Findings - CC - 2009 - A-09-09/RZ-10-09 - A/Rz From Rp And Rr To Ps/1,644.54 Acre
BEFORE THE EAGLE CITY COUNCIL
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 annexation and rezone applications came before the Eagle City Council for their action
on October 13, 2009. The Eagle City 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 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.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 28, 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 September 23,
2009. The site was posted in accordance with the Eagle City Code on October 1,2009.
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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.
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 of site 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 S ingle- 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
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
K. NON-CONFORMING USES: None are apparent on the site.
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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
Department of Environmental Quality - Recommends verijj;ing 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.
I. 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.
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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.
ff. Work with the County and land owners to obtain dedications of a 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 FoothiIIs 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.
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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:
. 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-I0-09 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 as provided within their findings of fact and
conclusions of law document, dated September 21,2009.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications were held before the City Council on October 13, 2009, 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 three (3) individuals
(other than the applicant/representative) who indicated that the proposed annexation and rezone is a
great opportunity for the City to work towards the implementation of a regional park in the area which
will enhance the riding experience for area equestrian riders. They also requested that the City Council
allow the equestrian riders to be involved in the regional park planning process.
C. Oral testimony in opposition to this proposal was presented by one (1) individual who indicated that
this will be an unnecessary financial burden to the residents of Eagle for up front improvements and
ongoing maintenance. The individual also indicated that the goals of the regional park could be
achieved by working directly with the Bureau of Land Management (BLM).
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COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 3 to 1 (Shoushtarian against*) to approve A-09-09 and RZ-I0-09 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.
* Councilman Shoushtarian indicated that although he is supportive of a regional park for the city
in the future he would not support the annexation and rezone at this time because of the financial
burden of improvements and maintenance of the property resulting in an additional burden to the
city budget. He also indicated that the City should wait on the annexation and rezone of the
property until such time the R&PP A application for the Eagle Regional Park is approved.
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.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 28, 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 September 23, 2009. The site was posted in accordance with the Eagle City Code on
October 1, 2009.
3. The Council 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;
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 wiIl 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
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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 wiI1 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 wiI1 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.
DA TED this 27th day of October, 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
~. ou IIdd:ahO
1-1& ~
Phif Bandy, Mayor
ATTEST:
~~.=~ I~
Sharon . Bergmann, Eagle City Cle
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