Findings - CC - 2007 - RZ-15-07 - East Hill Waater Reservoir Site Area/Place Water Tank
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE TO PS-DA (pUBLICI )
SEMI-PUBLIC) WITH A DEVELOPMENT )
AGREEMENTFOR THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-15-07
The above-entitled rezone with development agreement application came before the Eagle City Council for
their decision on October 2, 2007, at which time testimony was taken and the public hearing was closed.
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 City of Eagle, represented by William E. Vaughan, is requesting approval ofa rezone
to PS-DA (Public/Semi-Public with a development agreement) for the East Hill Water
Reservoir Site Area for the placement of a water storage tank. The +/- 3 .03-acre site is
generally located approximately 1,200 feet northeast of the Greenbrook Street and
Horseshoe Bend Road intersection adjacent to the Eagle/Ada Sport Complex.
B. APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on June 13, 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 TitIe 67, Chapter 65,
Idaho Code and the Eagle City Code on June 25, 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 ofTitIe 67, Chapter 65, Idaho Code and Eagle City
Code on June 29, 2007. The site was posted in accordance with the Eagle City Code on
July 6, 2007. Requests for agencies' reviews were transmitted on June 18,2007, 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 with the requirements ofTitIe 67, Chapter 65, Idaho Code and the Eagle City
Code on October 12,2007. 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 June 29,2007.
The site was posted in accordance with the Eagle City Code on October 12,2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 10,2007, the Eagle City Council adopted the annexation ordinance for the
property (Ordinance 572).
E. COMPANION APPLICATIONS: N/A
Page 1 of6
K\Planning Dept\Eagle Applications\RZ&A\2001\RZ.15-07 cefdac
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Rural Residential - Ada No Existing Zone* Vacant land
County designation
Proposed No Change PS-DA (Public/Semi-Public Public Service Facility
with a development
agreement)
North ofsite Rural Residential - Ada RR (Rural Residential-Ada Vacant land
County designation County designation)
South of site Rural Residential - Ada RR (Rural Residential-Ada Vacant land
County designation County Designation)
East of site Rural Residential - Ada RR (Rural Residential-Ada Vacant land
County designation County designation)
West of site Public/Semi-Public PS (Public/Semi-Public) Eagle/Ada Sport Complex
* Note-Previous zoning was RR (Rural Residential-Ada County designation) the site was annexed by the City without
a zone to facilitate the construction of the City's potable water storage tank.
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: +/- 3.03-acres
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The City is proposing to rezone the property to PS-DA (Public/Semi-Public with a
development agreement) to accommodate the construction of a water tank for water
storage for the municipal water system.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The City is proposing a development agreement in accordance with ECC Section 8-10-1
(A) to accommodate the placement and construction of a municipal water storage tank on
the site.
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: None apparent on-site.
Page 2 of6
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-15-07 ccfdoc
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
Eagle Fire Department
O. LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS PROVIDED WITHlN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The City of Eagle Water System Development Plan Map designates this site as "1.0 MG Eagle
Sports Park Reservoir."
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code, Section 8-1-2 PUBLIC SERVICE FACILITY (definition):
The erection, construction, alteration, operation or maintenance of buildings, power plants
or substations, water treatment plants or pumping stations, sewage disposal or pumping
plants and other similar public services structures by a public utility, by a railroad whether
publicly or privately owned, or by a municipal or other governmental agency, including
the furnishing of electrical gas, rail transport, communication, public water and sewage
servIces.
. Eagle City Code, Section 8-2-1 PS PUBLIC/SEMIPUBLIC:
To provide for Public/Semi-Public development such as golf courses, parks, recreation
facilities, greenways, schools and public service facilities such as government offices.
. Eagle City Code, Section 8-10-1 (A):
Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
C. DISCUSSION:
. Staff believes that a PS-DA (Public/Semi-Public with development agreement) zoning
designation for this site and the requested use is appropriate since the parcel has been
identified in the City of Eagle 2007 Comprehensive Plan for the use as a water storage facility.
. In accordance with ECC Section 8-10-1 (A), the City is proposing a development agreement to
accommodate the placement and construction of a municipal water storage tank on the site.
