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Findings - PZ - 2009 - A-03-09/RZ-03-09 - Rz From Rut To R2-Da-P/78.13 Acre/1252 N. Emmett Hwy BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RUT (RURAL-URBAN TRANSITION) ) TO R-2-DA-P (RESIDENTIAL TWO UNITS ) PER ACRE MAXIMUM WITH A DEVELOPMENT) AGREEMENT-PUD) FOR EAGLE SPORTS ) LEGENDS INVESTMENTS #2, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-03-09 & RZ-03-09 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on June 18, 2009. The Eagle Planning and Zoning 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; STAFF FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle Sports Legends Investments #2, LLC, represented by John Rennison, P.E., with Rennison Fodrea, Inc., are requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) to R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD). The 78.13-acre site is generally located on the southeast comer of State Highway 16 and W. Floating Feather Road at 1252 N. Emmett Highway. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:30 PM, Wednesday, March 18, 2009, at the Legacy Sales Center located at 5086 West Olympic Park, Eagle, ID, 83616 in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 20,2009. 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 May 4,2009. 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 May 1, 2009. The site was posted in accordance with the Eagle City Code on May 6, 2009. Requests for agencies' reviews were transmitted on April 2, 2009, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 8, 2006, the City Council approved an annexation and rezone with development agreement for the Legacy Planned Unit Development (A-19-05/RZ-13-05). Although this parcel was not annexed and rezoned with the Legacy Planned Unit Page 1 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc Development the development agreement associated with the Legacy Planned Unit Development (Instrument # 1 061161990) references this site as a future expansion parcel. On September 18,2007, the Eagle City Council approved a modification to the development agreement to provide a time schedule for the build out of the Academy Core area located within Mosca Seca Subdivision located within the Legacy Planned Unit Development for Idaho Development Services, Inc. (RZ-13-05 MOD I) On February 19,2008, the Eagle City Council approved a modification to the Conditions of Development and associated exhibits within the development agreement (Instrument #106161990) for the Legacy Planned Unit Development for Idaho Development Services, Inc. (RZ-13-05 MOD2) E. COMPANION APPLICATIONS: All applications are inclusive herein. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (up to RUT (Rural-Urban Transition Agriculture two (2) dwelling unit per - Ada County Designation) acre) Proposed No change R-2-DA-P (Residential up to Residential (Expansion two units per acre maximum parcel of proposed Legacy with a development Planned Unit Development) agreement - PUD)* North of site Residential Two (up to RUT (Rural-Urban Transition Agriculture two (2) dwelling unit per - Ada County Designation) acre) South of site Residential Two (up to R-2-DA-P (Residential up to Agriculture (Undeveloped two (2) dwelling unit per two units per acre maximum portion of Legacy Planned acre) with a development Unit Development) agreement - PUD) East of site Residential Two (up to R-2-DA-P (Residential up to Two residential homes and two (2) dwelling unit per two units per acre maximum undeveloped portion of acre) with a development Legacy Planned Unit agreement - PUD) Development West of site Mix-Use Development RUT (Rural-Urban Transition Agriculture (City of Star - Ada County Designation) Comprehensive Plan) *Note - Site is recognized as an expansion parcel within the Legacy Development, RZ-I3-05, Instrument # 1 06161990 H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. I. TOTAL ACREAGE OF SITE: +/- 78.13 acres Page 2 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See letter date stamped by the City on March 20, 2009, submitted by the applicant's representative (attached to the staff report). K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See letter date stamped by the City on March 20, 2009, submitted by the applicant's representative (attached to the staff report). L. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The Eagle Sewer District is currently constructing a regional sewer lift station located within the Legacy Planned Unit Development and adjacent to Palmer Lane. This site is also within the City of Eagle Municipal Water Service Area and pursuant to the development agreement associated with the site the applicant will be required to acquire and develop sufficient water rights and wells for the purpose of serving the development. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - yes - associated with Little Gulch and located at the northwest comer of the site Mature Trees - yes - in proximity to the existing residence located at the southwest comer of the site Riparian Vegetation - yes - adjacent to the ditch banks Steep Slopes - yes - adjacent to the ditch banks Stream/Creek - yes - irrigation ditch Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - none Wildlife Habitat - none O. NON-CONFORMING USES: The existing residence located on site is approximately thirty feet (30') from the property line adjacent to State Highway 16. With the dedication of additional right-of-way for State Highway 16, the structure will be located within the right-of-way. Also should the annexation and rezone to R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD) be approved, an abandon hog farm with associated structures on the property should be removed. P. 