Loading...
Findings - PZ - 2009 - A-09-09/RZ-10-09 - Rz From Rp And Rr To Ps/1,644.54 Acre Site Located Foothills N. Homer Rd BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RR AND RP (RURAL RESIDENTIAL ) AND RURAL PRESERVATION) TO PS ) (PUBLIC/SEMIPUBLIC) FOR THE CITY ) OF EAGLE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-09-09 & RZ-IO-09 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation on September 14, 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; FINDINGS OF FACT: A. PROJECT SUMMARY: The Bureau of Land Management (BLM) has consented to allow the City of Eagle to annex property associated with the proposed Eagle Regional Park. The City of Eagle is requesting approval of an annexation and rezone from RP and RR (Rural Preservation and Rural Residential- Ada County Designation) to PS (Public/Semipublic). The 1,644.54- acre site is generally located in the foothills north of Homer Road approximately 2,560- feet east of State Highway 16 and 4,500-feet west of Willow Creek Road. B. APPLICATION SUBMITTAL: An open house regarding the acquisition and management of the property associated with the proposed Eagle Regional Park was held at Eagle City Hall, from 4:30 - 7:00 PM, on April 9, 2009. The application for this item was received by the City of Eagle on August 10,2009. 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 August 24, 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 August 24,2009. The site was posted in accordance with the Eagle City Code on September 3,2009. Requests for agencies' reviews were transmitted on August 10, 2009, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: Correspondence was received from Rosemary Thomas, with the Bureau of Land Management (BLM), date stamped by the City on August 3, 2009, indicating the BLM has no objection to the annexation of the tract in to the corporate limits of the City. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of6 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-09-09 & RZ-1O-09 pzfBLM property. doc F COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing CitylBLM (Regional Park) RR (Rural Residential - Ada Public land County Designation) Proposed No Change PS (Public/Semipublic) Eagle Regional Park North ofsite Foothills Residential RP and RR (Rural Single-family residences Preservation and Rural and vacant land (Proposed Residential-Ada County M3 Planned Unit Designations) Development) South of site Transitional Residential RUT and RR (Rural-Urban Single-family residential and Residential Rural Transition) and Rural and agricultural land Residential-Ada County (proposed Terra View Designations) development and Hartley Lane planned unit development) East of site Foothills Residential Rural Residential-Ada Single-family residential County Designations) (large parcels) West of site Foothills Residential and RP and RR (Rural Single-family residential Rural Residential Preservation and Rural (large parcels) Residential-Ada County Designations) F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. G. TOTAL ACREAGE OF SITE: +/- 1644.54-acres H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: The City is proposing to rezone the property to PS (Public/Semipublic) to accommodate the development of the Eagle Regional Park. I. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: N/A 1. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. K. NON-CONFORMING USES: None are apparent on the site. L. 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: Bureau of Land Management (BLM) - No objection to the annexation of the tract Central District Health Department - No objections to the proposal Chevron Pipeline - No conflicts with the pipeline Page 2 of6 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-09-09 & RZ-10-09 pzfBLM property. doc Department of Environmental Quality - Recommends verifying that there is adequate water and sewer to serve the project. Star Joint Fire Protection District - Provided who is responsible for fire suppression in this area. M. LETTERS FROM THE PUBLIC: STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 1 Overview 1.1 City of Eagle Statement of Purpose a. To ensure that adequate public facilities and services are provided to the people at reasonable cost. b. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced. c. To ensure that the important environmental features of the City and its AOI are protected and enhanced. g. To ensure that the development of land is commensurate with the physical characteristics of the land. l. To protect fish, wildlife, and recreation resources. Chapter 6 Land Use 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 conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle 6.6 Land Use Implementation Strategies a. Conserve the natural features and resources of Eagle. Page 3 of6 K:\Planning Depl\Eagle Applications\RZ&A\2009\A-09-09 & RZ-10-09 pzfBLM property. doc ff. Work with the County and land owners to obtain dedications ofa trail network from the Foothills and proposed Eagle Regional Park through the foothills and connecting south into the existing City to the Boise River. 6.8.11 North Foothills Planning Area a. Goals 2. Establish a significant regional open space network in order to formalize the existing recreational uses, environmentally sensitive area and connections between them through creative design, voluntary dedications, incentive and governmental acquisition or exchange. 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. