Findings - CC - 2006 - RZ-08-05 - Mod To Da From Rut To Ps-Da/1 Year Extension Of Time For Completion Of Ls
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
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 )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-OS-OS MOD
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on August 22, 2006. 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 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. APPLICATION SUBMITTAL:
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.
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 July 24,2006. 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 July IS, 2006.
The site was posted in accordance with the Eagle City Code on July 20, 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-S-05) and a conditional use permit application (CU-4-05) 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:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Residential Two PS-DA (Public/Semipublic Agriculture/vacant
with development agreement)
Proposed No Change No Change Wastewater treatment
facility
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
facility
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 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. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Letters have been previously received from United Water indicating the location of a 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-OS-OS & RZ-08-0S) 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-OS-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 (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.
. 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 S-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 of the facility including the size, height and style of the buildings.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval ofRZ-OS-05
MOD for a modification to the development agreement for a landscaping extension of time for the
Eagle Sewer District as noted in condition 2.7 as shown within their Findings offact and
Conclusion oflaw document, dated July 26,2005.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 22, 2006, 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 (other than
the app Ii can t/representati ve).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-08-05 MOD for a modification to the development
agreement for a landscaping extension of time as noted in condition 2.7 below for the Eagle Sewer
District with the Planning and Zoning Commission recommended conditions to be included in the
development agreement.
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: I 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
(State Highway 44) shall be completed and installed within one (1) year from July 26, 2006, 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
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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.
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 ofland or parcel ofland 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') wjde 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.
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 July 24,2006.
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 July 18, 2006. The site was posted in accordance with the Eagle City Code on July 20,
2006.
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3. The Council 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 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 12th day of September 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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