Findings - CC - 2019 - RZ-14-18 - Rezone From Ar To R-EORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM A -R (AGRICULTURAL -
RESIDENTIAL) TO R -E (RESIDENTIAL -ESTATES)
FOR SLN PLANNING
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-14-18
The above -entitled rezone application came before the Eagle City Council for their action on February 12,
2019, 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:
SLN Planning, represented by Shawn Nickel, is requesting a rezone from A -R (Agricultural -
Residential) to R -E (Residential -Estates). The 4.33 -acre site is located on the north side of West
Floating Feather Road approximately 440 -feet east of the intersection of North Meridian Road and
West Floating Feather Road at 2924 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Tuesday, October 30, 2018, at 247 North Eagle
Road 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 December 20, 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 December 17, 2018. The site was
posted in accordance with the Eagle City Code on December 19, 2018. Requests for agencies'
reviews were transmitted on November 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
January 25, 2019. 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 22, 2019. The site was posted in
accordance with the Eagle City Code on February 1, 2019.
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:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN ZONING
DESIGNATION DESIGNATION
Large Lot Residential
No Change
Large Lot Residential
Large Lot Residential
Large Lot Residential
Large Lot Residential
A -R (Agricultural -Residential)
R -E (Residential -Estates)
RUT (Rural -Urban Transition
— Ada County Designation)
R-1 (Residential) and RUT
(Rural -Urban Transition — Ada
County Designation)
R -E -DA (Residential -Estates
with a development
agreement)
RUT (Rural -Urban Transition
— Ada County Designation)
LAND USE
Single-family dwelling
Future parcel division
Single-family dwelling
Single-family dwellings
(Colony II Subdivision
and unplatted parcel)
Single-family dwelling
(Pumpkin Patch
Subdivision)
Single-family dwelling
(Lighthouse Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 4.33 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on November 9, 2018 (attached to the
staff report.)
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
There is no central sewer and central water located within West Floating Feather Road in
proximity to the site.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — in proximity to the existing residence and adjacent to the driveway
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — Unknown
Wildlife Habitat — Unknown
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M. NON -CONFORMING USES: None are apparent on the site.
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:
Andeavor
Eagle Fire Department
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.
Large Lot Residential
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities
higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land
uses in this category will tend to appear as suburban large lot and generally less agrarian than the
Estate Residential and Agricultural/Rural designations.
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:
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 indicated within the provided narrative, date stamped by the City on November 9,
2018, a request to rezone the property to R -E (Residential -Estates) to allow the 4.33 -acre property
to be split into two (2) parcels as part of a Parcel Division application. Pursuant to Eagle City Code
Section 8-2-4, the minimum lot size within the R -E (Residential -Estates) zoning designation is 1.8 -
acres. Based on the minimum lot size associated with the R -E (Residential -Estates) zoning
designation, a parcel division of the subject property could be achieved.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested rezone
from A -R (Agricultural -Residential) 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 January
7, 2019, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who requested clarification regarding the requested
zone and allowed uses.
COMMISSION DELIBERATION: (Granicus time 12:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The requested zoning designation is in conformance with the Large Lot designation as identified in the
comprehensive plan.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-14-18 for a rezone from A -R (Agricultural -
Residential) to R -E (Residential -Estates) for SLN Planning as provided within their findings of fact and
conclusions of law document, dated February 4, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 12, 2019, 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 RZ-14-18 for a rezone from A -R (Agricultural -Residential) to R -E
(Residential -Estates) for SLN Planning, as shown on Exhibit "A" attached hereto.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-14-18) 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 (Residential -Estates) is consistent with the Large Lot
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 to serve all uses allowed on this property
under the proposed zone;
c. The proposed R -E (Residential -Estates) zone is compatible with the RUT (Residential -Urban
Transition — Ada County Designation) zone and land use to the north since that area contains a
single-family dwelling and may be developed in a matter which is compatible with the subject
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property;
d. The proposed R -E (Residential -Estates) zone is compatible with the R-1 (Residential) and RUT
(Residential -Urban Transition — Ada County Designation) zones and land use to the south since
that area contains a residential subdivision (Colony II Subdivision) containing lots smaller in size
than the minimum lot size permitted with the requested R -E (Residential -Estates) zone and a
single-family dwelling located within an unplatted parcel which is also smaller in size than the
minimum lot size permitted within the requested R -E (Residential -Estates) zone;
e. The proposed R -E (Residential -Estates) zone is compatible with the R -E -DA (Residential -Estates)
and zone and land uses to the east since that area contains a single-family dwelling located within
a subdivision that was developed in conformance with the Large Lot Residential comprehensive
plan designation;
f. The proposed R -E (Residential -Estates) zone is compatible with the RUT (Residential -Urban
Transition — Ada County Designation) zone and land use to the west since that area contains a
single-family dwelling located within an unplatted parcel which is smaller in size than the
minimum lot size permitted within the requested R -E (Residential -Estates) zone;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone.
DATED this 26th day of February, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City CI: rk
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