision was recorded at the Ada County Clerk's Office on
August 26, 1999.
On December 15, 2015, the City Council approved an annexation, rezone with development
agreement, and combined preliminary and final plat for George and Leigh Brecht (A-04-15/RZ-
09-15 &PP/FP-01-15).
On January 10, 2017, the City Council approved an extension of time of the preliminary plat for
Garrigan Estates Subdivision No.2,to be valid until January 12,2018,for George and Leigh Brecht
(EXT-13-16).
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On March 2, 2017, the Garrigan Estates Subdivision No. 2 final plat was recorded at the Ada
County Recorder's Office(Instrument#2017-018300).
On November 6, 2019,the Zoning Administrator approved a lot line adjustment to remove the lot
line separating Lot 1, Block 1, Garrigan Estates Subdivision and Lot 6, Block 1 Garrigan Estates
Subdivision No. 2(LLA-06-19).
E. COMPANION APPLICATIONS:
Lot Line Adjustment between the subject property and a portion of Lot 6,Block 1,Garrigan Estates
Subdivision No. 2(LLA-05-22).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Agriculture/Rural RR(Rural Residential— Single-family residence
Ada County designation)
Proposed No Change R-E-DA(Residential- No change
Estates with a
Development Agreement)
North of site Agriculture/Rural RR(Rural Residential— Single-family residence
Ada County designation) (Garrigan Estates
and R-E-DA (Residential- Subdivision)and vacant
Estates with a lot(Lot 9,Block 1
Development Agreement) Garrigan Estates
Subdivision No. 2)
South of site Agriculture/Rural R-E-DA (Residential- Non-buldable lot(Lot 6,
Estates with a Block 1, Garrigan Estates
Development Agreement) Subdivision No. 2)
East of site Agriculture/Rural R-E-DA(Residential- Non-buldable lot(Lot 6,
Estates with a Block 1, Garrigan Estates
Development Agreement) Subdivision No. 2)
West of site Agriculture/Rural R-E-DA(Residential- Vacant lot(Lot 7,Block
Estates with a 1,Garrigan Estates
Development Agreement) Subdivision No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA, CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 1.00-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's narrative,date stamped by the City on October 4,2022(attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative,date stamped by the City on October 4,2022(attached to the staff report).
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K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Star Fire Protection District. The existing home is served by a
potable 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, located along the north and east property lines.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—Unknown
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—Unknown
N. NON-CONFORMING USES:
Upon annexation and as required within the development agreement,the applicant will record a lot
line adjustment(LLA-05-22)to increase the size of the subject property to be a minimum of 1.8-
acres as required within the R-E(Residential-Estates)zoning designation.
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:
City Trails and Pathways Superintendent email dated October 21, 2022 (attached to the staff
report).
Eagle Sewer District
Idaho Transportation Department
Middleton/Star Fire Protection District
P. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Kim D Giannecchini,dated November 28,2022.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
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Agricultural/Rural
Suitable for parcels that are 5 acres or larger in size may include active agriculture, viticulture,
equestrian,and estate or large lot residential.Uses include low density housing with significant spaces
between homes that are close to native open space and active farmland. Rural uses are not amenity
based(sewer,water,schools)and are located away from good and services.These areas encourage the
keeping and raising of crops and/or animals and do not necessarily include manicured yards,sidewalks,
bike paths, or planned park and recreation facilities. Density may be limited due to the limited
availability of infrastructure and roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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.
C. DISCUSSION:
• The applicant is requesting an annexation with rezone with a development agreement of Lot 3,
Block 1, Garrigan Estates Subdivision. The proposed use, as conditioned within the development
agreement,will not create a non-conforming use within the R-E(Residential-Estates)zone since a
lot line adjustment is required to ensure the 1-acre parcel is combined with a portion of the adjacent
parcel(Lot 6,Block 1,Garrigan Estates Subdivision No.2)to create a 1.80-acre parcel which will
be in conformance with the required 1.8-acre minimum lot size of the R-E (Residential-Estates)
zoning designation.Upon annexation of Lot 3,Block 1,Garrigan Estates Subdivision,the applicant
will record the lot line adjustment (LLA-05-22) to enlarge the subject property. The applicant
should address the site specific conditions of approval of the lot line adjustment(LLA-05-22)and
present a record of survey mylar ready for signature by the City Clerk prior to the adoption of an
ordinance for annexation and rezone of Lot 3,Block 1,Garrigan Estates Subdivision.
• Plat note#10 of the Garrigan Estates Subdivision No. 2 final plat states,"Lot 6 is a non-buildable
lot to be maintained by its owner per City of Eagle requirement." Upon annexation and rezone of
Lot 3, Block 1, Garrigan Estates Subdivision, the applicant will record the lot line adjustment
(LLA-05-22)to enlarge the subject property. The subject property contains a residential dwelling.
