Findings - CC - 2005 - A-10-05/RZ-15-05 - Annex/Rezone From Rut To Ps For Ada/Eagle Sports Complex/80 Acre/3151 Goose
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION), TO PS )
(pUBLIC SEMI-PUBLIC) FOR THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-tO-05 & RZ-t4-05
The above-entitled rezone upon annexation application came before the Eagle City Council for their
recommendation on October 18, 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:
PROJECT SUMMARY:
The City of Eagle represented by William E. Vaughan, is requesting an annexation and
rezone from RUT (Rural Urban Transition) to PS (Public Semi-Public) for the Eagle/Ada
Sport Complex. The +/- 80-acre site is generally located on the northeast comer ofthe
Floating Feather Road and Horseshoe Bend Road intersection at 3151 Goose Creek Road.
A. APPLICATION SUB MITT AL:
The application for this item was received by the City of Eagle on August 24, 2004.
B. 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 July 30 and August I, 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 August 29,2005. Requests for agencies' reviews were transmitted on
August 28,2005, 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 September 24, 2005. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) ofthe subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 20,
2005.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
D. COMPANION APPLICATIONS: None
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public RUT (Residential- Ada Skate board park
County designation)
Proposed No Change Public/Semi-public City Park
North of site Rural Residential (Ada RUT (Residential - Ada Vacant
County designation) County designation)
South ofsite Residential one & Residential one & Residential Subdivision
Residential Two Residential Two
East of site Rural Residential (Ada RR (Residential - Ada Vacant
County designation) County designation)
West of site Residential Four R4 (Residential 4 units per Residential Subdivision
acre)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
G. TOTAL ACREAGE OF SITE: +/- 80-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
From 1999-2000 the City of Eagle and Ada County worked cooperatively to developed
the Eagle Skate Park located at the northwest comer of the Ada-Eagle Sports complex.
After 2 years of maintenance Ada County granted the City of Eagle a lease agreement for
the subject site granting the City of Eagle a 99 year lease of the site for the sole a specific
purpose of a public park and recreation facility. The City of Eagle is now working with
several local groups to begin the development of the park and would like to have the park
development and permitting occur under the Eagle City Code. The paragraph 5 of the
lease agreement grants the City of Eagle the right to annex the property at the City's
discretion.
I. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): N/A
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The Site is currently located within the Eagle Sewer District, Eagle Fire District, and
receives services from Eagle Water Company.
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: None received to date.
N. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2000 Eagle Comprehensive Plan
Chapter 6-Land Use:
6.3 Land Use Designations
Public/Semi Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted.
All development within this land use is encouraged to be designed to accommodate the different
needs, interests, and age levels of residents in matters concerning both recreation and civil
activities.
The public/semi public land use designation is not a residential land use designation. When a
project or development is designed that contains or is adjacent to land holding a public/semi public
land use this land will not be included when calculating the allowable residential density. Projects
that hold a residential designation that want to provide amenities similar to those allowed in the
public/semi public designation may transfer density within the development only when using the
standards established in the Planned Unit Development as defined in the comprehensive plan.
6.6 Objectives
a. To encourage the preservation of open spaces.
CHAPTER 9 - Parks, Recreation and Open Space
9.4.1 Goal
To create ample areas and facilities for our residents' diverse indoor and outdoor park and
recreational interests.
9.4.2 Objectives
a. To develop parks and recreational programs which meet the different needs,
interests, and age levels of our residents in both the rural and urban areas.
b. To plan and design parks for sustainability and conservation of natural resources.
c. To provide a system of neighborhood parks where safe and convenient access is
available to residents.
d. To dedicate and develop areas for parks in new residential developments.
9.4.3 Policies
a. Acquire land for future parks in neighborhood and community settings at a rate
that meets or exceeds the national standards.
b. Seek innovative funding sources for acquisition, planning, design, construction,
and maintenance of parks.
c. Ensure all City parks are managed and maintained in a cost effective manner for
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the enjoyment of the public.
d. Encourage City to develop working relationships with other agencies/entities to
develop parks and recreational opportunities within the community.
e. Involve public in park planning and development.
f. Utilize and support existing council-approved park development committee.
9.4.4 Implementation Strategies
a. Develop policy to preserve established parks and land acquired for parks In
perpetuity.
b. Develop parks maintenance and recreational programming budget.
c. Develop parks system management plan which includes recreational programming
as well as maintenance.
d. Aggressively follow the Capital Improvement Plan to acquire system
improvements to provide the level of service adopted in the Eagle development
impact fee ordinance.
e. City will aggressively explore public/private or intergovernmental agreements to
assist in park acquisition, development, and recreational opportunities.
f. Identify dedicated funding source for park maintenance (e.g., utility franchise fee,
etc).
g. Create an ordinance that requires developers to dedicate and establish parks in
new developments.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
C. DISCUSSION:
. 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 designations PS is equal to or less than the Public/Semi-public
shown on the Comprehensive Plan Land Use Map;
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 zone (Public/Semi-Public) is compatible with the R4 zone
(Residential 4 units per acre) land use to the east;
d. The proposed PS zone (Public/Semi-Public) is compatible with the RR zone (Rural
Residential - Ada County designation) land use to the west;
e. The proposed PS zone (Public/Semi-Public) is compatible with the RUT zone (Rural
Urban Transition - Ada County designation) land use to the north;
f. The proposed PS zone (Public/Semi-Public) is compatible with the Rl and R2 zone
(Residential One and Residential Two- Ada County designation) land use to the south;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
15, 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 two
(2) property owners encouraged by the increased surveillance by the city police.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) people stating concerns about traffic, water availability, and preservation of the foothills
landscape.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien abstained) to recommend approval of A-10-05 & RZ-14-05
for a rezone upon annexation from RUT (Rural Urban Transition - Ada County designation), to
PS (Public/Semi Public) for the City of Eagle.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 19, 2005, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one.
C. Oral testimony neither in favor of or against this proposal was presented to the City Council by no
one.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve of A-10-05 & RZ-14-05 for a rezone
upon annexation from RUT (Rural Urban Transition - Ada County designation), to PS
(Public/Semi Public) for the City of Eagle.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 24, 2004.
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 July 30 & August 1,2005. 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 August 29, 2005. Requests for agencies'
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reviews were transmitted on August 28,2005, 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 September 24,
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 September 20, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-10-05 & RZ-14-05) 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/Semi Public) is equal to and less than the
Public Semi Public designation as shown on the Comprehensive Plan Land Use Map;
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 single-family dwelling units on this property under the proposed zone;
c. The requested zoning designation of PS (Public/Semi Public) is compatible with the R-2
(Residential Two) zone to the south since that site is currently a single family subdivision.
d. The requested zoning designation of PS (Public/Semi Public) is compatible with the R-4
(Residential Four) zone to the west since that site has been previously approved with a
single family residential subdivision;
e. The requested zoning designation of PS (Public/Semi Public) is compatible with the RR
(Rural Residential) zone to the east since that site is currently located outside of the area of
impact;
f. The requested zoning designation of PS (Public/Semi Public) is compatible with the RR
(Rural Residential) zone to the north since that site is currently located outside of the area
of impact;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan;
DATED this 25th day of October 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
, Ada County, Idaho
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