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: Ada County Highway District - ACHD Planning Review staff provided site-specific requirements, conditions of approval and street improvements, which the District may require with future development applications. ACHD staff also addressed the realignment of Floating Feather Road which will pass through this site. Page 3 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc Central District Health Department - Indicated future development will be required to be served by central sewer and central water and all septic tanks on site will need to be properly abandoned. Chevron Pipe Line Co. - Indicated there are no conflicts with the pipe line and they are clear to dig. Department of Environmental Quality - Requested that the water and sewer providers be contacted to ascertain that there is adequate services in the area. Star Joint Fire Protection District - Indicated that all questions or negotiations concerning fire protection are to be addressed to them and indicated they do not oppose the annexation or rezone. Idaho Transportation Department - Indicated that SH-16 is under consideration for extensive improvements. Access for the development should be from Floating Feather Road with no direct access to SH-16 and the applicant should provide a 100' setback from the centerline of SH-16. All pathways or sidewalks adjacent to the highway frontage should be constructed by the developer. Stoppello & Kiser (representing Middleton Mill Ditch Company, Middleton Irrigation Association, and Foothill Ditch Company) - Indicated the applicant will need written approval of the canal companies prior to any construction, alteration, and connection of a pressurized irrigation system. The correspondence also indicates there should be no improvements within the canal right-o.fway, which is generally twenty-five feet (25') on each side of canal bank measured from the top of the ditch bank. The correspondence also recommends that the right-o.fways be platted as common lots. Q. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map (adopted 11-27-07) designates this site as: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. · Chapter 6 - Land Use 6.8.3 Floating Feather Residential Area The Floating Feather Residential Area is designated as residential with limited ancillary uses to be incorporated as allowed by the planned unit development standards. This area should provide trails, open space, and parks in conjunction with varied housing options. The overall density of the area is up to 1-2 units per acre. Page 4 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc a. Uses The land use and development policies specific to the Floating Feather Residential Area include the following: 1. Integration of mixed residential lot sizes at an overall density of 1-2 units per acre; 2. Ancillary neighborhood commercial and retail uses that focus on serving the immediate Floating Feather Area; 3. Setbacks from streams, irrigation and drains for trails and open space; b. Access Access to the area from Highway 16 shall be limited to Floating Feather Road and the YJ mile ring road to be located to the south of the area. All uses shall rely on internal local road circulation and a proper street hierarchy to safely and efficiently move traffic through the area without forcing local trips onto the regional roadway network. Floating Feather Road is identified as an urban collector from Highway 16 to Linder Road. Special consideration should be made for the improvement and realignment of Floating Feather Road. Design standards should include separated sidewalks and street trees similar to Old State Street west of Eagle Road. The Highway 16 corridor should be designated as a scenic corridor requiring berming and landscaping within the City of Eagle. At the western edge ofthis area, Linder Road will merge with the proposed east/west boulevard. The boulevard should be designed to include street trees, separated sidewalks and landscaped medians. Sufficient rights-of-way and setbacks should be preserved to facilitate the construction of this roadway. c. Design This area should be recognized as the signature residential area for the Western Planning Area. The integration of varying lot sizes and uses should be seamless with continuity of street design, open space, trails and housing throughout that area. Floating Feather Road and State Highway 16 is designated as a minor gateway to the City of Eagle with appropriate landscaping, entry features and place-making features integrated into the design of the area. Lot configuration and housing sizes should be mixed throughout the area to provide a variety of housing options within a single neighborhood or development. d. Issues The main concerns in the development of the area are the integration of varying lot sizes and housing styles. The vision for the area is contingent on the integration of uses and providing a flow of housing units throughout the area to avoid creating defined separation from estate areas and patio home areas, for example. Further, the provision of open space and trails through the area should Page 5 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc be a key element in the approval process for developments that are proposed in the area. