Findings - PZ - 2005 - A-5-05 & RZ-8-05 - A/Rz From Rut To Ps-Da/53.2 Acre/1993 W. State Street
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO PS-DA )
(PUBLIC/SEMIPUBLIC WITH DEVELOPMENT)
AGREEMENT) FOR EAGLE SEWER DISTRICT)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-S-O5 & RZ-8-05
The above-entitled rezone upon annexation application came before the Eagle Planning and Zoning
Commission for their recommendation on June 6, 2005. The 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:
The Eagle Sewer District, represented by Daren Fluke with J-U-B Engineers Inc., is
requesting an annexation and rezone from RUT (Rural Urban Transition) to PS-DA
Public/Semipublic with a development agreernent. The 53.2-acre site is located on the
south side of the State Highway 44 approximately 200 feet west of Ballantyne Road at
1993 West State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 28, 2005.
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 16, 2005. 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 11,2005. Requests for agencies' reviews were transmitted on May 9,2005,
in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: CU-4-05 (Expansion of wastewater treatment facility)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA nON
Existing Residential Two RUT (Residential- Ada Agriculture
County designation)
Proposed No Change PS Public/Semipublic Wastewater treatment
North of site Mixed Use & Residential PS (Public/Semipublic), A Agriculture & Residential
Two (Agricultural), A-R (two units/acre)
(Agricultural-Residential) &
R2-DA-P (Residential-
Development Agreement-
Planned Unit Development)
South of site Industrial A (Agricultural) Wastewater treatment
East of site Public/Semi-Public RUT (Residential - Ada Wetland mitigation
County designation)
West of site Residential Two RUT (Residential- Ada Single-family dwellings
County designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H.
TOTAL ACREAGE OF SITE: 53.2-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated April 27, 2005, provided by the applicant's
representative.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See applicant's justification letter, dated April 27, 2005, attached to the staff report for this
item.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary letters have been received from United Water indicating location ofa 12"
water main north of the site on Ballantyne and Idaho Power responded that they had no
comment regarding this application.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No rnap currently exists.
M.
NON-CONFORMING USES: None are apparent on the site.
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N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Idaho Power
United Water
O.
LETTERS FROM THE PUBLIC: None received to date
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF
REGARDING THIS PROPOSAL:
SPECIAL CONCERN
.
The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as Residential Two, suitable primarily for single-family residential development
within areas that are rural in character. Residential density of up to two dwelling units per acre
may be considered by the City for this area.
AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter 1
Overview
1.1
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the people
at reasonable cost.
Chapter 4
Schools, Public Services and Utilities
4.1
Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an irnportant role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community. Service
providers currently include:
.
The Eagle Sewer District provides sewer service within a designated sewer
service area. Larger lot hornes have wells and septic systems and must comply
with Central District Health Department requirements.
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4.3
4.4
4.5
Chapter 11
Goal
To meet the expected demands of the City and its Impact area:
a. Encourage the provision of public utilities, services and schools.
Objectives
a. To encourage the reduction of overlapping service areas and/or illogical service
boundaries. Strive for continued cooperation between service and utility providers
and the City.
Implementation Strategies
j. The City and the Eagle Sewer District should continue to work together to
coordinate urban development based upon the Land Use component of the
Comprehensive Plan and the Eagle Sewer District's master plan.
Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environrnent and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
.
Area wide drainage including hillsides, foothills and gulches
Water quality
Sanitation
Area-wide traffic plans
Pathways, trail access
Wetlands issues
Fish and wildlife habitat
Existing trees and natural features
River and creek greenbelt areas
.
.
.
.
.
.
.
.
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11.2
11.3
11.4
.
Potential for permanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
Goal
To promote the conservation and efficient management of all Special Area and
Sites.
Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
i. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may ITom time to time
require, for any development on land within an area designated as a Special Area
or Site or for any development impacting a designated Special Area or Site.
SOARING 2025 WESTERN SUB-AREA PLAN, ADOPTED SEPTEMBER 14,2004
Chapter 2
2.2
Community Design
Future Conditions
Over the next 20 years the City of Eagle is forecasted to experience high growth
rates that without proper management and planning will impact the quality of life
and housing options available to its residents. Rather than ignore the growth
pressures that are currently shaping most Treasure Valley communities the City of
Eagle is look at option to embrace housing alternatives and transit density while
preserving the rural nature of the City.
2.3
Goals
Sustainability at build out (2025): Ensure the ability for the city to continue to
fund, improve and support itself, including infrastructure and parks, without the
use of building permit fees, impact fees and zoning fees.
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2.4
2.5
Chapter 4
Objectives
Work to accommodate the projected Eagle Planning Area population and the
portion of the Northwest Rural Demographic population, located in the Eagle
AOI, by 2025.
