Findings - PZ - 2006 - RZ-08-05 MOD - Mod To Da/One Year Extension For Required Landscaping/1993 W State Street
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A MODIFICATION TO THE
DEVELOPMENT AGREEMENT FOR THE
REZONE FROM RUT TO PS-DA FOR THE
EAGLE SEWER DISTRICT
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ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-0S MOD
The above-entitled rezone modification application came before the Eagle Planning and Zoning
Commission for their recommendation on July 5, 2006. 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 Lynn Moser, is requesting a modification to the
development agreement associated with the rezone from RUT (Rural Urban Transition) to
PS-DA Public/Semipublic. The modification is a request for a one year extension of time
for the completion of a portion of the required landscaping as noted in condition 2.7. 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. APPLICA TION SUB MITT AL:
The application for this item was received by the City of Eagle on April 24, 2006.
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 June 12, 2006. 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 12, 2006. The site was posted in accordance with the Eagle City Code on
June 21,2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 12, 2005, the Eagle City Council approved the annexation and rezone
applications (A-5-05 & RZ-8-05) and a conditional use permit application (CU-4-04) for a
waste water treatment facility for this site.
E. COMPANION APPLICATIONS: CU-04-05 MOD (Landscaping extension of time)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two PS-DA (Public/Semipublic Agriculture/vacant
with development agreement)
Proposed No Change No Change Wastewater treatment
facility
North ofsite 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
facility
East of site Public/Semi-Public RUT (Residential- Ada Wetland mitigation
County designation)
West ofsite 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
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See attached justification letter dated April 24, 2006, provided by the Eagle Sewer District
for the modification justification.
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Letters have been previously received from United Water indicating the location ofa 12"
water main north of the site on Ballantyne and Idaho Power has previously 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 previously responded with the original application
(A-05-05 & RZ-08-05) and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Idaho Power
United Water
O. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
. On July 26, 2005, the City Council approved an annexation and rezone with a development
agreement (A-05-05 & RZ-08-05) for the subject property owned by the Eagle Sewer District
located at 1993 West State Street. At the same meeting, the City Council also approved a
conditional use permit (CU-04-05) for the expansion of the existing water treatment plant at the
same location. Section 2.7 of the approved development agreement states: Landscaping and
landscaped berms along the Property's frontage on West State Street (State Highway 44) shall be
completed and installed within one (l) 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.
. Lynn Moser, representing the Eagle Sewer District, is requesting a modification to Section 2.7 of
the development agreement, to allow for a one year extension. The request is due to the Eagle
Sewer District working with ITD, ACHD, and the adjacent property owner to the west on the
placement of the entrance road located off of State Highway 44.
. Site subject to Development Agreement under ECC Section 8-10-1.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff recommends approval of the
modification to development agreement associated with the rezone from RUT (Rural Urban
Transition) to PS-DA Public/Semipublic for the Eagle Sewer District with the conditions of
approval noted within the staff report memorandum.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 5,
2006, 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 would like to see the sewer district build a similar berm with landscaping on the
north side of State Highway 44, adjacent to his property. The individual also asked to see the final site
plan ofthe facility including the size, height and style ofthe buildings.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval ofRZ-08-05
MOD for a modification to the development agreement for a landscaping extension of time as
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noted in condition 2.7 below for the Eagle Sewer District including the following conditions to
remain in the development agreement with underlined text to be added by the Commission and
text shown with strike through 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.
2.3 The applicant shall construct a minimum seventy-five foot (75') wide landscaped
buffer area with a minimum ten foot (10') high berm constructed with a 3:1 slope
along State Highway 44 in accordance with ECC 8-2A-7(J)(4)(c) and a fifty foot (50')
wide landscaped buffer area 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 Property's frontage at 1993 West State
Street on 'Nest State S~reet (State Highway 44) shall be completed and installed
within one (1) year from July 26,2006 the date hereof to assure adequate screening
when the buildings and other components of the wastewater treatment facilities are
subsequently constructed on the property.
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 objectionable 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.
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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.
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 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 Building setbacks shall be as follows:
Front Setback: 75-feet
Rear Setback: O-feet
Side Setback: 50-feet
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 24, 2006.
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 June 12, 2006. 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 12,2006. The site was posted in accordance
with the Eagle City Code on June 21, 2006.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone modification
(RZ-08-05 MOD) 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
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accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The zoning designation of PS Public/Semipublic continues to be 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.
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 PS-DA zone;
c. The PS-DA Public/semipublic with development agreement is compatible with
the A (Agricultural) zone to the south since that site is the current location of the
wastewater treatment plant;
d. The PS-DA Public/semipublic with development agreement 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 rezoned to PS-DA 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 17th day of July 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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