Findings - CC - 2005 - A-4-04/RZ-6-04 - A/Rz From R4 To R-3-Da And Ps-Da
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF A CITY
INITIA TED APPLICATION
FOR ANNEXA nON AND REZONE
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-4-04 & RZ-6-04: SENORA CREEK SUBDIVISION
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on January 25, 2005. The 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:
The applicant is requesting approval of an annexation and rezone from R4 (Residential) to
R-3-DA (Residential with development agreement) and PS-DA (Public/Semi-Public with
development agreement). The site is generally located on the east side of Linder Road
approximately 2,000-feet north of State Highway 44.
B.
APPLICATION SUBMITTAL:
The application for this item was prepared by the City of Eagle on May 25, 2004.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on May 27, 2004 & June 1, 2004. 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 May 25, 2004. Requests for agencies' reviews were transmitted
on May 26, 2004, 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 25, 2004. 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 October 20,
2004.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 23, 2004, the Eagle City Council approved the portion of A-4-04 & RZ-6-
04 for the properties identified as: V AN TREECK, COPPER FEILD SUBDIVISION, SCHENK,
SEDONA CREEK SUBDIVISION.
E.
COMPANION APPLICATIONS: (none)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Residential Three R4 (Ada County zoning Senora Creek Residential
and Public/Semi Public designation) Subdivision infrastructure
Proposed No Change R-3-DA (Residential with Senora Creek Residential
development agreement) & Subdivision and future
PS-DA (Public/Semi Public school site
with development agreement)
North of site Residential Three R-2-DA (Residential with Copperfiled Residential
development agreement) Subdivision
South of site Residential Three R-2-DA (Residential with Sedona Creek Residential
development agreement) Subdivision
East of site Public/Semi Public PS (Public/ Semi Public) Eagle High School
West of site Residential Two RR (Rural Residential - Ada Agricu I tu rein on -developed
County zoning designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The Proposed zoning is consistent with the Soaring 2025 Comprehensive Plan and/or with
the existing uses on the property.
I.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): The property being annexed has remaining development potential. The City is
requesting a development agreement to ensure the development of the property is consistent with
the Comprehensive plan and vision of the City of Eagle.
J.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Water and Sewer service infrastructure has been installed within Senora Creek
Subdivision. Water service is being provided to the site by United Water and sewer
service is being provided by the Eagle Sewer District.
K.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L.
NON-CONFORMING USES: None are apparent on the site.
M.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
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Eagle Sewer District
N.
LETTERS FROM THE PUBLIC: None received to date.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
19,2004, at which time testimony was taken and the public hearing was continued to June 14,2004, to
June 28, 2004, to July 19,2004, and to August 2,2004. The Commission made their recommendation
at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals who felt that the development of the property compared to the larger area in the
vicinity was "piecemeal", the development was not creatively designed, there is a need to look at
connectivity, and the need to consider the effects of increased traffic on the roadways.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals (other than the applicant/representative) who felt the design of the subdivision was
appealing and are hopeful that the owner of this property and the properties to the north can resolve
long standing irrigation issues in an amicable manner.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bandy and Deckers absent) to recommend approval of A-4-04 &
RZ-6-04 as presented in the staff report, including the development agreements as presented.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 9, 2004, at which
time testimony was taken and the public hearing was continued to November 23, 2004, to December 7,
2004, to January 11,2005, and to January 25,2005, at which time the Council made their decision.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representati ve).
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-4-04 & RZ-6-04 (Senora Creek Subdivision and school
site) with the following conditions to be placed within a development agreement.
CONDITIONS OF DEVELOPMENT
2.1 Property 1, Property 2, and Property 3 are subject to the provisions of the development agreement
(instrument # 103206802) entered into between the undersigned and Ada County, dated December
10,2003. Property 4 is subject to the provisions of the development agreement (instrument #
104118194) entered into between the undersigned and Ada County, dated September 8,2004.
2.2 Property 1 shall be developed in accordance with the approval granted by Ada County for application
# 03-15-S/03-08-ZC/03-06-DA/03-13-PBA (Senora Creek Subdivision); Property 4 shall be
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developed in accordance with the approval granted by Ada County for application # 04-03-S/04-03-
ZC/04-02-DA/04-05-PBA (Senora Creek II Subdivision). The City of Eagle shall honor all
development approvals granted by Ada County for Senora Creek Subdivision and Senora Creek II
Subdivision and shall not seek to impose any additional subdivision requirements or subject the
development of Property 1 and Property 4, as approved by Ada County, to any standards or
regulations which are inconsistent with those under which said approvals were granted. It is
understood and agreed by the parties, however, that upon and after annexation, Property 1 and
Property 4 and the use thereof shall be subject to the general police power of the City of Eagle, to the
extent the exercise thereof shall not conflict with the provisions of this Development Agreement. The
building setbacks shall be those listed under Ada County Code Section 8-2B-2 for the R4 zone.
