Findings - PZ - 2007 - A-13-07/RZ-17-07 - A/Rz From Rut To Ps For Inclusion Of Eagle Island State Park Into City/545.86 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
(RURAL URBAN TRANSITION) TO PS )
(PUBLIC/SEMI-PUBLIC) FOR IDAHO STATE )
DEPARTMENT OF PARKS AND RECREATION )
AND THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-13-07 & RZ-17-07
The above-entitled annexation and rezone application came before the Eagle Planning and Zoning
Commission for their recommendation on August 6,2007. 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 City of Eagle is requesting approval of an annexation and rezone from RUT (Rural
Urban Transition-Ada County Designation) to PS (Public/Semi-Public) for the inclusion
of Eagle Island State Park into the corporate limits of the City. The 545.86-acre site is
generally located on the south side of State Highway 44 between the north and south
channels of the Boise River, approximately twenty-seven hundred feet (2700') east of
Linder Road along Hatchery Road.
B. APPLICA TlON SUBMITTAL:
Consent for Annexation and the Annexation Agreement was signed by the director of
Idaho State Parks on June 14, 2007. This application for this item was received by the
City of Eagle on July 16,2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on July 23, 2007. 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 17,2007. Requests for agencies' reviews were transmitted on July 17,2007,
in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on July 30, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
E. COMPANION APPLICATIONS: N/A
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F COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public RUT (Ada County Zone) Eagle Island State Park
Proposed No Change PS (Public Semi-Public) No Change
North ofsite Mixed Use & Residential MU-DA (Mixed Use with a Camille Beckman &
One development agreement) & Residential uses
RUT (Ada County Zone)
South ofsite Residential Estates and RUT (Ada County Zone) Rural Residential uses
Floodway
East of site Residential Two A (agricultural Residential) Rural Residential uses
West ofsite Residential Estates RUT (Ada County Zone) Rural Residential uses
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 545.86 +/- acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See "Exhibit A" attached hereto and incorporated herein by reference.
J APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See "Exhibit A" attached hereto and incorporated herein by reference.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: N/A
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: None are apparent on the site.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Chevron Pipeline
O. LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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Chapter 1
1.1.1
b.
City of Eagle Statement of Purpose
To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
To ensure that the economy of the City of Eagle and its AOl is protected and
enhanced.
To ensure that the important environmental features of the City and its AOI are
protected and enhanced.
To ensure that the development of land is commensurate with the physical
characteristics of the land.
To protect fish, wildlife, and recreation resources.
a.
c.
g.
I.
Chapter 6
6.3.16 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.
6.5 Land Use Objectives
a. To encourage the preservation of open spaces.
6.6 Land Use Implementation Strategies
a. Preserve the natural features and resources of Eagle.
6.8.2 Park Lane Planning Area
The roadway network along State Street east of Park Lane should be designed
to provide internal circulation with no individual lot access to State Street. A
cross access agreement with limited access points at Park Lane and at State
Street, in alignment with the future Eagle Island State Park entrance, is
necessary to provide access to the retail uses.
Right-of-way should be preserved for a future connection to State Highway 44
in alignment with the future State Highway 44 entrance to Eagle Island State
Park.
6.8.6 Eagle Island Planning Area
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The Eagle Island Planning Area is designated as open space, recreation and limited
residential. This area should provide trails, open space, and parks in conjunction
with limited residential densities of I unit per 1-2 acres. The visioning for this area
is to complete a pathway and recreation connection across Eagle Island.
a. Uses
The land use and development policies specific to the Eagle Island Planning
Area include the following:
I. Clustered large lot residential use: I unit per 2 acres;
2. Open space and trail located adjacent to the river in conjunction with the
continuation of the regional trail system;
3. Setbacks from streams, irrigation ditches and drains for trails and open
space; and
4. Large regional park and recreational presence.
b. Access
The primary access to the Eagle Island Area is Linder Road. Future access
may be available from State Highway 44 through Eagle Island State Park.
Linder Road will continue to be the western Boise River crossing for the area
until the Highway 16 extension is completed. This area should look to
designing consolidated access points along Linder Road to help limit the
impacts to the Linder Road river crossing.
Alignment of east/west access points along Linder Road, especially with the
Eagle Island State Park entrance, will help to preserve the efficient flow of
traffic along Linder Road.
