Findings - CC - 2023 - RZ-15-21 MOD - Rezone Development Agreement Modification BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE DEVELOPMENT )
AGREEMENTMODIFICATION FOR )
TRAVIS PERRY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-15-21 MOD
The above-entitled rezone development agreement modification application came before the City Council for
their action on August 22,2023,at which time public testimony was taken and the public hearing was closed.
The 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:
Travis Perry, represented by Rick Perez, is requesting a modification to the rezone development
agreement associated with Amberly Ranch Subdivision. The request is to reduce the required width
of the sidewalk located along West Beacon Light Road from 10-feet to 5-feet. The 11.8-acre site is
located on the southwest corner of West Beacon Light Road and N.Ballantyne Lane.
B. APPLICATION SUBMITTAL:
The rezone development agreement modification request was received by the City of Eagle on June
22,2023.
C. NOTICE OF PUBLIC HEARING:
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 July 21,2023.
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 July 21, 2023. The site was posted in
accordance with the Eagle City Code on August 11,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 8,2022,the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation)to R-E-DA(Residential-Estates with a development
agreement)and preliminary plat approvals for Amberly Ranch Subdivision,a 4-lot(3-buildable, 1-
private driveway),residential subdivision(A-10-21/RZ-15-21/PP-15-21).
On September 27,2022,the City Council approved a preliminary plat modification to remove the
requirement regarding central water(PP-15-21 MOD).
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E. 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
—Ada County designation) residential
Proposed Estate Residential (No R-E-DA(Residential-Estate Single family
change) with a development residential
agreement) subdivision
(Amberly Ranch)
North of site Agriculture/Rural RUT(Rural-Urban Transition Single family
—Ada County designation) residential
South of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
East of site Estate Residential R-E(Residential Estate) Single Family
Residential
West of site Estate Residential RUT(Rural-Urban Transition Single Family
—Ada County designation) Residential
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA,or DSDA.
G. TOTAL ACREAGE OF SITE: 11.81-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter, date stamped by the City on June 22, 2023, attached to the staff
report and incorporated herein by reference.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
J. AGENCY RESPONSES:
The following agencies previously responded to the original application for a comprehensive plan
map amendment, annexation, and rezone with development agreement(A-10-21/RZ-15-21/PP-15-
21)and their responses are attached to the staff report dated December 6,2021.
City Trails and Pathways Superintendent: An email was received on September 9,2021,stating there
were no pathway issues.
Ada County Development Services
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
K. LETTERS FROM THE PUBLIC:None received to date.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT :
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING THIS
PROPOSAL: (None).
C. DEVELOPMENT AGREEMENT PROVISIONS,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.9 A 10 foot wide sidewalk shall be constructed along the entire Beacon Light Road frontage and a 5
foot wide sidewalk shall be constructed along the Ballantyne Lane frontage prior to the City Clerk
signing the Amberly Ranch Final Plat.
D. DISCUSSION:
• The applicant is requesting a rezone development agreement modification to reduce the width of
the required sidewalk located adjacent to West Beacon Light Road. The applicant's request is to
reduce the previously approved sidewalk width from 10-feet to 5-feet.
The approved preliminary plat,date stamped by the City on November 10,2021,shows a 10-foot-
wide multi-use pathway located along West Beacon Light Road. Section L,On and Off-Site
Pedestrian/Bicycle Circulation,contained within the findings of fact and conclusions of law
(attached),states in part,"According to the preliminary plat date stamped by the City on November
10,2021,the applicant is proposing a 10 foot(10')wide detached sidewalk setback twelve feet(12
ft.)from the edge of the Beacon Light right-of-way to be located within the easement area.The
location will help to preserve the existing trees located on Lot 1."
Ada County Highway District submitted correspondence,date stamped by the City on November 3,
2021,indicating the Ada County Highway District Commission requests the City consider asking the
developer to construct a 10-foot-wide multi-use pathway instead of the 5-foot-wide detached concrete
sidewalk abutting the site on West Beacon Light Road.The Ada County Highway District staff report
contained a site specific condition of approval requiring the applicant to construct a 5-foot-wide
detached sidewalk located along West Beacon Light Road. Based on the Ada County Highway
District Commission's request,the City Council added condition of development#3.9 which required
the applicant to construct a 10-foot-wide sidewalk along the entire West Beacon Light Road frontage.
It should be noted that the Ada County Highway District has consistently been requiring 10-foot-
wide sidewalks within subdivisions being proposed along West Beacon Light Road. Also, prior to
purchasing the property,the applicant was aware of the condition of development(contained within
the executed development agreement) requiring a 10-foot-wide sidewalk along West Beacon Light
Road.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 22,2023,at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
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COUNCIL DECISION:
The Council voted 2 to 1 (Pike against,Baun absent)to approve RZ-15-2 1 MOD for a development agreement
modification for Travis Perry,to modify condition of development#3.9 with the following underline text to
be added by the Council and strike through text to be deleted by the Council:
3.9 A 5 4-0 foot wide sidewalk shall be constructed along the entire Beacon Light Road frontage and a 5
foot wide sidewalk shall be constructed along the Ballantyne Lane frontage prior to the City Clerk
signing the Amberly Ranch Final Plat.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-15-21 MOD)
development agreement modification 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
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-Estatse with Development Agreement)is
consistent with the Estate Residential designation as shown on the Comprehensive Plan Future Land
Use Map;
b. The development will be served by individual well and septic; information provided from the
agencies having jurisdiction over other public facilities needed for this site indicates 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 zoning district is compatible with the RUT (Rural-Urban Transition—Ada
County Designation)zone and land use to the north since that area has been developed with lots of
similar size;
d. The proposed R-E-DA zoning district is compatible with the RUT (Rural-Urban Transition—Ada
County Designation)zone and land use to the south since that area has been developed with lots of
similar size;
e. The proposed R-E-DA zoning district is compatible with the R-E(Residential-Estates)zone and land
use to the east;
f. The proposed R-E-DA zoning district is compatible with the RUT (Rural-Urban Transition—Ada
County Designation) zone and land use to the west since that area has been developed with lots of
similar size;
g. The proposed use, as conditioned within the development agreement, will not create any non-
conforming uses.
DATED this 12th day of September,2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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