2.3 The common area and open space design for Property 1 and Property 4 shall be designed in
compliance with Eagle City Code Section 8-2A-7.
2.4 Property 2 and Property 3 do not have any vested development rights associated with the Ada County.
These two properties shall comply with all applicable Eagle City codes at the time a development
application is made to the City of Eagle.
2.5 Regarding Property 3, all buildings shall be designed in compliance with Eagle City Code Section 8-
2A - Design Review. Permitted architecture styles are specifically those shown within the Eagle
Architecture and Site Design Book (EASD Book). A design review application is required.
CONCULSIONS OF LAW: analysis is found in italics
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Soaring 2025 Comprehensive Plan designates this site as Residential Three.
2000 EAGLE COMPREHENSIVE PLAN
Chapter 1 Overview
1.1
City of Eagle Statement of Purpose
c. To ensure that the economy of the City of Eagle and its Impact Area are
protected and enhanced.
e.
To encourage urban and urban-type development within the incorporated city.
1.3
The City of Eagle Vision Statement
City of Eagle citizens envision their future town as a well-planned community that
encourages diversified living and housing opportunities, economic vitality that
offers jobs for residents, and places for people to recreate and enjoy Eagle's
natural beauty.
Chapter 3
Population
3.3
Objective
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To plan for anticipated populations and households that the community can
support with adequate services and amenities.
B.
ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code § 1-10-2 Annexations:
Whenever any land lying contiguous or adjacent to the city shall be or shall have
been laid off into lots or blocks containing not more than five (5) acres of land in
each when lawfully subdivided or platted or not; or whenever any person has sold
or begun to sell such contiguous or adjacent lands in tracts not exceeding five (5)
acres; or whenever the owner or his agent on such contiguous and adjacent lands
shall request annexation in writing to the council, the city council, by ordinance,
may declare the same, by proper legal description, a part of the city; provided, that
a showing must be made that the area to be annexed can reasonably be used for
orderly development of the city and not connected to the city only by a shoestring
or strip of land upon a public highway.
Consent to annexation have been provided by the property owners and are
available in the file. The subject properties are contiguous to the City limits.
.
Eagle City Code §4-8-1 Fire Protection:
Eagle fire protection district is designated as the one and only official fire
protection entity for the city. Pursuant to Idaho Code section 31-1429 (1996) the
city hereby consents that all areas within the city limits, as such may be designated
from time to time, be included within the limits of the Eagle fire protection
district.
.
Eagle City Code §8-7-5 (A) Amendments:
Whenever the public necessity, convenience, general welfare or good zoning
practices require, the council may, by ordinance after receipt of recommendation
thereon from the commission and subject to procedures provided by law, amend,
supplement, change or repeal the regulations, restrictions and boundaries or
classification of property.
Planning and Zoning Commission hearing dated August 2, 2004.
.
Eagle City Code §8-7-5 (D) General Procedure For Amendments: Zoning districts shall be
amended in the following manner:
1. Request for an amendment to this title shall be submitted by the commission
which shall evaluate the request to determine the extent and nature of the
amendment requested.
Planning and Zoning Commission hearing dated August 2, 2004.
2. If the request is in accordance with the adopted comprehensive plan, the
commission may recommend and the council may adopt or reject the amendment
under the notice and hearing procedures as herein provided.
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City Council public hearings: November 9, 2004, November 23, 2004. December
7, 2004, January 11, 2005, and January 25, 2005
c.
IDAHO CODE SECTIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Idaho Code §50-222 (2) General Authority:
Cities have the authority to annex land into a city upon compliance with the
procedures required in this section.
Consent to annexation provided by the property owners.
.
Idaho Code §50-222 (3) (a) Category A:
Annexations wherein all affected private landowners raise no objection to annexation,
or annexations of any residential enclaved lands of less that [than] one hundred (100)
privately-owned parcels, irrespective of surface area.
Consent to annexation provided by the property owners.
.
