Findings - CC - 2018 - A-04-18 & RZ-16-18 - Annexation And Rezone Of 2741 North Anacortes LaneBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION AND REZONE
FROM RUT (RURAL -URBAN TRANSITION)
TO A -R (AGRICULTURAL -RESIDENTIAL)
FOR BRIAN BAILEY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-04-18 & RZ-06-18
The above -entitled annexation and rezone applications came before the Eagle City Council for their action
on July 24, 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:
Brian Bailey, represented by Marlo MacKay with RSI Construction, is requesting an annexation
and rezone from RUT (Rural -Urban Transition — Ada County designation) to A -R (Agricultural -
Residential). The 5 -acre site is located on the south side of West Beacon Light Road at the
southwest corner of the intersection of West Beacon Light Road and North Anacortes Lane at 2741
North Anacortes Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Monday, April 30, 2018, on site in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on May 9, 2018.
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 June 1, 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 May 29, 2018. The site was posted in
accordance with the Eagle City Code on June 5, 2018. Requests for agencies' reviews were
transmitted on May 14, 2018, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the applications 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 5, 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 June 28, 2018. The site was posted in accordance with the
Eagle City Code on July 11, 2018.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estate Residential RUT (Rural -Urban Transition — Single-family dwelling
Ada County Designation)
Proposed No Change A -R (Agricultural -Residential) No Change
North of site Agriculture/Rural RUT (Rural -Urban Transition — Single-family dwelling
Ada County Designation) (Eagle Pines Subdivision)
South of site Estate Residential MU -DA (Mixed Use with a Vacant parcel
development agreement)
East of site Estate Residential R -E (Residential -Estates) Single-family dwellings
(Venice Subdivision)
West of site Estate Residential
R -E (Residential -Estates) Single-family dwellings
(Lighthouse 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 May 9, 2018 (attached to the staff
report).
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
There is no central sewer or central water located in proximity to the site.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. SPECIAL ON-SITE FEATURES:
J.
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — in proximity to existing residence
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — Unknown
Wildlife Habitat — Unknown
M. NON -CONFORMING USES: None are apparent on the site.
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N. 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
Andeavor
Boise River Flood Control District No. 10
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
O. 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 November 14, 2017) designates this site as
Compact Residential.
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.
B. ZONING CODE 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:
A -R AGRICULTURAL -RESIDENTIAL DISTRICT: To provide for the transition of agricultural
land no longer used for extensive agricultural purposes into residential areas, while preserving
agricultural uses compatible with residential development. Gross density shall not exceed one
single-family dwelling unit per five (5) acres.
C. DISCUSSION: None
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 A -R (Agricultural -
Residential).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 18,
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.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
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COMMISSION DELIBERATION: (Granicus time 9:30)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The applicant is not proposing to develop the property, therefore, there will be no impact to the adjacent
neighbors.
• The requested zoning of A -R (Agricultural -Residential) is in conformance with the comprehensive
plan.
COMMISSION DECISION:
The Commission voted 3 to 0 (Wright and McLaughlin absent) to recommend approval of A-04-18 & RZ-
06-18 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to A -R
(Agricultural -Residential) for Brian Bailey as provided within their findings of fact and conclusions of law
document, dated July 16, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 24, 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 no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-04-18 & RZ-06-18 for an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to A -R (Agricultural -Residential) for Brian Bailey, 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-04-18 & RZ-06-18) 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 A -R (Agricultural -Residential) 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 including an on-site well and septic system,
or are expected to be provided, to serve the uses currently located on this property under the
proposed zone;
c. The proposed A -R (Agricultural -Residential) zone is compatible with the RUT (Residential -Urban
Transition — Ada County Designation) zone and land use to the north since the minimum lot size
within an A -R (Agricultural -Residential) zone is comparable in size to the minimum lot;
d. The proposed A -R (Agricultural -Residential) zone is compatible with the R -E (Residential -Estates)
zone and land uses to the east and west since those areas contain single-family dwellings located
within subdivisions that were developed in conformance with the Estate Residential comprehensive
plan designation;
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e. The proposed A -R (Agricultural -Residential) zone is compatible with the R-1 (Residential — Ada
County designation) zone and land use to the south since that area is developed with a lot which is
1 .9 -acres in size and contains a single-family dwelling;
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 14th day of August, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada .unty, Idah
Stan Ridgeway, Mayor
ATTEST:
haron K. Bergmann, Eagle C Clerk
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