The development agreement should contain a condition of development prohibiting any additional
dwellings to be constructed within the property.
• The Garrigan Estates Subdivision No. 2 recorded plat (Ada County instrument #2017-018300)
identifies building setback easement(instrument#9009106)encumbering 215-feet of Lot 6,Block
1,located adjacent to the east property line.The development agreement should contain a condition
of development which states no structures should be constructed within the 215-foot wide building
setback as identified on the Garrigan Estates Subdivision No. 2 final plat unless the recorded
building setback line is vacated.
PUBLIC HEARING OF THE COMMISSION(Public Hearing AudioNideo Record):
https://eagle-
id.granicus.com/player/clip/1656?view id=1&redirect=true&h=4af92c1cee0c7e41eeleb0de7597245a
A. A public hearing on the application was held before the Planning and Zoning Commission on December
5,2022,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 the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by three(3)individuals who indicated the following:
• Upon annexation of the subject property,the applicant will be completing a lot line adjustment.A
portion of the area associated with the lot line adjustment will contain property which includes an
area in which landscaping is currently maintained by the individual. The individual indicated that
due to the possible change in ownership it will be a violation of his property rights. The individual
requested the lot line adjustment be terminated at the western edge of his easement area.
• A concern with the intensification of the area.Also,there is wildlife in the area,and it is unknown
if there is unique plant life in the area.
• The property contains slopes; therefore, the applicant should be required to address any hillside
concerns if grading or building is proposed.
• A concern with the reduction in size of the adjacent existing lot from 5.0-acres to 4.8-acres in size.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by one (1) individual who provided clarification regarding the perpetual
maintenance of landscaping agreement and previous land swaps which have taken place within the
subdivision.
COMMISSION DELIBERATION: (Granicus time 01:26:24)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The applicant should be required to provide a landscape easement to the adjacent property owner for
the additional area located along the east property line of Lot 6, Block 1, Garrigan Estates Subdivision
No. 2 (the referenced area is proposed to be included with the applicant's property through a lot line
adjustment).
COMMISSION DECISION:
The Commission voted 4 to 0 (Wright absent) to recommend approval of A-13-22 & RZ-17-22 for an
annexation and rezone from RR (Rural Residential —Ada County designation) to R-E-DA (Residential-
Estates with a development agreement) with the following staff recommended conditions to be placed
within a development agreement with underline text to be added by the Commission:
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 The Owner shall address the site specific conditions of approval of the lot line adjustment(LLA-05-
22) and present a record of survey mylar ready for signature by the City Clerk prior to the adoption
of an ordinance for annexation and rezone of the Property.
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3.4 Upon recordation of the lot line adjustment (LLA-05-22) no additional dwelling units shall be
constructed on the site.
3.5 No structures shall be constructed within the 215-foot wide building setback as identified on the
Garrigan Estates Subdivision No.2 final plat and the recorded building setback document(Instrument
#9009106).
3.6 Owner shall dedicate a landscape maintenance easement area(in favor of the property owner of 4951
North Hawkcrest Lane) within the eastern portion of Lot 6, Block 1, Garrigan Estates Subdivision
No. 2,proposed to be included with the Property as part of City of Eagle application#LLA-05-22.
The Owner shall record the landscape maintenance easement area.Upon recordation of the landscape
maintenance easement area,the recorded document should be noted on the lot line adjustment record
of survey prior to recordation.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-13-22 & RZ-17-22) 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 Agriculture/Rural designation as shown on the Comprehensive Plan Land
Use Map since the development agreement will prohibit additional dwellings from being
constructed on the property;therefore,maintaining the density at one unit/five acres;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist to serve all uses allowed on this property
under the proposed zone.The site will be served by an individual well and septic system;
c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the R-E-DA (Residential-Estates with a development agreement) and the RR (Rural
Residential—Ada County designation)zones and land uses to the north since that area contains two
(2)single-family lots with a residential dwelling located on one of the lots;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the R-E-DA (Residential-Estates with a development agreement) zone and land use to the
south since the land contains a non-buildable lot within Garrigan Estates Subdivision No.2(Lot 6,
Block 1);
e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RR(Rural Residential—Ada County designation)zone and land use to the east since the
land use is similar in size to the adjacent property;
f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the R-E-DA(Residential-Estates with a development agreement)zone and land use to the west
since that area contains a single-family lot with a residential dwelling;
g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described
within the Comprehensive Plan;
h. The proposed use, as conditioned within the development agreement, will not create a non-
conforming use within the R-E(Residential-Estates)zone since a lot line adjustment is required to
ensure the 1-acre parcel is combined with two(2)adjacent parcels to create a 1.8-acre parcel which
will be in conformance with the required 1.8-acre minimum lot size of the R-E(Residential-Estates)
zoning designation.Also,the development agreement will prohibit additional residential dwellings
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to be constructed on-site.
DATED this 19th day of December,2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idah
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Trent Wright,Chairman /
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