Findings - CC - 2024 - RZ-12-18 MOD - Rezone from R-E-DA-P to A-R-DA and a Development Agreement Modification BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM R-E-DA-P [RESIDENTIAL- )
ESTATES WITH A DEVELOPMNT AGREEEMENT )
-PUN TO A-R-DA [AGRICULTURAL-RESIDENTIAL )
RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT] AND A DEVELOPMENT AGREEMENT )
MODIFICATON FOR STEVE BRUNEEL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-18 MOD
The above-entitled rezone and development agreement modification application came before the Eagle
City Council for their action on June 11, 2024, 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:
PROJECT SUMMARY:
A. Steve Bruneel, represented by Tamara Thompson with The Land Group Inc., is requesting a
development agreement modification and a rezone from R-E-DA (Residential-Estates with a
development agreement) to A-R-DA (Agricultural-Residential with a development agreement)
for Lots 4 and 5 (approximately 30-acres)(Lots 1,2,and 3 will remain R-E-DA). The applicant is
requesting a development agreement modification to update the concept site plan and conditions
of development associated with the rezone and vineyard, winery, and live entertainment events.
The 39-acre site is located on the northeast corner of West Homer Road and North Gooder John
Lane at 4952 North Gooder John Lane(Lots 1,2, 3,4, 5,and 6,Block 1,Bruneel Subdivision).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site from 6:15 PM to 7:00 PM,Wednesday,June 28,2023,
in compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on November 2, 2023. A revised narrative for this
item was received by the City of Eagle on March 27,2024.
C. NOTICE OF PUBLIC HEARING:
Request for agencies' reviews were transmitted on November 21, 2023, in accordance with the
requirements of the Eagle City Code.Notice of this public hearing was mailed to property owners
in accordance with the requirements of Title 67, Chapter 65, Idaho Code, and the Eagle City
Code on April 17,2024. The site was posted in accordance with the Eagle City Code on April 26,
2024. 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 April 19,2024.
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
May 24, 2024. Notice of this public hearing was mailed to property owners in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 24, 2024.
The site was posted in accordance with the Eagle City Code on June 3,2024.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 27, 2019, the City Council approved an annexation, a rezone from RR (Rural-
Residential — Ada County designation) to R-E-DA (Residential Estates with a development
agreement) and a combined preliminary plat/final plat for Bruneel Subdivision (aka Gooder John
Subdivision)(A-07-18/RX-12-18&PP/FP-02-18).
E. COMPANION APPLICATIONS:
Conditional Use Permit Application,date stamped by the City on November 2,2023 (CU-11-23).
Vacation Application,date stamped by the City on November 2,2023 (VAC-03-2023).
Lot Line Adjustment Application,date stamped by the City on November 2,2023 (LLA-09-23).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Agricultural/Rural R-E-DA(Residential Residential Subdivision
Estates with a (Bruneel Subdivision aka
development agreement) Gooder John)
Proposed No Change A-R-DA(Agricultural- Vineyard,winery,and
Residential with a live entertainment events
development agreement)
North of Agricultural/Rural R-E-DA(Residential- Single-Family Residence
site Estates with a
development agreement)
South of site Agricultural/Rural R-E-DA(Residential- Agricultural/Vacant
Estates with a
development agreement)
East of site Agricultural/Rural R-E-DA(Residential- Residential Subdivision
Estates with a (Garrigan Estates No. 2)
development agreement)
West of site Agricultural/Rural R-E-DA(Residential- Single-Family Residence
Estates with a
development agreement)
*A portion of the site proposed to be rezoned
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 39 acres.
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APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's revised narrative date stamped by the City on March 27, 2024 (attached to the
staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's revised narrative date stamped by the City on March 27, 2024 (attached to the
staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Star Fire Protection District. The residential lots will be served
by individual wells and septic systems.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
M. NON-CONFORMING USES:None.
N. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Eagle Historic Committee
Flood Control District#10
Idaho Department of Fish and Game
Idaho Transportation Department
O. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Marty Telford,dated April 23,2024.
Letter received from Kim Giannecchini and Pat Coleman, date stamped by the City on April 25,
2024.
Email correspondence received from Patrick Declusin,dated April 26,2024.
Email correspondence received from Bill and Helsi Winterburn,dated May 13,2024.
Email correspondence received from Brandt Himler,dated June 4,2024.
Letter received from Barb Jekel,date stamped by the City on June 4,2024.
Email received from Melinda and Andrew Merrett,dated June 4,2024.
Email received from Patricia Shosted,dated June 4,2024.
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:
• Eagle City Comprehensive Plan: Land Use Map Designations
Agriculture/Rural:
Suitable for parcels that are 5 acres or larger in size may include active agriculture,
viticulture, equestrian, and estate or large lot residential. Uses include low-density housing
with significant spaces between homes that are close to native open space and active
farmland. Rural uses are not amenity-based (sewer, water, schools) and are located away
from goods and services. These areas encourage the keeping and raising of crops and/or
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animals and do not necessarily include manicured yards, sidewalks, bike paths, or planned
park and recreation facilities. 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 8-1-2: Rules&Definitions:
Live Entertainment Events:
Temporary concerts and other cultural events lasting less than seven (7) days or ongoing
occasional events such as barn dances, square dances, weddings and receptions; temporary
events such as corn mazes, hayrides,retail pumpkin patches and petting zoos lasting less than
forty-five(45)days per calendar year.
