Findings - CC - 2024 - RZ-08-23 - Rezone from A-R [Agricultural-Residential] to R-E [Residential-Estates] 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 ROBERT WEST )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-23
The above-entitled rezone application came before the Eagle City Council for their action on December
12, 2023, 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:
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.
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
November 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 November 22,
2023. The site was posted in accordance with the Eagle City Code on December 1,2023.
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 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:
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 as provided within their findings of fact and conclusions of law document,
dated November 20,2023.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record https://eagle-
id.granicus.com/player/clip/1811 [Granicus time 1:00:38]):
A. A public hearing on the application was held before the Eagle City Council on December 12,2023,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 the application was presented to the City Council by three (3) individuals
(not including the applicant/representative)who indicated the following:
• The owner of the property should be permitted to do what he is requesting. It is a reasonable
request,and the site will still have large lots.
• The applicant is splitting the property to allow for his family to construct a new home so he can
raise his family and his grandchildren could visit.
C. Oral testimony in opposition to the application was presented to the City Council by six (6)
individuals who indicated concerns with the following:
• Allowing for the rezone will reduce the agricultural nature of the neighborhood, as well as open
the door for other neighbors to make the same request.
• The application violates the comprehensive plan.
• If the application is approved,it will damage the property rights of the adjoining property owners.
• If the application is approved,the property values of the surrounding properties will be reduced.
• The requested waiver requiring the property to be served by central water should not be granted.
• The allowance of an additional residence within the property will negatively impact the adjacent
neighbor's privacy.
• The fire department conditions of approval associated with the application should not be waived.
• If the Eagle City Code requirements associated with central water and sewer are waived it will set
a precedent that will increase density and negatively impact the original design of the subdivision.
D. Oral testimony neither in favor of nor in opposition to the application was provided to the City Council
by one (1) individual who indicated that constructing an accessory dwelling unit would be a better
option since accessory dwelling units are permitted within the city.
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COUNCIL DECISION:
The Council voted 2 to 2 (Gindlesperger,Russell in favor) (Baun, Pike against) (Mayor Pierce voted aye)
to deny RZ-08-23 for a rezone from A-R(Agricultural-Residential) to R-E-DA (Residential-Estates with
a development agreement) for Robert West.
CONCLUSIONS OF LAW:
1. The Council 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 based
upon the information provided concludes that the proposed rezone with development agreement is not
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The proposed rezone is not in accordance with the Comprehensive Plan and established goals and
objectives because the proposed rezoning of the property from A-R (Agricultural-Residential) to
R-E-DA(Residential-Estates with a development agreement) is not in accordance with Chapter 2
— Property Rights addressed within the comprehensive plan. As described within Section 2.1
Background of the comprehensive plan, property rights must balance the individual's desire to
"do whatever I want with my land" with a respect for the property rights of neighboring owners.
Section 2.3(B) Objectives of the comprehensive plan states, "Property rights of landowners shall
be protected from arbitrary and discriminatory actions." The protections of the landowners are
inclusive of not only the applicant, but those protections are also inclusive of the surrounding
property owners as well. In this case, the surrounding property owners voiced concerns regarding
the adverse effect on their property rights due to compatibility, increase of density negatively
impacting their property values, privacy, and destroying the agricultural feel of the community;
therefore,the Council determined the rezone should not be granted;
b. The information provided by the agencies having jurisdiction over the public facilities needed for
this site indicates that public facilities would only be provided to the site at the expense of the
applicant. The Council determined that due to the proposed increase of density the street should
be widened, and central services should be required; therefore, the applicant's request to waive
those requirements based on cost is not supported by the Council.
DATED this 9th day of January 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Id hn
Jat Pie ce,Mayor OF F E,q
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"Regulatory Taking Notice: In accordance with'�estiort•b'7-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis"
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