Findings - CC - 2018 - A-03-17 & RZ-07-17 - Annexation & Rezone From Rut To RedaBEFORE 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 DEVELOPMENT AGREEMENT) FOR
FOR RYAN WILHITE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-17 & RZ-07-17
The above -entitled rezone application came before the Eagle City Council for their action on March 13,
2018, 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:
Ryan Wilhite, represented by Marks Land Surveying, Inc., is requesting approval of an annexation
with rezone with a development agreement from RUT (Rural -Urban Transition — Ada County
Designation) to R -E -DA (Residential -Estates with a development agreement). The 5 -acre site is
located on the south side of West Beacon Light Road approximately 600 -feet east of North
Ballantyne Lane at 1825 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Monday, November 27, 2017, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on November 30, 2017.
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 January 9, 2018. 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 4, 2018. The site was posted in
accordance with the Eagle City Code on January 26, 2018. Requests for agencies' reviews were
transmitted on December 4, 2017, 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 February
26, 2018. 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 February 20, 2018. The site was posted in accordance with the
Eagle City Code on March 3, 2018.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 9, 2016, the Eagle City Council approved a parcel division for the property to the south
of the subject property (PD -01-16).
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E. COMPANION APPLICATIONS:
PD -02-17 — A parcel division application to allow for the property to be split into to two (2) separate
parcels.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Estate Residential
No Change
North of site Agriculture/Rural
South of site
East of site
Estate Residential
Estate Residential
ZONING
DESIGNATION
RUT (Rural Urban
Transition - Ada County
designation)
R -E -DA (Residential -
Estates with a development
agreement)
A -R -DA (Agricultural
Residential with a
development agreement)
R -E (Residential -Estates)
R -E -DA (Residential -
Estates with a development
agreement)
West of site Estate Residential R -E (Residential -Estates)
LAND USE
Single-family
dwelling
Parcel Division
Vigne d' Aquila
Subdivision
Single-family
dwelling
Single-family
dwelling
Single-family
dwelling
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 attached applicant's justification letter dated November 30, 2017 (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached applicant's justification letter dated November 30, 2017 (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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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 existing dwelling and accessory structures.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — No
Wildlife Habitat — No
N. NON -CONFORMING USES:
The existing single-family dwelling is located within the required front -yard setback for the R -E
zone. A condition of development will be placed within the development agreement addressing
this.
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
Central District Health Department
City of Eagle Parks, Pathways, and Recreation Department
Eagle Fire Department
Farmers Union Ditch Company
Idaho Transportation Department
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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Estate Residential
A single family residential area transitioning between agriculture and conventional residential
uses. Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and
horticulture uses are encouraged. Density may be limited due to the limited availability of
infrastructure and roadway capacity.
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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.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was
approved by the city with a development agreement. Specific provisions, as may have been
incorporated within the development agreement, are applicable to development within this
zoning designation.
C. DISCUSSION:
• The applicant is requesting annexation and rezone of the property to facilitate a parcel division
(PD -02-17). The parcel division record of survey (ROS), date stamped by the city on November
30, 2017, shows a shared access easement providing access from West Beacon Light Road to
the existing parcel, the proposed new parcel, and two parcels to the south. The applicant is
requesting that the gravel driveway contained within the existing access easement be permitted
to be utilized until the redevelopment of any of the four properties currently utilizing the
driveway.
• In regard to the parcel division application (PD -02-17), the applicant should be required to
address all site specific conditions of approval and standard conditions of approval of the parcel
division application and present a mylar ready for signature by the City Clerk prior to the
adoption of an ordinance for annexation and rezone of the property.
• The existing single-family dwelling appears to be located within the required front yard setback
for the R -E zone. The existing structure is recognized as a nonconforming use, and may be
allowed to exist as -is through the approval of the development agreement. Any new
construction on the parcel identified as "Parcel A" on the parcel division Record of Survey
should conform to the setbacks of the R -E zone.
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 -DA
(Residential -Estates with a development agreement) with conditions to be placed within a development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
5, 2018, 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.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two (2) individual (other than the applicant/representative) with the following comments:
• The proposal would help maintain the rural feel of the Beacon Light Road area.
D. Oral testimony neither in favor nor in opposition to the application was presented to the Planning and
Zoning Commission by one individual with the following concerns:
• Buffering should be required adjacent to the new parcel.
COMMISSION DELIBERATION: (Granicus time 1:52:38)
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 5 to 0 to recommend approval of A-03-17 & RZ-07-17 for an annexation and rezone
from RUT to R -E -DA for Ryan Wilhite with the staff recommended conditions to be placed within a
development agreement as provided within their findings of fact and conclusions of law document, dated
February 20, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 13, 2018, 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 the City Council by one (1) individual (other
than the applicant/representative) who indicated:
• The proposal would help maintain the rural feel of the Beacon Light Road area.
D. Oral testimony neither in favor of nor in opposition to the application was presented by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-03-17 & RZ-07-17 for an annexation and rezone from RUT to R -E-
DA for Ryan Wilhite, with the following Planning and Zoning Commission recommended conditions 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, 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 within 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.
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3.3 The existing single-family dwelling is recognized as a non -conforming use, and shall be allowed
to exist as -is. Any new construction on the Property shall conform to the dimensional standards of
the R -E (Residential -Estates) zone.
3.4 The gravel driveway contained within the existing access easement adjacent to the western property
line is permitted to be utilized by the two parcels created by PD -02-17, and the two parcels created
by PD -01-16, until the redevelopment of any of the four properties currently utilizing the driveway.
3.5 Owner shall address all site specific conditions of approval and standard conditions of approval of
the parcel division application (PD -02-17) and present a mylar ready for signature by the City Clerk
prior to the adoption of an ordinance for annexation and rezone of the Property.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-03-17 & RZ-07-17) 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 Estate 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 exist, or are expected to be provided, to serve all
uses allowed on this property under the proposed zone;
c. The proposed R -E -DA (Residential -Estates with a development agreement) zone is compatible
with the A -R -DA (Agricultural -Residential with a development agreement) zone and land use to
the north since that area is located across West Beacon Light Road and is a similar land use;
d -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 uses to the
south, east and west, since those properties contain similar land uses;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan;
h. The existing house on the Property is located within the required front yard setback and is
considered a non -conforming use, however, Conditions of Development have been included within
the development agreement to address the continuation of the nonconforming use.
DATED this 27th day of March, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
tan Ridge ayor
ATTEST:
JSharon . Bergmann, , Eagle City Clerk
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