Findings - CC - 2019 - A-01-19 & RZ-04-19 - Annex/Rezone Of Lot 1, Blk 1, Garrigan Estates From Rr To RedaBEFORE THE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION AND REZONE
FROM RR (RURAL RESIliENTIAL) TO
R -E -DA (RESIDENTIAL -ESTATES WITH
A DEVELOPMENT AGREEMENT) AND
A DEVELOPMENT AGREEMENT
MODIFICATION FOR GEORGE P. BRECHT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-01-19 & RZ-04-19
The above -entitled annexation and rezone applications came before the Eagle City Council for their action
on August 27, 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:
George P. Brecht is requesting an annexation and rezone with development agreement of Lot 1,
Block 1, Carrigan Estates Subdivision, from RR (Rural Residential — Ada County designation) to
R -E -DA (Residential -Estates with a development agreement) and a development agreement
modification associated with Lot 6, Block 1, Carrigan Estates Subdivision No. 2. The 3.15 -acre
site (consisting of Lot 1, Block 1, Carrigan Estates Subdivision and Lot 6, Block 1, Carrigan Estates
Subdivision No. 2) is located on the north side of West Homer Road between North Hawkcrest
Lane and North Hawk Wing Lane at 4830 and 4878 North Hawk Wing Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 5:00 PM, on Tuesday, February 26, 2019. A second
Neighborhood Meeting was held on site at 6:00 PM, on Monday, June 17, 2019, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item were
received by the City of Eagle on March 26, 2019.
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 June 14, 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 June 13, 2019. The site was posted in
accordance with the Eagle City Code on June 20, 2019. Requests for agencies' reviews were
transmitted on April 1, 2019, in accordance with the requirements of the Eagle City Code.
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 August 10,
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 August 10, 2019. The site was posted in accordance with the Eagle
City Code on August 15, 2019.
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D. HISTORY OF RELEVANI' PREVIOUS ACTIONS:
The final plat for Carrigan Estates Subdivision was recorded at the Ada County Clerk's Office on
August 26, 1999.
On December 15, 2015, the City Council approved an annexation, rezone with development
agreement, and combined preliminary and final plat for George and Leigh Brecht (A-04-15/RZ-
09-15 & PP/FP-01-15).
On January 10, 2017, the City Council approved an extension of time of the preliminary plat for
Carrigan Estates Subdivision No. 2, to be valid until January 12, 2018, for George and Leigh Brecht
(EXT -13-16).
On March 2, 2017, the Carrigan Estates Subdivision No. 2 final plat was recorded at the Ada
County Recorder's Office (Instrument #2017-018300).
E. COMPANION APPLICATIONS:
Lot Line Adjustment to remove the lot line separating Lot 1, Block 1, Carrigan Estates Subdivision
and Lot 6, Block 1 Carrigan Estates Subdivision No. 2 (LLA -06-19).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G
H
I.
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Agriculture/Rural
No Change
Agriculture/Rural
Large Lot
Agriculture/Rural
Agriculture/Rural
ZONING LAND USE
DESIGNATION
RR (Rural Residential — Ada
County designation) and R-
E -DA (Residential -Estates
with a Development
Agreement)
R -E -DA (Residential -Estates
with a Development
Agreement)
RR (Rural Residential — Ada
County designation)
RUI' (Rural -Urban Transition
— Ada County designation)
RR (Rural Residential — Ada
County designation)
R -E -DA (Residential -Estates
with a Development
Agreement)
Vacant non -buildable lot
and single-family residence
No change
Single-family residences
(Carrigan Estates
Subdivision)
Single -Family Residence
and Agriculture
Vacant parcel
Vacant lot (Carrigan
Estates Subdivision No. 2)
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
TOTAL ACREAGE OF SITE: 3.15 -acres
APPLICAN'I"S STATEMEN'I' OF JUSTLhICATION FOR THE REZONE:
See applicant's narrative (attached to the staff report), date stamped by the City on March 26, 2019.
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J. APPLICAN 1'S STATEMENT OF JUST1FTCATION OF A DEVELOPMENT AGREEMEN 1:
See applicant's narrative (attached to the staff report), date stamped by the City on March 26,
2019.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is located within the Star Fire Protection District. The existing home is served by a
potable well and septic system.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-Sri FEAlURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes, located in proximity to the existing residence
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — No
Wildlife Habitat — Unknown
N. NON -CONFORMING USES:
Upon annexation and as required within the development agreement, the applicant will record a lot
line adjustment (LLA -06-19) to consolidate the two (2) lots into one parcel consisting of 3.15 -acres
in size which exceeds the minimum lot size of 1.8 -acres required within the R -E (Residential -
Estates) zoning designation.
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:
City Water Superintendent: Email dated April 1, 2019 (attached to the staff report), indicating the
property is located within the City of Eagle water service area and that a water line is located
adjacent to Lanewood Road approximately 1/4 miles south of the subject site.
