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Findings - CC - 2005 - A-5-05/RZ-8-05 - Annex/Rezone From Rut To Ps-Da With Da/53.2 Acre/1993 W State St. ORIGINAL BEFORE THE EAGLE CITY COUNCIL 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-5-05 & RZ-8-05 The above-entitled annexation and rezone applications came before the Eagle City Council for their action on July 12, 2005. The 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 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 agreement. 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. 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 June 27, 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 June 22, 2005. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (None) E. COMPANION APPLICATIONS: CU-4-05 (Expansion of wastewater treatment facility) Page 1 of 12 K:IPlanning DeptlEagle ApplicationsIRZ&AI20051A-05-05 & RZ-08-05 ccf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION 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 applicant's justification letter, dated April 27, 2005, attached to the staffreport for this item. 1. 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 of a 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 map currently exists. M. NON-CONFORMING USES: None are apparent on the site. Page 2 of 12 K:IPlanning DcptlEagle ApplicationslRZ&A 12005IA-05-05 & RZ-08-05 ccf.doc N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concem, are noted below: Idaho Power United Water O. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · 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 important 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 homes have wells and septic systems and must comply with Central District Health Department requirements. Page 3 of 12 K:IPlanning Dept\Eagle ApplicationslRZ&A \20051A-05-05 & RZ-08-05 ccfdoc 4.3 Goal To meet the expected demands of the City and its Impact area: a. Encourage the provision of public utilities, services and schools. 4.4 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. 4.5 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. Chapter II Special Areas and Sites ILl 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 environment 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 Page 4 of 12 K:IPlanning DeptlEagle ApplicationsIRZ&A\20051A-05-05 & RZ-08-05 ccfdoc . Potential for permanent open space and natural preserves including steep hillside terrain, rock outcroppings and foothill gulches. 11.2 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. 11.3 Goal To promote the conservation and efficient management of all Special Area and Sites. 11.4 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 from 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 Community Design 2.2 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 housmg 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. Page 5 of 12 K:\Plannillg DcptlEagle ApplicationsIRZ&AI20051A-05-05 & RZ-08-05 ccfdoc 2.4 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. 2.5 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. Chapter 4 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 match 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 Page 6 of 12 K:IPlanning DcptlEagle ApplicationsIRZ&AI20051A-05-05 & RZ-08-05 ccf.doc 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 of this 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. Page 7 of 12 K:IPlanning DeptlEagle ApplicationslRZ&A \20051A-05-05 & RZ-08-05 ccf.doc 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 cunent 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 annexation and rezone with development agreement 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). C. 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 agreement 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 development agreement as shown within their Findings of Fact and Conclusions of Law document dated June 20,2005. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on July 12,2005, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. Page 8 of 12 K:\Planning DeptlEagle ApplicationsIRZ&AI2005IA-05-05 & RZ-08-05 ccfdoc 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 one individual (not including the applicant/representative) who testified they feel comfortable that the Sewer District can mitigate light, noise and odor. They individual also felt the City should wait until the applicant determines the specific kind of treatment facility before deciding on final screening and berming design. D. Oral testimony neither in favor of or against this proposal was presented to the City Council by one individual who indicated that screening berms should be placed adjacent to the frontage and east and west boundaries due to this area being located at the entrance to the City. COUNCIL DECISION: The Council voted 3 to 0 (Sedlacek abstained) to approve A-aS-OS & RZ-08-05 for an annexation and rezone from RUT (Rural Urban Transition - Ada County designation) to PS-DA (Public/Semipublic with Development Agreement) for Eagle Sewer District with the following Planning and Zoning Commission recommended conditions to be included within a development agreement with underline text to be added by the Council and strike through text to be deleted by the Council: 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. 2.3 The applicant shall construct a minimum seventv-five foot (75') wide landscaped buffer area with a minimum ten foot 00') high berm constructed with a 3: 1 slope along State Highwav 44 in accordance with ECC 8-2A-7(J)(4)(c) and a fiftv foot (50') wide landscaped buffer area witA a seveR f-oot (7') AieA berm witA a 3: I slope adjacent to the east and west boundaries of the site. 2.4 The applicant shall submit a master site Design Review application for review and approval by the Design Review Board prior to the commencement of any grading and/or construction of berms on the site. Berm construction and associated landscaping shall be completed prior to the issuance of any building permits. 2.5 A separate Design Review application shall be required for any signage for the site. 2.6 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. 2.7 Landscaping and landscaped berms along the Propelty's frontage on West State Street (State Highway 44) 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 wastewater treatment facilities are subsequently constructed on the property. Page 9 of 12 K:IPlanning DeptlEagle ApplicationsIRZ&AI2005IA-05-05 &. RZ-08-05 ccf.doc 2.8 Prior to the issuance of building permits the applicant shall provide a written statement addressing how odors will be mitigated with the assurance that the selected effluent treatment process will not produce obiectionable odors. 2.9 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. 2.10 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. 2.11 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. 2.12 The site 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. If a the realignment of the intersection of Ballantyne Road and State Highway 44 occurs before Design Review approval the west entrance to the size should be aligned with that intersection. 2.13 Prior to the City issuing a Zoning Certificate for approval of the site redevelopment plan (final building, site, civil, and landscape plans) all existing buildings shall be removed form the site. 2.14 The applicant shall obtain a demolition permit for the removal of any structures from the site. 2.15 The development area (lot coverage) shall not exceed 50% of the site. sHall r-emaiR substaRtially as SHOWR OR tile submitted site plaR ,^.pril 2!1, 2005. 2.16 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. All lights shall be approved as to location design and intensity by the Design Review Board. 2.17 Construct a minimum six-foot (6') wide meaRderiRg 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 Council. 2.18 No signs are proposed with this application. A separate design review application is required for the approval of any signs. 2.19 Plans shall be submitted to the Design Review Board for review and approval prior to the issuance of any building permits. 2.20 All The setbacks shall be as follows: comply witll tile f-01l0\'.'iRg table: Front Setback: 75-feet Rear Setback: O-feet Side Setback: ~ 50-feet Page 10 of 12 K:IPlanning DeptlEagle ApplicationslRZ&A 12005IA-05-05 & RZ-08-05 ccfdoc Front Set13aek ~ Rear Setbaek (}..feet Side Setbaek ;w... 5 O--feet 2.21 Buildings and structures shall not elleeea 25212%. eo':erage of the site. 2.22 The site shall oontain a minimum of g.5~\' of the gross site area to be utilized f-or sCJreening. 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 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. 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 June 27, 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 Tille 67, Chapter 65, Idaho Code and Eagle City Code on June 22, 2005. 3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-08-05) 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/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. 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 A-R (Agricultural- Residential), PS (Public/Semipublic) and R-2-DA-P (Residential two with development agreement and planned unit development) zone to the north since Page 11 of 12 K:IPlanning Dept\Eagle ApplicationslRZ&A \2005IA-05-05 & RZ-08-05 ccfdoc those sites are divided from this site by State Highway 44 and are either buffered or are large parcels at this time; e. 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; f. The proposed PS (Public/Semipublic) is compatible with the RUT zone (Residential - Ada County designation) to the east since that site is a recognized as a transitional area by Ada County and is currently being utilized for wetland mitigaiton; g. 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 ofECC, Title 10, Flood Control. DATED this 26th day of July, 2005. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Page 12 of 12 K:IPlanning DcptlEagle ApplicationsIRZ&AI2005IA-05-05 & RZ-08-05 ccfdoc