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)
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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.
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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.
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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
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. 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.
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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
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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 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.
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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 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.
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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.
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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
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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
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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
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