Findings - PZ - 2023 - RZ-08-23 - Wehren Subdivision - West Rezone - 950 N Beverly Drive BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM A-R[AGRICULTURAL- )
RESIDENTIAL] TO R-E [RESIDENTIAL- )
ESTATES] FOR ROBERT WEST )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-23
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on November 6, 2023, 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:
Robert West is requesting a rezone from A-R (Agricultural-Residential) to R-E (Residential-
Estates). The 4.95-acre site is located on the east side of North Beverly Drive approximately 860-
feet south of the intersection of West Floating Feather Road and North Beverly Drive at 950
North Beverly Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the courtyard of the Eagle City Library at 6:00 PM, on
Wednesday, May 10, 2023, in compliance with the application submittal requirement of Eagle
City Code.The application for this item was received by the City of Eagle on August 25,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on August 25, 2023, 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 October 20, 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 October 20, 2023. The site was posted in accordance
with the Eagle City Code on October 26,2023.
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 Large Lot Residential A-R(Agricultural- Single-family residence
Residential)
Proposed No Change R-E(Residential-Estates) Re-subdivide the lot into
two(2)lots
North of site Large Lot Residential A-R(Agricultural- Single-family residence
Residential) subdivision(Wehren
Subdivision)
South of site Neighborhood R-1 (Residential)and R-2- Single-family residence
Residential and Large DA-P(Residential with a and common lot
Lot Residential development agreement— (Redwood Creek
PUD) Subdivision No. 2 and
Countryside Estates
Subdivision No.2)
East of site Large Lot Residential RUT(Rural-Urban Single-family residences
Transition—Ada County (Unplatted parcel and
designation)and R-1-DA Lions Gate Subdivision)
(Residential with a
development agreement)
West of site Large Lot Residential A-R(Agricultural- Single-family residence
Residential) (Wehren Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE:4.95-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's narrative, date stamped by the City on August 25, 2023 (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 August 25, 2023 (attached to the staff
report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The existing dwelling is served by an individual well and septic system. Emergency services are
provided by the Eagle Police Department and Eagle Fire Department.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
M. NON-CONFORMING USES:None.
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N. 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 existing residence
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—Yes—existing trees
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:
Ballentyne Ditch Company
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Historic Preservation Commission (HPC): All comments within the HPC email dated August 28,
2023,are of special concern(attached to the staff report).
P. LETTERS FROM THE PUBLIC(attached to the staff report):
Correspondence received from Del and Susie Dickerson,date stamped by the City on October 26,
2023.
Email correspondence received from Ed Salvi,dated October 26,2023.
Email correspondence received from Kelly Ford,dated October 27,2023
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:
The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the
following:
Large Lot
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.
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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:None.
PUBLIC HEARING OF THE COMMISSION (Public Hearing Audio/Video Record https://eagle-
id.granicus.com/player/clip/1799):
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 6, 2023, 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 the application was presented to the Planning and Zoning Commission by
three(3)individuals(not including the applicant/representative)who indicated the following:
• They are supportive of the applicant's private property rights to request rezoning their property.
• The existing subdivision is surrounded by subdivisions which are higher density.
• The proposed rezone will not change the character of the area.
• The proposed rezone and subsequent re-subdivision will not affect the existing irrigation since the
pasture area will be utilized to construct a new home;therefore,using less irrigation water.
• The Wehren Subdivision CC&Rs were written in the 70s and there is not a homeowner's
association to enforce the existing CC&Rs.
• The CC&Rs for Wehren Subdivision need to be amended to base a homeowner's association vote
on acres owned not the number of lots owned.
• In the event the property is rezoned and eventually subdivided it may increase the property values
of the adjacent properties.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by three(3)individuals who expressed the following concerns:
• When they purchased their lot, they felt that all the lots within their subdivision would remain a
minimum of 5-acres in size.
• If the 5-acre property is rezoned to allow for smaller lots, it will set a precedence which would
allow others with 5-acre properties to rezone their property.
• The existing subdivision is a unique subdivision within the area and should not be rezoned to
allow further subdivision of the lots.
• The proposed rezone and subsequent re-subdivision of the property will reduce the property value
of the surrounding lots.
• The rezone will allow changes to the subdivision which will detrimentally impact the adjacent
properties.
• In the event the subject lot was further subdivided it will affect the availability of irrigation to the
adjacent properties.
• Instead of rezoning the property the applicant should construct an accessory dwelling unit.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided. As part of the Commission's deliberation and in accordance with Eagle
City Code Section 8-10-1(B), the Commission indicated the applicant should be required to enter into a
development agreement. A summary of the deliberation can be found at the following link (Granicus
time:01:23:40):https://eagle-id.granicus.com/player/clip/1799
COMMISSION DECISION:
The Commission voted 3 to 2 (Wright and Guerber against) to recommend approval of RZ-08-23 for a
rezone from A-R (Agricultural-Residential) to R-E-DA (Residential-Estates with a development
agreement) for Robert West with the following conditions of development to be placed within a
development agreement:
3.1 The maximum density for the Property shall be.40 dwelling units per acre(2-single-family lots).
3.2 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.
3.3 The Concept Plan(Exhibit C), the City understands and agrees that certain changes in that concept
may occur. If the City determines, in its sole discretion, 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.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair of the pressurized irrigation facilities, fencing, and
amenities. The owner shall provide an operation and maintenance manual associated with the
pressurized irrigation facility, including the funding mechanism as an addendum to the CC&Rs
and the repair and maintenance requirement shall run with the land and that the requirement
cannot be modified ant that the homeowners association or other entity cannot be dissolved
without the express consent of the city.
(b) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules,regulations, laws and ordinances of
all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule,regulation,law or ordinance.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone(RZ-08-23)
in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and Eagle
City Code Section 8-10-1 (B) "Initiation Of Development Agreement" and based upon the
information provided concludes that the proposed rezone with development agreement is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The proposed rezone is in accordance with the Comprehensive Plan and established goals and
objectives because the proposed zoning designation of R-E-DA (Residential-Estates with a
development agreement) is in accordance with the land use designation of Large Lot Residential
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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
the proposed use on this property;
c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the A-R(Agricultural-Residential)zone and land use to the north since the lot to the north is
located within the same subdivision and the subject lot will only have one residence abutting the
property to the north. Also, the property to the north may be developed similar or with higher
density at a future date;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the R-1 (Residential) and R-2-DA-P (Residential with a development agreement — PUD)
zone and land use to the south since those areas contain residential subdivisions(Redwood Creek
Subdivision No. 2 and Countryside Estates Subdivision No. 2) which are developed with higher
density;
e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT(Rural-Urban Transition—Ada County designation)and R-1-DA(Residential with
a development agreement) zone and land uses to the east since a portion of the area to the east
contains a residential subdivision (Lions Gate Subdivision) with higher density and the other
parcel is a unplatted parcel containing a residence and accessory structures and may be developed
similar or with a higher density at a future date;
f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the A-R (Agricultural-Residential) zone and land use to the west since the property to the
wet contains a single-family dwelling and may be developed similar or with higher density at a
future date;
g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as
described within the Comprehensive Plan;
h. No nonconforming uses are expected to be created with this rezone.
DATED this 20th day of November 2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Chairman ,,,'',,
G��Y,OF F ,,�,• '•.
A EST: *.0RPO ';�
Tracy E. ti S Clerk � •
L .
• Op ID PLO,,,.
"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis"
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