Findings - PZ - 2009 - A-10-09/RZ-11-09 - Rz From Rp To Ps/277.81 Acre
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RP (RURAL PRESERVATION) )
TO PS (PUBLIC/SEMIPUBLIC) FOR THE )
CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-IO-09 & RZ-ll-09
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on September 21,2009. 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 public land to facilitate the creation of the proposed Eagle Regional Park. The City
of Eagle is requesting approval of an annexation and rezone from RP (Rural Preservation
- Ada County designation) to PS (Public/Semipublic). The 277.81-acre site consisting of
two (2) parcels (parcel numbers S0220438500 and S0221233800) is generally located
approximately 0.5 miles north of the intersection of Quarter Circle Drive and Willow
Creek Road adjacent to each side 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
September 1,2009.
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 in the Idaho Statesman on September 5, 2009, and in
the Valley Times on September 7, 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 1, 2009. The site was posted in accordance with the Eagle City Code on
September 10, 2009. Requests for agencies' reviews were transmitted on September 1,
2009, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
Page 1 of6
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-lO-09 & RZ-II-09 pzfBLM property (Willow Cr).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 residence,
Preservation and Rural State of Idaho land and
Residential-Ada County vacant land (Proposed M3
Designations) Planned Unit Development)
South of site Foothills Residential and RP and RR (Rural Single-family residences
Residential Rural Preservation and Rural and vacant land
Residential-Ada County
Designations)
East of site Foothills Residential Rural Residential-Ada Vacant land
County Designations)
West of site Foothills Residential and RP and RR (Rural Single-family residential
Rural Residential Preservation and Rural (Highlander Estates
Residential-Ada County Subdivision No.2) and
Designations) vacant land
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: +/- 277.81-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. AVAILABILITY 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.
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 - Indicated no objection to the proposal
Chevron Pipeline - No conflicts with the pipeline
Star Joint Fire Protection District - Indicated the parcels are located within the Eagle Fire
District.
M. LETTERS FROM THE PUBLIC: None received to date.
Page 2 of6
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-lO-09 & RZ-II-09 pzfBLM property (Willow Cr).doc
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.
1. 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.
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
Page 3 of6
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-lO-09 & RZ-II-09 pzfBLM property (Willow Cr).doc
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 consistent with 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 ofthe 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 21, 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 opposed to the application was presented by one (1) adjacent
property owner who inquired why we are annexing out so far out from the city and if the city is
intending on annexing Stillwell Estates Subdivision.
Page 4 of6
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-1O-09 & RZ-II-09 pzfBLM property (Willow Cr).doc
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of A-I0-09 and RZ-ll-09 for an
annexation and rezone from RP (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 September 1,2009.
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 in the Idaho Statesman on September 5, 2009, and in the Valley Times on September 7, 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 1, 2009. The site was posted in accordance with the Eagle City Code on
September 10, 2009. Requests for agencies' reviews were transmitted on September 1, 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-II-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 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/Semipublic) zoning designation is compatible with the RP
(Rural Preservation- Ada County designation) zone and land use to the north since
that area contains State of Idaho land and a portion of the proposed M3 development
(which will be a part of the proposed Eagle Regional Park) and the rezone will not
result in a significant change which will impact the adjacent property; and
d. The proposed PS (Public/Semipublic) zoning designation is compatible with the RP
and RR (Rural Preservation and Residential Rural- Ada County) zones and land uses
to the south since that area contains residential dwellings located on large parcels and
a large agricultural parcel and 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) zones
and land uses to the west since that area contains single-family dwellings on large
parcels and a portion of the proposed M3 development (which will be a part of the
proposed Eagle Regional Park) and 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 RP
and RR (Rural Preservation and Rural Residential - Ada County) zone and land uses
Page 5 of6
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-lO-09 & RZ-II-09 pzfBLM property (Willow Cr).doc
to the east since that area contains large parcels which may be developed with more
intense uses in the future and 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.
DA TED this 21 st day of September 2009.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~~
Gary Tanner, Chainnan - -
----
..",........""
..' ~ EA G "'.#
,'...! O........il;' '..
:~.. .. ':.
;' ;;. ... ~oRA 7'~... ~
:u:o~ \ir:
. . :
rgmann, Eagle City Clerk.. i I. I\. \.._: 0 ~
· c~t"' ",. .
-.. /;:J ~.::" ~~
..:('ORrn~ ~~.. '7-
.r)> ....... . \\;
'1 rJ. OV
Page 6 of6
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-lO-09 & RZ-II-09 pzfBLM property (Willow Cr).doc