Andeavor
Idaho Transportation Department
Star Fire Protection District
P. LE MRS H(OM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFi' ANALYSIS
PROVIDED WITHIN THE STAFF' REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
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AgriculturallRural
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 farm land. Rural uses are not amenity
based (sewer, water, schools) and are located away from good and services. These areas encourage the
keeping and raising of crops and/or 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 8-2-1: Districts Established, Purposes and Restrictions;
R -E RESIDENTIAL-ESTA'l'ES 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 is requesting an annexation and rezone with a development agreement of Lot 1, Block
1, Carrigan Estates Subdivision and a development agreement modification associated with Lot 6,
Block 1, Carrigan Estates Subdivision No. 2. The proposed use, as conditioned within the
development agreement, will not create a non -conforming use within the R -E (Residential -Estates)
zone since a lot line adjustment is required to ensure the 1 -acre parcel is combined with the 2.15 -
acre parcel to create a 3.15 -acre parcel which will be in conformance with the required 1.8 -acre
minimum lot size of the R -E (Residential -Estates) zoning designation. Upon annexation of Lot 1,
Block 1, Carrigan Estates Subdivision the applicant will record the lot line adjustment (LLA -06-
19) to consolidate the two (2) lots into a single -parcel of record. The applicant should address the
site specific conditions of approval of the lot line adjustment (LLA -06-19) and present a record of
survey mylar ready for signature by the City Clerk prior to the adoption of an ordinance for
annexation and rezone of Lot 1, Block 1. Carrigan Estates Subdivision.
• Plat note #10 of the Carrigan Estates Subdivision No. 2 final plat states, "Lot 6 is a non -buildable
lot to be maintained by its owner per City of Eagle requirement." Upon annexation and rezone of
Lot 1, Block 1, Carrigan Estates Subdivision, the applicant will record a lot line adjustment to
consolidate the two (2) lots into a single property which will contain the existing residential
dwelling currently located within Lot 1, Block 1, Carrigan Estates Subdivision. The development
agreement should contain a condition of development prohibiting any additional dwellings to be
constructed within the property.
• The Carrigan Estates Subdivision No. 2 recorded plat (Ada County instrument #2017-018300)
identifies a 215 -foot wide building setback easement (instrument #9009106) encroaching from the
eastern boundary line into Lot 6, Block 1. The development agreement should contain a condition
of development which states no structures should be constructed within the 215 -foot wide building
setback as identified on the Carrigan Estates Subdivision No. 2 final plat and the recorded building
setback document (instrument #9009106).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 1,
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 opposition to the application was presented to the Planning and Zoning Commission
by no one.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
COMMISSION DELIBERATION: (Granicus time 1:45:13)
Upon closing the public hearing, the Commission discussed during deliberation that:
• Supports the annexation and rezone to allow for the two (2) parcels to be combined into a single parcel.
• The proposed annexation and rezone is appropriate for the area based on the applicant is not requesting
to increase the density in the area; therefore, the requested zoning is in conformance with the
Comprehensive Plan.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-01-19 & RZ-04-19 for an annexation and rezone
from RR (Rural Residential) to R -E -DA (Residential -Estates with a development agreement) and a
development agreement modification associated with Lot 6, Block 1, Carrigan Estates Subdivision No. 2
for George P. Brecht with conditions to be placed within a development agreement as provided within their
findings of fact and conclusions of law document, dated August 5, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 27, 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 A-01-19 & RZ-04-19 for an annexation and rezone from RR (Rural
Residential) to R -E -DA (Residential -Estates with a development agreement) and a development agreement
modification associated with Lot 6, Block 1, Carrigan Estates Subdivision No. 2 (as shown on Exhibit "A")
for George P. Brecht, with the following Planning and Zoning Commission recommended conditions to be
placed within a development agreement, with underline text to be added by the Council:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, the 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 with this Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines 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.
3.3 The Owner shall address the site specific conditions of approval of the lot line adjustment (LLA -06-
19) and present a record of survey mylar ready for signature by the City Clerk prior to the adoption
of an ordinance for annexation and rezone of Lot 1, Block 1, Carrigan Estates Subdivision.
3.4 No additional dwelling units shall be constructed on the Property. Accessory structures may be
constructed on the Property.
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3.5 No structures shall be constructed within the 215 -foot wide building setback as identified on the
Carrigan Estates Subdivision No. 2 final plat and the recorded building setback document (instrument
#9009106).
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-01-19 & RZ-04-19) 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 upon
annexation 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 -Estates with a development agreement)
is consistent with the Agriculture/Rural designation as shown on the Comprehensive Plan Land
Use Map since the development agreement will prohibit additional dwellings from being
constructed on the property; therefore, maintaining the density at one unit/five acres;
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 R -E -DA (Residential -Estates with a development agreement) zone is compatible
with the RR (Rural Residential — Ada County designation) zone and land use to the north since that
area contains two (2) single-family lots with residential dwellings;
d. The proposed R -E -DA (Residential -Estates with a development agreement) zone is compatible
with the RU 1 (Rural -Urban Transition — Ada County designation) zone and land use to the south
since that area may be developed with a subdivision with similar density;
e. The proposed R -E -DA (Residential -Estates with a development agreement) zone is compatible
with the RR (Rural Residential — Ada County designation) zone and land use to the east since that
area may be developed with a subdivision with a similar density;
f. The proposed R -E -DA (Residential -Estates with a development agreement) zone is compatible
with the R -E -DA (Residential -Estates with a development agreement) zone and land use to the west
since that area contains a buildable lot for a residential dwelling;
The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan, however, in the event the lot is developed with an accessory
structure, the lot owner will be required to address any hillside grading concerns prior to the
issuance of a building permit;
h. The proposed use, as conditioned within the development agreement, will not create a non-
conforming use within the R -E (Residential -Estates) zone since a lot line adjustment is required to
ensure the 1 -acre parcel is combined with the 2.15 -acre parcel to create a 3.15 -acre parcel which
will be in conformance with the required 1.8 -acre minimum lot size of the R -E (Residential -Estates)
zoning designation. Also, the development agreement will prohibit additional residential dwellings
from being constructed on site.
g.
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DATED this 10th day of September, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
C"
Sharon . Bergmann, Eagle City Cler
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r
Ada County Assessor
•
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SITE
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