Implementation Strategies
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
Public Facilities and Services
4.1
Background
As the City of Eagle develops westward it is important to understand the variety
and availability of services within the area. Numerous special districts combine
with City services to protect and enhance the health safety and welfare of the
Eagle community.
4.9.1
Sewer
Background
The Eagle Sewer District (ESD), established in 1963, is a public entity separate
from the City of Eagle, the service area of which generally corresponds to the area
within the Eagle City limits. Extensions of the ESD service area are accomplished
by actions of the ESD Board of Directors, and for the most part rnatch
annexations to the City. However, they do not have to match annexations to the
City either in location or in time. ESD serves all of the residential and commercial
users in the City that are receiving central sewer service. In addition to users
served by central sewer, many homes in the District's service area have disposal
by septic tanks and drain fields. The District currently provides for wastewater
treatment to secondary standards with ultimate disposal through facilities of the
City of Boise, under a long-term agreement between the District and the City of
Boise.
Future Conditions
Due to total pollutant loading limitations for the Boise Rive, wastewater effluent
discharges to the Boise River may become far more stringent in the future than
they are at present. Additional development may at some time require alternatives
to stream discharge.
ESD will continue to plan for consequences of such potential intensification of
stream discharges to meet the needs for central sewer in areas within the City.
ESD is committed to providing central sewer service to areas within the City of
Eagle.
It is the City of Eagle's policy to accommodate orderly and appropriate
development at a pace that does not unreasonably impede or burden the
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development process. Timely extension of sewer service is an essential feature of
orderly development. Hence, in the future the City of Eagle will take an active
interest in sewerage and wastewater issues.
4.9.1
Goals
Ensure that sewerage and effluent disposal utilities expansion and extension will
keep pace with and be available in a timely manner to development projects
within the City.
Ensure that sewerage and disposal facilities development will not through
insufficiency foster impediments to orderly and appropriate development of the
City as set forth in other sections ofthis Comprehensive Plan.
4.9.2
Objectives
Provide assurance of Eagle's capability to sustain orderly and appropriate growth
by maintaining awareness of Eagle Sewer District's plans for expansion and
schedules for extension, and reviewing how these plans fit with the known plans
of the development community in Eagle.
4.9.3
Implementation Strategies
a. Consult at regular interval with Eagle Sewer District regarding its
expansion and extension plans.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
C.
DISCUSSION:
.
The Eagle Sewer District is requesting an annexation and rezone to allow for the
expansion of their existing wastewater treatment plant. This area is currently
designated Residential Two on the City of Eagle Land Use Map; however the
proposed area is contiguous to the existing plant.
.
This parcel does not lie in the Western Planning Area as designated in the Soaring
2025 Western Sub-area Plan. The expansion to this facility is essential to help
facilitate the infrastructure needs of the "Western Area" designated in Soaring 2025
Western Area Plan.
.
With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that
the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a.
The requested zoning designation of PS Public/Semipublic is appropriate for the
site and since the areas surrounding the site area are undeveloped and since the
existing facility has been located south of this location since the early 1980's.
There is no anticipation that the existing facility would cease operation if this
rezone is not granted.
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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 any and all uses allowed on this property under
the proposed zone;
c. The proposed PS Public/semipublic is compatible with the A (Agricultural) zone
to the south since that site is the current location of the wastewater treatment
plant;
d. The proposed PS Public/semipublic is compatible with the RUT zone (Residential
- Ada County designation) to the west since that site is a recognized as a
transitional area by Ada County;
e. The land proposed for rezone is located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan. The southern portion of the site lies
within the Boise River Floodplain area. The development of the site shall meet the
requirements of ECC, Title 10, Flood Control.
.
Site subject to Development Agreement under ECC Section 8-10-1.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone upon annexation and rezone with the conditions of approval noted within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 6,
2005, 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 this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
A. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one individual who had concerns regarding how J-U-B Engineers handled the development of the
current sewer treatment facility to the south of the proposed new facility. Due to this concern the
individual felt that approval of an open ended conditional use permit without a specific final site plan
would be inappropriate. The individual also had concerns regarding the size, height and style of the
buildings.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of A-5-05 & RZ-8-05-DA for
rezone with a development agreernent upon annexation from RUT (Rural Urban Transition - Ada
County designation) to PS (Public/Semipublic with Development Agreement) for Eagle Sewer
District with the following staff recommended conditions to be placed within a developrnent
agreement with underline text to added by the Commission and strike through text to be deleted by
the Commission.
2.1 Wastewater Treatment Facility shall be the only use permitted.
2.2 The owner shall submit a Design Review application for the site (as required by the Eagle City Code),
and shall comply with all conditions required by Eagle as a part of the Design Review prior to the
issuance of a zoning certificate and prior to the commencement of any construction, including grading.