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code, Section 8-1-2 Rules and Definitions: Open Space: A common area platted as a separate lot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development. Open Space, Active: Common area which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this title may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and the like. Open Space, Passive: Common area which includes, but is not limited to, landscaped buffer areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, excluding active open space areas. · Eagle City Code, Chapter 6 Planned Unit Developments, Section 8-6-5-2 Common Area: A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land area developed in any residential PUD project shall be reserved for common area open space and recreational facilities for the residents or users of the area being developed. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4.1 Residential Development 3.4.1.1 Up to 1,373 dwelling units may be developed on the Property. 3.4.1.2 Residential development on the Property shall not exceed a total of 437.3 acres nor substantially exceed the acreages for the housing types set forth in the below table: Page 6 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc Product e Townhouse Patio Custom Estate A rox. Lot Size 3,800-4,999 SF 5,000-7,999 SF 8,000-11,999 SF 12,000+ SF Approx. Acrea e 35.7 116.0 136.5 149.1 3.4.1.3 The total number of townhouses developed on the Property shall not substantially exceed 20% of the aggregate dwelling units allowed, with the mixture of residential uses generally conforming to the following categories: Product Tvoe Aoorox. Lot Size % of Units Aoorox. Number of Units Townhouse 3,800-4,999 SF 14-20% 192-275 Patio 5,000-7,999 SF 32-40% 439-549 Custom 8,000-11,999 SF 28-35% 384-481 Estate 12,000+ SF 16-25% 220-343 Not to exceed 1,373 3.4.2 Expansion of Planned Unit Development 3.4.2.1 Recognizing the uniqueness of each planned unit development, Eagle City Code, Title 8, Chapter 6 allows for the inclusion of adjacent property within such a development, thus providing for its expansion in area. Subject to the requirements of this Section and applicable law, the planned unit development (the "PUD") for the Property may be expanded to include the "Expansion Parcels" depicted in Exhibit F attached hereto and incorporated herein, with any of the 1,373 dwelling units not being developed on the Property being allocated and assigned for development on the Expansion Parcels. Any such application for expansion must be filed with Eagle within three years from the recording of the first final plat for the Property. 3.4.2.2 Annexation of the Expansion Parcels into the PUD shall be subject to Eagle City Code, Title 8, Chapter 6 and be approved by the Eagle City Council following public hearing in accordance with all applicable laws and ordinances in effect as of the date of annexation. 3.4.2.3 Upon annexation of one or more ofthe Expansion Parcels into the PUD, such annexed property shall be granted a development density of 2.2 units per acre. In addition to such density, an overall development density of up to three units per acre may be granted at the time of preliminary plat approval based upon (a) the overall design and integration of open space as designated in Section 3.4.2.4 of this Agreement and demonstrated in the preliminary plat application, and (b) Applicants' assignment and transfer for use in such Expansion Parcels of one or more of the 1,373 residential dwelling units approved by the PUD for development on the Property. With and upon each such assignment and transfer, the maximum allowed density of development on the Property shall be reduced by a like number as transferred to the Expansion Parcels. 3.4.2.4 All Expansion Parcels shall provide a minimum of 15% open space, with each such parcel including at least a 1.5 acre neighborhood park. A minimum of 60% of the Page 7 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc open space shall be "Active Open Space," with the remainder being "Passive Open Space." (Active Open Space shall be defined as neighborhood areas that provide gathering areas for active recreation (e.g., open fields, swimming pools, tot lots, and trails); Passive Open Space shall be defined as neighborhood areas that provide a combination of linear open space and scenic features (e.g., ponds, berms, and view corridors). ) 3.4.2.5 All annexed Expansion Parcels shall be connected both internally to the Property as well as externally to the greater Eagle community. Stub streets should be identified for all proposed Expansion Parcels and noted in deeds and signage as a street, as required by the Ada County Highway District (the "ACHD") and Eagle. 3.4.3 Commercial/Office Development 3.4.3.1 Office and commercial use shall be limited to 5% of the Property. The Property shall be developed in compliance with the Eagle City Code and Eagle's Comprehensive Plan, as adopted at the time this Agreement is recorded, except as otherwise provided herein. 3.4.3.5 The office/commercial portion shall be developed as ancillary office and commercial areas, intended to serve the Property. 3.4.3.6 For each acre converted from residential to office/commercial use 2.2 units shall be removed from the total maximum allowed number of dwelling units of 1,373 that may be developed on the Property or transferred to Expansion Parcels. 3.10 Applicants shall comply with all rules, regulations, and ordinances of Eagle except as otherwise provided herein, including but not limited to applications for development permits as required by Eagle City Code Title 10 (Flood Control). 