Findings - CC - 2021 - CPA-01-21, A-04-21 & RZ-05-21 - Pamela Baker Park BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
COMPREHENSIVE PLAN FUTURE LAND USE )
MAP AMENDMENT FROM )
PUBLIC/QUASI-PUBLIC TO )
PBULIC/SEMI-PUBLIC AND AN ANNEXATION )
AND REZONE FROM A-1 (OPEN LANDS,PARKS))
TO PS(PUBLIC/SEMI-PUBLIC)FOR THE CITY )
OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-01-21,A-04-21 &RZ-05-21
The above-entitled comprehensive plan future land use map amendment, annexation, and rezone
applications came before the Eagle City Council for their action on September 28, 2021, at which time
public testimony was taken and the public hearing was closed. 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:
City initiated Comprehensive Plan Future Land Use Map Amendment from Public/Quasi-Public
(Boise City designation)to Public/Semi-Public(City of Eagle designation)with an Annexation and
Rezone from A-1 (Open Lands,Parks)to PS(Public/Semi-Public)to include a recently transferred
property(from Boise City to City of Eagle) into Pamela Baker Park. The 6.22-acre site is located
on the northern portion of the existing Pamela Baker Park, approximately 1/3-mile east of Eagle
Road and 1/2-mile north of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The application for this item was completed by the City of Eagle on July 1,2021.
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 July 29, 2021. Notice of this public hearing was mailed to property owners within
five-hundred feet (500-feet) of the subject property in accordance with the requirements of Title
67,Chapter 65,Idaho Code and Eagle City Code on July 30,2021.Requests for agencies' reviews
were transmitted on July 8,2021, 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 September
10, 2021. Notice of this public hearing was mailed to property owners within 1,500-feet of the
subject property in accordance with the requirements of Title 67,Chapter 65,Idaho Code and Eagle
City Code on September 10, 2021.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 22, 2021, the Eagle City Council directed staff to prepare a resolution for acceptance of
the donation of 6.22 acres of property from Boise City adjacent to the Pamela Baker Park Site.
D. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION LAND USE
Existing Public/Quasi-Public A-1 Open Lands,Parks Vacant/pond(Boise
(Boise City designation) (Boise City designation) City sewage
treatment plant
buffer)
Proposed Public/Semi-Public PS(Public/Semi-Public) Public Park
North of site Neighborhood residential R-E-DA-P(Residential Residential(Laguna
Estates with a Development Point Subdivision)
Agreement and Planned Unit
Development)
South of site Mixed Use MU-DA(Mixed Use with a Public Park(Pamela
Development Agreement) Baker Park)
East of site Public/Quasi-Public A-1 Open Lands,Parks Vacant/public
(Boise City designation) (Boise City designation) (Boise City Sewage
Treatment Plant
Buffer)
West of site Mixed Use MU-DA(Mixed Use with a Residential
Development Agreement) (Lakemoor
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA,CEDA,or DSDA.
H. TOTAL ACREAGE OF SITE: 6.22 acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The parcel has historically been used by the City of Boise as an open space buffer for the Boise
City sewage treatment plant and will continue to be open space owned by the City of Eagle as an
expansion of Pamela Baker Park.No further development of the parcel is proposed at this time.
Both jurisdictions have already approved of the transfer of ownership.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities are located at the southern end of Pamela Baker Park.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: City does not have a future
acquisitions map;the planned use is for parkland.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—parcel is located within the floodplain
Evidence of Erosion— no
Fish Habitat— parcel is primarily a pond
Floodplain— small portion in the AE zone,primarily in the 0.2%chance floodplain
Mature Trees—yes,vegetation surrounding the pond
Riparian Vegetation—some riparian vegetation
Steep Slopes— no
Stream/Creek— no
Unique Animal Life— unknown
Unique Plant Life— unknown
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Unstable Soils— no
Wildlife Habitat—pond provides habitat for a variety of wildlife
M. NON-CONFORMING USES: none
N. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report:
Ada County Highway District,Eagle Fire Department, Idaho Transportation Department.
O. LETTERS FROM THE PUBLIC:
On September 23, 2021, a letter was received from Justin and Andrea Bailey in support of the
annexation but urging the Council to take action against unpermitted encroachments into the parcel
by adjacent property owners.
P. APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
Per Eagle is HOME Comprehensive Plan Section 11.3: Amendment Process:
The City Council or any group or person may petition the Planning and Zoning Commission for a
plan amendment at any time; at such time a justification letter for the amendment shall also be
submitted. The applicant has provided the following justification:
1. The submitted application is for an annexation and rezone of the subject parcel from A-1
Open Lands, Parks(Boise City designation)to Public/Semi-
Public(City of Eagle designation). The parcel is not yet included in the Eagle Comprehensive
Plan,therefore,a companion application for a Comprehensive Plan Future Land Use Map
amendment is also included.
2. The parcel has historically been used by the City of Boise as open space and will continue to
be open space once owned by the City of Eagle,as part of Pamela Baker Park.
3. The parcel is immediately adjacent to the City of Eagle and has been deeded to the City of
Eagle by the City of Boise for its continued use as public open space.
4. Because the parcel is owned by the City of Eagle, and is immediately adjacent to the City
limits, it needs to be represented in the Comprehensive Plan and Future Land Use Map.
5. There is no development proposed or intended for the parcel.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE RELEVANT TO THIS PROPOSAL:
The proposed change supports goals 7.2, 9.3.1,9.4.1,and 9.5.1 of the Eagle Comprehensive Plan:
1. Provide special concern and attention to the preservation of native wildlife,fish and
plants,water resources,air quality,agriculture, open space and recreation/natural areas
when implementing planning and zoning decisions.
2. To promote the conservation and efficient management of all special areas and sites.
3. To plan for and mitigate hazard areas to protect the health, safety,and welfare of the
community.
4. To create ample areas and facilities to serve our residents' diverse indoor and outdoor
park and recreational interests.
5. To create a pathway system that provides interconnectivity of schools,neighborhoods,
public buildings,businesses, and parks and Special sites.
6. Create and maintain a parks and recreation system that encourages citizens to be active
and healthy regardless of age and ability.
7. Provide wherever possible open space and natural features such as natural river frontage,
greenbelts,river trails and pathways, creeks, flood plains and flood ways,drainage ways
and canals,development buffers,wooded areas, grasslands, foothills,and viewpoints for
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public benefit and enjoyment.
8. Strive for a balance between the needs of the natural environment(floodway, floodplain,
corridors for habitat,riparian and wildlife areas)and recreational users(greenbelt,
pathway, sportsman's access,and viewpoints).
B. ZONING ORDINANCE PROVISIONS WHICH ARE RELEVANT TO THIS PROPOSAL:
a. 2-1-5: DUTIES:
It shall be the duty of the planning and zoning commission to:
A. Conduct a planning process designed to prepare, implement, review and update a
comprehensive plan that includes all lands within the governing board's jurisdiction;
B. Hold public hearings prior to recommending the comprehensive plan,changes to the
plan and ordinances, special use permits, rezone applications, planned unit
development proposals and variance applications, and zoning ordinance amendments;
C. Provide ways and means to obtain citizen participation in the planning process;
D. Recommend subdivision and zoning ordinances;
E. Recommend changes to a comprehensive plan and zoning ordinance prior to
annexation of an unincorporated area;
b. 8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS:
PS PUBLIC/SEMIPUBLIC: To provide for public/semipublic development such as golf
courses, parks, recreation facilities, greenways, schools, and public service facilities such
as government offices.
c. 8-7-5: AMENDMENTS:
A.Authority:Whenever the public necessity,convenience,general welfare or good zoning
practices require, the council may, by ordinance after receipt of recommendation thereon
from the commission and subject to procedures provided by law, amend, supplement,
change or repeal the regulations,restrictions and boundaries or classification of property.
B. Initiation Of Zoning Amendments: Amendments to this title may be initiated by the
filing of an application by a property owner or a person who has existing interest in property
within the area proposed to be changed or affected by said amendment.
d. 8-7-6: ZONING UPON ANNEXATION:
Prior to annexation of an unincorporated area, the Council shall request and receive a
recommendation from the Planning and Zoning Commission,or the Planning Commission
and the Zoning Commission,on the proposed comprehensive plan and changes to this title
for the unincorporated area.Each commission and the City Council shall follow the notice
and hearing procedures for Zoning Ordinance map amendments set forth in section 8-7-8
of this chapter. Concurrently or immediately following the adoption of an ordinance of
annexation,the Council shall amend the comprehensive plan and this title.