. 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 ofPS-DA (Public/Semi-Public with a development
Page 3 of6
K:\Planning Dept\Eagle Applications\RZ&A \2007\RZ-15-07 ccfdoc
agreement) is in accordance with the proposed land use described within the
Comprehensive Plan;
b. The proposed PS-DA (Public/Semi-Public with a development agreement) will
accommodate the placement and construction of a municipal water storage tank to serve
future development within the City of Eagle;
c. The proposed PS-DA (Public/Semi-Public with a development agreement) is compatible
with the PS (Public/Semi-Public) zone and land use to the west since that area is
designated on the Comprehensive Plan Land Use Map as Public/Semi-Public and a public
use exists on the site;
d. The proposed PS-DA (Public/Semi-Public with a development agreement) is compatible
with the RR (Rural Residential- Ada County designation) zone and land uses to the
north, east, and south;
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the
requested rezone from RR (Rural Residential - Ada County designation) to PS-DA
(Public/Semi-Public with a development agreement) with conditions to be placed within a
development agreement as provided 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 July 16,
2007. The application was continued to 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 (other than the applicant/representative)
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-15-07 for a rezone from RR (Rural
Residential - Ada County designation) to PS-DA (Public/Semi-Public with a development
agreement) with the staff recommended conditions to be placed within a development agreement
provided within their findings of fact and conclusions of law document, dated August 6, 2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on October 2,2007, at
which time testimony was taken and the public hearing was closed. The Council made their
recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Council (other than the
applicant/representative ).
C. Oral testimony in opposition to this proposal was presented to the Council (other than the
appl icant/representative)
Page 4 of6
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-1S.07 ccf.doc
COUNCIL DECISION:
The Council voted 3 to 0 (Bastian absent) to approve ofRZ-15-07 for a rezone from RR (Rural
Residential- Ada County designation) to PS-DA (Public/Semi-Public with a development
agreement) with the following conditions to be placed within a development agreement:
2.1 Except for the limitations and allowances expressly set forth above and the other terms
of this Agreement, the Property can be developed and used consistent with the
Public/Semi-Public District land uses allowed by the Eagle City Code Section 8-2-3
"Official Schedule of District Regulations", existing at the time a design review
application or conditional use permit application (whichever the case may be) is made.
All uses shown as "P" permitted under the PS zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered
permitted uses and all uses shown as "c" conditional uses under the PS zoning
designation shall require a conditional use permit, except that, the use "Public service
facilities" shall be considered a "P" permitted use on the Property.
2.2 The Applicant shall submit a Design Review application for the site prior to the
issuance of any building permits.
2.3 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 13,2007.
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 June 25, 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 June 29, 2007. The site was posted in accordance
with the Eagle City Code on July 6, 2007. Requests for agencies' reviews were transmitted on June 18,
2007, 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
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 12,
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 June 29, 2007. The site was posted in accordance with the Eagle City Code on
October 12, 2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-15-07) 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 ofPS-DA (Public/Semi-Public with a development agreement)
is in accordance with the proposed land use described within the Comprehensive Plan;
Page 5 of6
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-15-07 ccfdoc
b. The proposed PS-DA (Public/Semi-Public with a development agreement) will accommodate the
placement and construction of a municipal water storage tank to serve future development within
the City of Eagle;
c. The proposed PS-DA (Public/Semi-Public with a development agreement) is compatible with the
PS (Public/Semi-Public) zone and land use to the west since that area is designated on the
Comprehensive Plan Land Use Map as Public/Semi-Public and a public use exists on the site;
d. The proposed PS-DA (Public/Semi-Public with a development agreement) is compatible with the
RR (Rural Residential - Ada County designation) zone and land uses to the north, east, and south;
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
DATED this 13th day of November 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
",,'1 ......,'.,
", ~ A G1. ff,
" ~ P b'.
~.. 0 ........ <: ..
~ ~. -.-
I ~ ..'" o\lA l' ~ ... .. ".::.
= ...: ~~ ~:
: (.): 0 , _: :
: : c.; ,. ". ~: 0 :
. e G ~y~. .
;. .. \ S l.-' .$': ::c $
~ e. /+ ~".. '\" ~
~ ...("ORPO~.."....
.... S ....... ." ....
......... l' A. T EO\' ........
....'..111..".....
ATTEST:
lR lL4-<L- ~ ~-rJ
Sharon K. Bergmann, Eagle City Cler
Page 6 of6
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-15-07 ccf.doc