3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16, Linder Road, Floating Feather Road, and the east/west collector and Palmer Lane, which landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on Exhibit I attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The landscaping, including street trees and pathways, shall be reviewed and approved as required by the applicable provisions in the Eagle City Code and as set forth below: 3.11.1 A 75 foot wide landscape strip along State Highway 16 shall include a minimum ten foot high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. All buffers should be located outside a 150 foot setback from centerline for right-of-way dedication to the Idaho Transportation Department (the "ITD"). 3.11.2 A 50 foot wide landscape strip along Linder Road and Floating Feather Road shall include a minimum eight foot high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. Page 8 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc D. DISCUSSION: · The Comprehensive Plan Land Use Map designates this site as Residential Two and Scenic Corridor. The Comprehensive Plan Land Use Map also designates this area to be located within the Floating Feather Planning Area. The applicant is requesting an R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD) zoning designation utilizing the development agreement and development agreement modifications executed for the Legacy Planned Unit Development. · The applicant provided a Legacy Expansion Parcel "Concept Plan", date stamped by the City on March 30, 2009. The provided "Concept Plan" is a bubble plan showing the locations of proposed single-family residential (approximately 29.0-acres), multi-family residential (approximately 20.7-acres), and commercial (approximately 12.9-acres) areas on the site. The "Concept Plan" also shows a park (approximately 2.8-acres) area centrally located adjacent to a frontage road, an area for the future Floating Feather Road realignment, and future right-of- way for State Highway 16. Should this application be approved with the development agreement executed for the Legacy Planned Unit Development the allowed density for this parcel will be 2.2 dwelling units/acre; up to 3 dwelling units/acre may be developed on the site should the number of units exceeding the 2.2 dwelling units/acre base density be transferred from other areas of the Legacy development. Therefore, based on 65.23 acres of residential (total acreage of the site minus the commercial areas shown on the "Concept Plan") the number of residential units which may be allowed on the site isl43-residential units with the possibility of up to 195-residential units if the additional fifty-two (52) residential units are transferred from other areas of the Legacy site. · During the hearing process for the Legacy development, this subject site was recognized as a future expansion parcel of the Legacy Planned Unit Development. Should the requested annexation and rezone with development agreement be approved, future development of the site will be required to occur pursuant to the Conditions of Development within the development agreements executed for the rezone (RZ-13-05, Inst. # 1 06161990, and RZ-13-05 MODl and MOD2, Inst. #109008326) associated with the Legacy Planned Unit Development. With the annexation and rezone of this site an addendum to the development agreement inserting the "Concept Plan", date stamped by the City on March 30, 2009, as an exhibit to the existing development agreement is necessary. The applicant should also be required to modify the original development agreement associated with the Legacy Planned Unit Development to amend the Residential Development section to reflect the additional dwelling unit counts, housing types, and percentage of residential uses within the Legacy Planned Unit Development. The development agreement may also need to be modified to address any additional items which may be pertinent to this location and proposed uses. · The "Concept Plan" date stamped by the City on March 30, 2009, shows a portion of the commercial area located adjacent to Highway 16 within an area that the Comprehensive Plan Land Use Map designates as Scenic Corridor. The Land Use chapter of the Comprehensive Plan identifies Scenic Corridor as an overlay area in which significant setbacks from major corridors are to be provided. The purpose of these setbacks is to allow for berming, enhanced landscaping, detached meandering pathways, and appropriate signage controls. This is addressed through Conditions of Development No. 3.11.1, which requires the applicant to provide a seventy-five foot (75') wide landscape strip containing a minimum ten foot (10') high berm/wall combination with extensive landscaping pursuant to Eagle City Code. Page 9 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc As required within the Conditions of Development for the Legacy Planned Unit Development, (Condition No. 3.4.3.5), the office/commercial portion shall be developed as ancillary office and commercial areas intended to serve the Property. Although the commercial area is shown to be located adjacent to Highway 16 it should be noted that the purpose of the commercial areas within the Legacy Planned Unit Development are to serve residents within the development and not designed as a commercial area dependant on trip capture from Highway 16. The commercial area adjacent to Highway 16 does not preclude the applicant from the requirement of constructing the buffer area adjacent to the highway (pursuant to Condition of Development No. 3.11.1) since it serves to buffer proposed residential development from the highway and also to ensure that proposed commercial areas adjacent to the highway remain internally focused and preserve the scenic corridor. 