Vineyard:
A property in agriculture that is five (5) acres in size or greater, used for the purpose of
growing and cultivating grapevines.
Winery:
An establishment for the manufacture or bottling of wine. A winery may include, but is not
limited to, the following: a tasting room, barrel rooms, bottling rooms, tank rooms,
laboratories,sale of wine,processing structure,and offices.
• Eagle City Code, Section 8-1-2: Rules&Definitions:
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.
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.
DA DEVELOPMENT AGREEMENT:
This designation, following any zoning designation noted on the official zoning map of the
city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development
agreement. Specific provisions, as may have been incorporated within the development
agreement,are applicable to development within this zoning designation.
C. DISCUSSION:
• The applicant is requesting Lots 4 and 5 (approximately 30-acres) to be rezoned from R-E-
DA (Residential-Estates with a development agreement) to A-R-DA (Agricultural-
Residential with a development agreement) to permit a vineyard, winery, and live
entertainment events use through a conditional use permit. Lots 1, 2, and 3 will remain R-E-
DA and currently, one single-family dwelling exists on Lot 5,Block 1, and crops exist on Lot
4,Block 1.
The applicant is also requesting a development agreement modification to update the concept
site plan and conditions of development associated with the rezone and vineyard,winery, and
live entertainment events use.
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• The conditional use permit application for Bruneel Vineyards (CU-11-23) (which is a
companion application to the associated requested rezone application), is to permit the uses
for a vineyard, winery, and live entertainment events such as holidays, business, office,
birthdays, wedding/engagement parties, meeting fundraisers, and concerts. The conditional
use permit is only eligible if the rezone is approved by the City Council
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 6,
2024, 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
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application 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 two(2)individuals who indicated they have no concern with the rezone.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided by the applicant. A summary of the deliberation can be found at the
following link(Granicus time: 00:41:50):
https://eagle-id.granicus.com/player/clip/1874?meta id=94519
COMMISSION DECISION:
The Commission voted 3 to 0 (McCauley and Smith absent) to recommend approval of RZ-12-18 MOD
for a development agreement modification and rezone of Lots 4 and 5,Block 1,Bruneel Subdivision from
R-E-DA-P (Residential-Estates with a development agreement — PUD) to A-R-DA (Agricultural-
Residential with a development agreement) with the requirement to provide a revised concept plan as
provided within their findings of fact and conclusions of law document,dated May 20,2024.
PUBLIC HEARING OF THE COUNCIL (Public Hearing AudioNideo Record [Granicus time
1:07:10] https://eagle-id.granicus.com/player/clip/1886?meta_id=96009)
A. A public hearing on the application was held before the Eagle City Council on June 11, 2024, 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 one(1)individual(not
including the applicant/representative)who indicated they support a viniculture use on the site.
C. Oral testimony in opposition to the application was presented to the City Council by one (1)
individual who indicated the master concept plan provided by the applicant is not supported by city
zoning on the property.Also,the site only has one(1)ingress/egress point,which is a safety issue.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by two(2)individuals who indicated the following:
• Vineyards are a prohibited use in a R-E(Residential-Estates)zoning designation.
• Why is a rezone required?
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COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-12-18 MOD for a development agreement modification and
rezone of Lots 4 and 5, Block 1, Bruneel Subdivision from R-E-DA-P (Residential-Estates with a
development agreement — PUD) to A-R-DA (Agricultural-Residential with a development agreement)
with the following Planning and Zoning Commission recommendation:
The applicant shall be required to provide a revised Concept Plan showing the language identifying the
building uses removed. The revised Concept Plan shall be provided prior to the City executing the
development agreement.
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this proposed rezone and development
agreement modification(RZ-12-18 MOD) in terms Eagle City Code Section 8-7-5 (F) (1)"Action by the
Commission and Council"and has made the following conclusions with regard to the proposed rezone:
A. The requested zoning designation of A-R-DA (Agricultural-Residential with a development
agreement) is consistent with the Residential Rural 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.The site will be served by an individual well and septic system;
C. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone is compatible
with the RR (Rural Residential— Ada County designation) zone and land use to the north and west
since those areas may be developed with a subdivision with a similar density;
D. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone is compatible
with the RUT (Rural-Urban Transition — Ada County designation) and R-E-DA-P (Residential-
Estates with a development agreement—PUD)zones and land use to the south since that area may be
developed with a subdivision with similar density;
E. The proposed A-R-DA (Agricultural-Residential with a development agreement) zone is consistent
with the R-E-DA (Residential-Estates with a development agreement) zone and land use to the east
since that area has been developed with lots of similar size;
F. The land proposed for rezone is located within a"Hazard Area"or"Special Area"as described within
the Comprehensive Plan due to the land being located upon a hillside. Prior to development of Lot 4,
Block 1, Bruneel Subdivision, the applicant is required to submit grading plans to be reviewed and
approved by the City Engineer. Upon approval of the grading plans, the land proposed for the rezone
will be in conformance with the Comprehensive Plan and Eagle City Code regarding hillside
development;and
G. No nonconforming uses are expected to be created with the rezone.
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DATED this 25th day of June, 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
B ike,Mayor
,,,,,,,,,II 11,,,,,,
ATTEST: .s` G *
'a/1171. ,,,,,,,,
Tracy E. Osbo gle City Clerk x I La t;,
,J J �,w
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