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None C. DISCUSSION: · The site is designated CitylBLM (Regional Park) on the Comprehensive Plan Land Use Map. The site is also located within the North Foothills Planning Area. The City is requesting a PS (Public/Semipublic) zoning designation, which is commensurate to the Comprehensive Plan designation. · The City of Eagle submitted an application to the Bureau of Land Management (BLM) in 2006 requesting consideration under the Recreation and Public Purposes Act (R&PPA) to acquire approximately 2,000-acres of land located immediately north of the City. After a significant amount of time planning for the Eagle Foothills inclusive of the subject property the City submitted the remaining application elements on June 4, 2009, to the BLM for review and consideration. Annexation allows the City to apply park impact fees for the development of the Eagle Regional Park to continue to expand within the Eagle Area of City Impact, and to provide services to adjacent sites that are not currently contiguous to the City of Eagle. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 14, 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 two (2) individual who indicated they were in favor of the application however they requested the following items be addressed when developing the regional park: Page 4 of6 K:\Planning Dept\Eagle Applicalions\RZ&A\2009\A-09-09 & RZ-IO-09 pzfBLM property. doc . Trail Heads . Location . Park Access . Trail Head Size . Trail Head Maintenance . Signage . Trails . Location . Buffer Zone Between Trails and Residences . Trail Surfaces . Signage . Trail Maintenance . Water Hydrant at Linder Road Trail Head C. Oral testimony in opposition of this proposal was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in favor nor in opposition of this proposal was presented by one (1) individual who owns property adjacent to the site and is concerned that their access may be removed and requested that if approved the city works towards not restricting the current access by adjacent land owners. COMMISSION DECISION: The Commission voted 4 to 0 (Roehling absent) to recommend approval of A-09-09 and RZ-l 0-09 for an annexation and rezone from RR and RP (Rural Residential and Rural Preservation - Ada County designation) to PS (Public/Semipublic) for the City of Eagle. CONCLUSIONS OF LAW: 1. An open house regarding the acquisition and management of the property associated with the proposed Eagle Regional Park was held at Eagle City Hall, from 4:30 - 7:00 PM, on April 9, 2009. The application for this item was received by the City of Eagle on August 10, 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 August 24, 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 August 24, 2009. The site was posted in accordance with the Eagle City Code on September 3,2009. Requests for agencies' reviews were transmitted on August 10, 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-I0-09) in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and has made the following conclusions with regard to the proposed rezone: a. The requested zoning designation of PS (Public/Semipublic) is commensurate with the Public/Semi-Public designation as shown on the Comprehensive Plan Land Use Map; Page 5 of6 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-09-09 & RZ-IO-09 pzfBLM property. doc 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/Semipublic) zoning designation is compatible with the RP and RR (Rural Preservation and Residential Rural - Ada County designation) zone and land use to the north since that area is a portion of the proposed M3 development and the area will be developed in the future with uses which will be cohesive with this site; and d. The proposed PS (Public/Semipublic) zoning designation is compatible with the RR and RUT (Residential Rural and Rural-Urban Transition - Ada County) zone and land uses to the south since that area contains residential dwellings located on large lots; the requested rezone will facilitate a regional park that will restrict the number of uses currently occurring on the site therefore reducing the impacts to the adjacent property; and e. The proposed PS (Public/Semipublic) zoning designation is compatible with the RP and RR (Rural Preservation and Residential Rural - Ada County designation) zone and land uses to the west since that area contains single-family dwellings on large parcels; the requested rezone will facilitate a regional park that will restrict the number of uses currently occurring on the site therefore reducing the impacts to the adjacent property; and f. The proposed PS (Public/Semipublic) zoning designation is compatible with the RR (Rural Residential - Ada County) zone and land uses to the east since that area contains single-family dwellings on large parcels; the requested rezone will facilitate a regional park that will restrict the number of uses currently occurring on the site therefore reducing the impacts to the adjacent property; and g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan since the site is located in the North Foothills Area and all concerns will be addressed at the time of development of the Eagle Regional Park; and h. There are no non-conforming uses are expected to be created with this rezone. DATED this 21st day of September 2009. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~ {- y-? =---- . . ' ~ . . . a '... ..' .\~" Ol~ ,;..... .,' G.......... "/^". :._ e. \;~ -. : .. ,.. oRPO.t .."(' ":. :It.v ..,...\tt\'=- .. ~. ; : ~: " . ...... . : ..... . . (j) \"i. A I · ~ : . ~ -.ro _ ... ! _ .!P.Il ~, . .. " , 'A ..~"ATED \~.. 0 .... ". 'i? ....... ~ .... ..... OF 10 p.. """ ...".......',,' ATTEST: Page 6 of6 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-09-09 & RZ-IO-09 pzf BLM property. doc