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The development shall comply with the Eagle City Code, as it exists in final form at the time the
design review application is made.
2.3 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design Book
(EASD Book). Architecture styles and building design elements that are not shown with the EASD
Book will not be permitted.
2.4 The Applicant shall submit, as may be determined by the Flood Plain Administrator, a Flood Plain
Development Permit in compliance with all rules, regulations and ordinances as required by Title 10,
Flood Control, of the Eagle City Code.
2.5 All drainage and storm water shall be retained on-site, and shall comply with all requirements of Eagle
City Code and the City Engineer. The Applicant shall submit construction drawings showing these
details to the City Engineer for review and approval prior to the issuance of any building permits.
2.6 Landscape buffering and siting of the treatment facility shall be designed to mitigate the effects of the
development on adjacent residences.
2.7 The development area (building envelope) shall remain substantially as shown on the attached Site
Plan (Exhibit "A").
2.8 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B") and Landscape Plans (Exhibit
"C") represents an example of the Applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The Applicant also understands and agrees that any
changes regarding development ofthe site must be in conformance with the "Conditions of
Development" stated herein.
2.9 All site lighting is to be shielded to direct all light downward and not project horizontally onto any
public right of way, private street, or onto the property line of any residentially zoned parcel of land or
parcel of land used for residential purposes. Site lighting specifications (location, height, wattage,
screening, etc.) shall be reviewed and approved by the Zoning Administrator prior to issuance of a
zoning certificate.
2.10 Construct a 75-foot wide berm along the north boundary adjacent to State Highway 44 (not including
right-of-way) that meets the standards established in ECC Section 8-2A-7(J)(4)(a).
2.11 Construct a minimum six-foot (6') wide meandering asphalt pathway along the frontage of the site
adjacent to State Highway 44 prior to the issuance of any occupancy permits for the site. Plans for the
pathway shall be submitted to the Parks & Pathway Development Committee for a recommendation to
the Design Review Board and City Council.
2.12 Upon redevelopment of the site all buildings shall be set back a minimum of seventy-five feet (75 ')
from State Highway 44 (not including right-of-way).
2.13 The current use of the Property (residential and agricultural) may continue until such a time that
design review application is approved for redevelopment of the site. Prior to the City issuing a Zoning
Certificate for approval of the site redevelopment plan (final building, site, civil, and landscape plans)
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the current use as described herein shall be removed in its entirety including all existing buildings and
structures.
2.14 The applicant shall obtain a demolition permit for the removal of any structures from the site.
2.15 The Property shall be limited to no more than one access point onto State Highway 44, subject to the
review and approval of the Idaho Transportation Department.
2.16 Landscaping and landscaped berms along the Property's frontage on West State Street (State
Highway 44), as shown on Exhibit "B" hereto, shall be completed and installed within one (1) year
from the date hereof to assure adequate screening when the buildings and other components of the
Applicant's wastewater treatment facilities are subsequently constructed on the property.
2.17 All living trees that do not encroach upon the buildable area of the lot shall be preserved, or as
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the landscaping areas (unless approved for removal by the City Forester and the Design
Review Board) shall be provided for Design Review Board approval prior to the issuance of any
building permits.
2.18 The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
2.19 All setbacks shall be as follows:
Front Setback 75-feet w/ten 00') foot berm
Rear Setback O-feet
Side Setback M 50-feet w/seven (7') foot
berm
2.20 Buildings and structures shall not exceed ~ 50% coverage of the site.
2.21 The site shall contain a minimurn of 8.5% landscaping to be utilized for screening.
The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-8-05-DA)
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 is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 28, 2005.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
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published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 16, 2005. 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 11,2005. Requests for agencies' reviews were
transmitted on May 9,2005, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-15-04)
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 is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of PS Public/Sernipublic is appropriate for the
site and since the areas surrounding the site area are undeveloped and since the
existing facility has been located south of this location since the early 1980' s.
There is no anticipation that the existing facility would cease operation if this
rezone is not granted.
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 any and all uses allowed on this property under
the proposed zone;
c. The proposed PS Public/semipublic is compatible with the A (Agricultural) zone
to the south since that site is the current location of the wastewater treatment
plant;
d. The proposed PS Public/semipublic is compatible with the RUT zone (Residential
- Ada County designation) to the west since that site is a recognized as a
transitional area by Ada County;
e. The land proposed for rezone is located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan. The southern portion of the site lies
within the Boise River Floodplain area. The development of the site will be
required to meet the requirements of ECc, Title 10, Flood Control.
DATED this 20th day of June 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon. Bergmann, Eagle City CI k
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