C. DISCUSSION:
On June 22,2021,the Eagle City Council directed staff to prepare a resolution to accept the donation
of 6.22 acres of property from Boise City adjacent to the existing limits. The site is located on the
northern portion of the existing Pamela Baker Park,approximately 1/3-mile east of Eagle Road and
1/2-mile north of Chinden Boulevard.
The parcel has historically been used by the City of Boise as open space and will continue to be
open space owned by the City of Eagle as an expansion of the existing Pamela Baker Park.
This application is for a Comprehensive Plan Future Land Use Map Amendment from Public/Quasi-
Public (Boise City designation) to Public/Semi-Public (City of Eagle designation) and an
Annexation and Rezone from A-1 to PS. The parcel is not yet included within the City of Eagle
planning boundary;therefore,a Comprehensive Plan Future Land Use Map amendment is required
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in addition to an annexation and rezone application.
A small portion of the parcel is located within the special flood hazard area; however,the majority
of the parcel is located primarily in the 0.2% chance floodplain, which is outside the special flood
hazard area. The parcel is principally occupied by a pond on site,which provides valuable wildlife
habitat as well as recreational opportunities for the public. Approximately 100 feet of greenbelt
pathway is also located on site. For these reasons, it is in the public interest to preserve the use of
the parcel as public open space.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
16,2021,at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
seven (7) individuals. Although each person was in favor of the annexation some property owners
expressed concerns about maintenance of the parcel,how much of the parcel should be available to the
public, trespassing, litter, private landscaping encroachments onto the parcel, and other activities. A
recommendation was made by one individual that the City sell the western portion of the parcel to the
adjacent property owners; three people testified that the entire parcel should remain accessible to the
public.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by no one.
COMMISSION DELIBERATION: (Granicus time 00:44:05)
Upon closing the public hearing,the Commission discussed during deliberation that:
• Annexing the parcel into Eagle will provide a greater deal of oversight on the parcel and hopefully
reduce some of the issues mentioned by the public.
COMMISSION DECISION:
The Commission voted 3 to 0 (McLaughlin and Smith absent)to recommend approval of CPA-01-21, A-
04-21, and RZ-05-21 for a Comprehensive Plan Future Land Use Map Amendment from Public/Quasi-
Public(Boise City designation)to Public/Semi-Public(City of Eagle designation)with an Annexation and
Rezone from A-1 (Open Lands, Parks)to PS(Public/Semi-Public).
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 28,2021,at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by two (2) individuals.
Both people were in favor of the annexation;one urged the Council to pursue code enforcement action
against unpermitted encroachments on the parcel by adjacent property owners and the second
encouraged the Council to ensure that the entire property remained open to the public.
COUNCIL DECISION:
The Council voted 3 to 0 (Baun absent) to approve CPA-01-21, A-04-21, and RZ-05-21 for a
Comprehensive Plan Future Land Use Map Amendment from Public/Quasi-Public(Boise City designation)
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to Public/Semi-Public(City of Eagle designation)with an Annexation and Rezone from A-1 (Open Lands,
Parks)to PS(Public/Semi-Public)for the City of Eagle.
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of the proposed applications(CPA-01-21,A-
04-21, and RZ-05-21) 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 upon annexation is
in accordance with the City of Eagle Code as well as the established goals and objectives of the Eagle
Comprehensive Plan because:
a. The requested zoning designation of PS (Public/Semi-Public) is consistent with the Public/Semi-
Public designation shown on the amended comprehensive plan future land use map.
b. The proposed zoning ordinance amendment is in accordance with the existing use of the parcel as
public/semi-public open space, the surrounding public parcels to the south and east, the current
Boise City zoning and comprehensive plan designations, and the established goals and objectives
of the City of Eagle Comprehensive Plan identified above;
c. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate adequate public facilities exist to serve the proposed park/open space use;
d. The proposed PS zone is compatible with the residential,mixed-use,and A-1 (Open Lands,Parks)
zoning and uses in the surrounding area;
e. No nonconforming uses will be created with this rezone.
DATED this 12th day of October 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jas fierce,Mayor
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Tracy E. orn,Eagle City Clerk .167+ ';* 1
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