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 from RUT (Rural-Urban Transition-Ada County Designation) to R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD) with the conditions of development and subsequent modifications of those conditions of development as approved for the Legacy Planned Unit Development, application number RZ-13-05 and RZ-13-05 MODI and MOD2, (Instrument # 106161990 and Instrument #109008326). Staff also recommends that an addendum to the development agreement be executed for the "Concept Plan" to be inserted into the development agreement as an exhibit. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 4, 2009, 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. Oral testimony neither in favor nor in opposition was presented to the Planning and Zoning Commission by one (1) individual who lives adjacent to the site and has concerns regarding a future frontage road and associated traffic, berming adjacent to the property, heights of homes in proximity to their residence, density, multi-family dwellings utilized as apartments, and ensuring that they continue to receive irrigation water from Dry Creek Ditch Company. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of A-03-09 and RZ-03-09 for an annexation and rezone from RUT (Rural-Urban Transition) to R-2-DA-P (Residential two units per acre maximum with a development agreement - PUD) for Eagle Sports Legends Investments #2, LLC, with the conditions of development and subsequent modifications of those conditions of development as approved for the Legacy Planned Unit Development, application number RZ-13- 05 and RZ-13-05 MODI and MOD2, (Instrument # 106161990 and Instrument #109008326). The Commission also recommends that an addendum to the development agreement be executed to insert the "Concept Plan" into the development agreement. Page 10 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:30 PM, Wednesday, March 18, 2009, at the Legacy Sales Center located at 5086 West Olympic Park, Eagle, 10, 83616 in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 20, 2009. 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 May 4, 2009. 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 May 1,2009. The site was posted in accordance with the Eagle City Code on May 6, 2009. Requests for agencies' reviews were transmitted on April 2, 2009, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-03-09) 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 R-2-DA-P (Residential-up to two (2) units per acre maximum with a development agreement, PUD) is consistent with the 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 pursuant to the development agreement associated with the site, to serve all uses allowed on this property under the proposed zone; c. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development agreement maximum, PUD) is compatible with the RUT (Rural-Urban Transition - Ada County designation) zone and land use to the north since that area has the same Comprehensive Plan land use designation and may be developed in a similar manner as this development, and; d. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development agreement maximum, PUD) is compatible with the R-2-DA-P (Residential-up to two (2) units per acre with a development agreement maximum, PUD) zone and land use to the south since that area is also a part of the Legacy Planned Unit Development and will be developed in accordance with the development agreement for the project at a later date; e. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development agreement maximum, PUD) is compatible with the R-2-DA-P (Residential-up to two (2) units per acre with a development agreement maximum, PUD) land use to the east since that area is also a part of the Legacy Planned Unit Development and will be developed in accordance with the development agreement for the project at a later date; f. The proposed R-2-DA-P (Residential-up to two (2) units per acre with a development agreement, PUD) is compatible with the RUT (Rural-Urban Transition - Ada County Designation) zone and land use to the west since the City of Star's Comprehensive Plan designates that area as Mix-use Development and Highway 16 is located between that area and the proposed development; g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan. The northwest comer of the site lies within Zone A of the Little Gulch Floodplain area as indentified on Flood Insurance Rate Map, Panel No. 16001C0130H, dated February 19,2003. The development of the site will be required to meet Page 11 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc the requirements of ECC, Title 10, Flood Control or will be required to submit a LOMR (Letter of Map Revision) removing the site from the floodplain through FEMA (Federal Emergency Management Administration) and the City of Eagle; and h. The applicant will be required to remove all existing structures on the site prior to approval of a final plat for the site. Therefore, no non-conforming uses are expected to be created with this rezone. DA TED this 1 st day ofJune, 2009. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~ ~~--?~ Gary Tanner, Chairman A 1;tEST: ...,...........,'.. .... ~ fI,GLf: " .' O~ J........ "", .- .. , tI. y.l'..I/:' ..... ~ ...... ~ ..; -. .... .. U: 0 .' : 0 : :u '.1'>...V~:::J:: .. vl-~... :. .. <; '" .;]: ~ ~ -.. ..... . ...'". ~ ~ -.. ... II. ,.~,:,~.. G" ~ #, ....... O'~ "," '" S I .\ 'r~ "'.... ',,' ".. ""fU""'" Page 12 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-03-09 & RZ-03-09 pzfEagle Sports Legends.doc