Idaho Code §50-222 (4) Evidence of Consent to Annexation:
For purposes of this section, prior consent to annex shall be deemed given when
evidenced by written authorization or approval executed by the owner or the owner's
authorized agent.
Consent to annexation provided by the property owners.
.
Idaho Code §50-222 (5) (a)
Lands lying contiguous or adjacent to any city in the state of Idaho may be annexed
by the city if the proposed annexation meets the requirements of category A. Upon
determining that a proposed annexation meets such requirements, a city may
initiate the planning and zoning procedures set forth in chapter 65, title 67, Idaho
Code, to establish the comprehensive planning policies, where necessary, and zoning
classification of the lands to be annexed.
Consent to annexation provided by the property owners.
.
Idaho Code §67-6508 PLANNING DUTIES
It shall be the duty of the planning or planning and zoning commission to conduct a
comprehensive planning process designed to prepare, implement, and review and
update a comprehensive plan, hereafter referred to as the plan. The plan shall include
all land within the jurisdiction of the governing board. The plan shall consider
previous and existing conditions, trends, desirable goals and objectives, or desirable
future situations for each planning component.
Planning and Zoning Commission hearing dated August 2, 2004.
.
Idaho Code §67 -6511 ZONING ORDINANCE
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Each governing board shall, by ordinance adopted, amended, or repealed in
accordance with the notice and hearing procedures provided under section 67-6509,
Idaho Code, establish within its jurisdiction one (1) or more zones or zoning districts
where appropriate. The zoning districts shall be in accordance with the policies set
forth in the adopted comprehensive plan. Within a zoning district, the governing board
shall where appropriate, establish standards to regulate and restrict the height, number
of stories, size, construction, reconstruction, alteration, repair or use of buildings and
structures; percentage of lot occupancy, size of courts, yards, and open spaces; density
of population; and the location and use of buildings and structures. All standards shall
be uniform for each class or kind of buildings throughout each district, but the
standards in one (1) district may differ from those in another district.
Ordinances establishing zoning districts shall be amended as follows:
(a) Requests for an amendment to the zoning ordinance shall be submitted
to the zoning or planning and zoning commission which shall evaluate the
request to determine the extent and nature of the amendment requested.
Particular consideration shall be given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing
public services, including school districts, within the planning jurisdiction.
An amendment of a zoning ordinance applicable to an owner's lands or approval
of conditional rezoning or denial of a request for rezoning may be subject
to the regulatory taking analysis provided for by section 67-8003, Idaho Code,
consistent with the requirements established thereby.
(b) After considering the comprehensive plan and other evidence gathered
through the public hearing process, the zoning or planning and zoning
commission may recommend and the governing board may adopt or reject an
ordinance amendment pursuant to the notice and hearing procedures provided in
section 67-6509, Idaho Code, provided that in the case of a zoning district
boundary change, and notwithstanding jurisdictional boundaries, additional
notice shall be provided by mail to property owners or purchasers of record
within the land being considered, and within three hundred (300) feet of the
external boundaries of the land being considered, and any additional area that
may be impacted by the proposed change as determined by the commission. Notice
shall also be posted on the premises not less than one (1) week prior to the
hearing. When notice is required to two hundred (200) or more property owners
or purchasers of record, alternate forms of procedures which would provide
adequate notice may be provided by local ordinance in lieu of posted or mailed
notice. In the absence of a locally adopted alternative notice procedure,
sufficient notice shall be deemed to have been provided if the city or county
provides notice through a display advertisement at least four (4) inches by
two (2) columns in size in the official newspaper of the city or county at
least fifteen (15) days prior to the hearing date, in addition to site posting
on all external boundaries of the site. Any property owner entitled to
specific notice pursuant to the provisions of this subsection shall have a
right to participate in public hearings before a planning commission, planning
and zoning commission or governing board subject to applicable procedures.
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See Findings of Fact C above.
.
Idaho Code §67-6525 PLAN AND ZONING ORDINANCE CHANGES UPON
ANNEXATION OF UNINCORPORATED AREA
Prior to annexation of an unincorporated area, a city council shall request and receive
a recommendation from the planning and zoning commission, or the planning
commission and the zoning commission, on the proposed plan and zoning ordinance
changes for the unincorporated area. Each commission and the city council shall
follow the notice and hearing procedures provided in section 67-6509, Idaho Code.
Concurrently or immediately following the adoption of an ordinance of annexation,
the city council shall amend the plan and zoning ordinance.
See Findings of Fact C above.
DA TED this 22nd day of February 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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