A pathway and trails network should be encouraged to provide pedestrian
access along the Boise River corridor and from that corridor north into the Park
Lane Planning Area and south into the South Linder Planning area.
c. Design
This area should be recognized as a uniquely "Eagle" residential area
providing large lot residential uses (I unit per 1-2 acres) with views of the
Boise River, combined with a high level of open space, trails and parks.
Design of lots and homes sites should take into consideration the scenic,
wildlife, and river corridor, and provide sufficient setback and buffering to
accommodate sensitive habitat and floodway areas.
The integration of lot sizes and densities should be seamless with continuity of
street design, open space, trails and housing throughout the area.
d. Issues
The main concern in the development of this area is the ability of the City to
obtain funding to acquire additional park land as designated on the visioning
plan map. If the city is unable to obtain additional park land, the Eagle Island
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Planning Area should be allowed to develop with similar densities as adjacent
residential lands in the planning area.
The City plans to acquire park land west of Linder Road on Eagle Island if and
when the land becomes available for acquisition either through purchase,
donation or land swap.
Chapter 9 - Parks Recreation and Open Space
9.4.3 Policies
a. Encourage City to develop working relationships with other
agencies/entities to develop parks and recreational opportunities within the
community.
9.4.4 Implementation Strategies
e. Aggressively explore public/private or intergovernmental agreements to
assist in park acquisition, development, and recreational opportunities.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer
recharge, watersheds, and wetlands.
b. To provide an open space setting for active and passive recreation for
all age groups throughout the community.
c. To protect against hazards that are inherent to flood plains, flood
ways, steep slopes, and areas of geological instability.
d. To protect the natural lay of the land (e.g., minimize land
disturbance ).
e. To protect such unique environmental areas as historical, geological,
and archaeological sites and monuments, natural areas, and wildlife
habitat.
f. To protect important views, vistas, and panoramas of the
community's natural setting and environment
9.6.4 Implementation Strategies
b. Explore public/private or intergovernmental agreements to set aside
and protect open space (i.e., land trusts, conservation easements, and
memorandums of understanding).
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Exempt under Idaho Code Section 67-4223
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C. DISCUSSION:
. The current and proposed use of the property, Eagle Island State Park, is consistent with the
Public/Semi-public Comprehensive Plan Designation and the PS zone.
. The State and the City have entered into an annexation agreement which details the current
and future uses of the park and includes provisions regarding joint cooperation for the
planning and development ofthe park.
. Annexation of the park will allow the City to continue to expand with in the Eagle Area of
City Impact and provide services to adjacent sites that are not currently contiguous to the
City of Eagle.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the annexation and rezone from RUT to PS with the existing conditions
contained within the annexation agreement attached as "Exhibit A" to the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
6,2007, 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 no one.
D. Comment was received by one person:
Ronald Rippey 1401 Trout Lane express concern about what the City was getting in exchange for
the annexation
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-13-07 & RZ-17-07 for an annexation
of 545.86 acres and rezone from RUT (Rural Urban Transition-Ada County Designation) to PS
(Public/Semi-Public) with an annexation agreement) attached to the staff report.
CONCLUSIONS OF LAW:
I. Consent for Annexation and the Annexation Agreement was signed by the director of Idaho State
Parks on June 14, 2007. This application for this item was received by the City of Eagle on July 16,
2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on July 23, 2007. 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 17, 2007. Requests for agencies' reviews were
transmitted on July 17,2007, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on July 30,2007.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-17-07
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
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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 consistent with 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 all uses allowed on this property under the proposed zone;
c. The proposed PS (Public/Semi-Public) zoning designation is compatible with the MU-DA
(Mixed Use with development agreement) zone and land use to the north since the rezone
will not result in a change of the existing use as a State Park;
d. The proposed PS (Public/Semi-Public) zoning designation is compatible with the MU-DA
and RUT (Mixed Use with development agreement and Rural Urban Transition - Ada
County) zone and land uses to the west since the rezone will not result in a change of the
existing use as a State Park;
e. The proposed PS (Public/Semi-Public) zoning designation is compatible with the RUT
(Rural Urban Transition - Ada County) zone and land uses to the east and south since the
rezone will not result in a change of the existing use as a State Park;
f. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan since the land is adjacent to both the north and
south channels of the Boise River, however, no development is proposed in either of these
areas, nor within any area of the State Park;
g. There are no non-conforming uses are expected to be created with this rezone.
DA TED this 20th day of August 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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