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Findings - PZ - 2016 - A-06-16 & RZ-10-16 - Boise River Annexation And RezoneBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RUT (RURAL URBAN TRANSITION ) — ADA COUNTY DESIGNATION) TO ) PS (PUBLICISEMIIPUBLIC) FOR THE ) CITY OF EAGLE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-06-16 & RZ-10-16 The above -entitled annexation and rezone applications came before the Eagle PIanning and Zoning Commission for their recommendation on October 3, 2016, at which time public testimony was taken and the public hearing was closed. 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 City of Eagle is requesting approval of an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to PS (Public/Semipublic) for an approximately 40.5 -acre site located along the north channel of the Boise River approximately 1/4 -mile east of Eagle Road extending eastward approximately 1 -mile. Upon incorporation into the Eagle City Iimits hunting via the discharge of a firearm on the identified property will be prohibited. No development plans are proposed with this application. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held from 5:30 PM to 7:30 PM, on Tuesday, August 30, 2016, at Eagle City Hall, in compliance with the application submittal requirement of Eagle City Code. 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 September 12, 2016. 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 9, 2016. The site was posted in accordance with the Eagle City Code on September 23, 2016. Requests for agencies' reviews were transmitted on September 1, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None Page t of 6 K*Wbnnmg rkpt%Ugk ApplieativasXR7&A12016\Ad16.16 & R7,10.16 City [nitiafcd 1laisc Rku pddw F. G. H. I. K L. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. TOTAL ACREAGE OF SITE: 40.5 -acres APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: Upon annexation and rezone of the property Eagle City Code Section 5-2-3 will become effective and the discharge of a firearm will be prohibited. No development plans are proposed with the application. The rezone of the property is consistent with the Comprehensive Plan and vision of the City of Eagle. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: None PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — Yes — Floodway area located adjacent to the Boise River. Evidence of Erosion — None Fish Habitat — Yes Floodplain — Yes — Entire site is located in the Floodway Mature Trees — Yes — Located along the Boise River Page 2 of 6 KAI'Ianning []cV1T4glo Applicat4)nsUtY4W_110161A-0&16 & RZ.14.16 Chy inhimed Eloise Riva pff d:w COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Floodway RUT (Rural -Urban Transition Boise River — Ada County designation) Proposed No Change PS (Public/Semipublic) No Change North of site Floodway, Mixed Use MU -DA (Mixed Use with a Eagle River development, development agreement) Rivers Edge Apartments, Watermark Subdivision, The River District development, Renovare Subdivision, Merrill Park South of site Floodway, Residential R -2-P (Residential — PUD, R- Island Woods Subdivision, Two 2 (Residential), A -R RiversEnd Subdivision, (Agricultural -Residential) & Proposed Williamson RP (Residential Preservation Ranch Subdivision — Ada County designation) East of site Floodway, Mixed Use Floodway, MU -DA (Mixed Boise River Use with a development agreement), RP (Ada County designation) West of site Floodway Floodway, MU -DA (Mixed Boise River Use with a development agreement) DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. TOTAL ACREAGE OF SITE: 40.5 -acres APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: Upon annexation and rezone of the property Eagle City Code Section 5-2-3 will become effective and the discharge of a firearm will be prohibited. No development plans are proposed with the application. The rezone of the property is consistent with the Comprehensive Plan and vision of the City of Eagle. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: None PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — Yes — Floodway area located adjacent to the Boise River. Evidence of Erosion — None Fish Habitat — Yes Floodplain — Yes — Entire site is located in the Floodway Mature Trees — Yes — Located along the Boise River Page 2 of 6 KAI'Ianning []cV1T4glo Applicat4)nsUtY4W_110161A-0&16 & RZ.14.16 Chy inhimed Eloise Riva pff d:w Riparian Vegetation - Yes -- Located in proximity to the Boise River Steep Slopes - No Stream/Creek - Yes - Boise River Unique Animal Life - Unknown Unique Plant Life - Unknown Unstable Soils - Unknown Wildlife Habitat - Yes M. NON -CONFORMING USES: None N. 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: Department of Environmental Quality Eagle Fire Department Idaho Transportation Department Tesoro Logistics NW Pipeline 0. 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: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation show shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway Iine. Page 3 of 6 K:U'lanning NpLEaSk AApplieatinns1R7,&AU0I6 -0& 1 fi & 87,40.16 City Initiated Noise Riwr pz[doc B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: 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. (Ord. 566, 5-15-2007) C. DISCUSSION: None STAFF RECOMMENDED FINDINGS: Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: • The requested zoning designation of PS (Public/Semipublic) is consistent with the designation as shown on the Comprehensive Plan Land Use Map; • 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, however, no development is proposed as this area is located within the Boise River and Floodway area; • The proposed PS (Public/Semipublic) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the north since a portion of that area is located within the Floodway and no development plans are proposed, and; • The proposed PS (Public/Semipublic) zone is compatible with the R -2-P (Residential ^ PUD), R-2 (Residential), A -R (Agricultural -Residential), and RP (Rural Preservation .. Ada County designation) zones and land uses to the south since a portion of that area is located within the Floodway and no development plans are proposed, and; • The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the west since a portion of that area is located within the Floodway and no development plans are proposed, and; • The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the east since a portion of that area is located within the Floodway and no development plans are proposed, and; • The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive PIan. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on October 3, 2016, 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 no one (other than the applicant/representative). Page 4 of 6 K .''arming DepNiagle ApptratiunsNR7&AU0I61A-0&I6 & R7.l0•I6 City Initiated B&%! Ithtr pzfdoc COMMISSION DELIBERATION: (Granicus time 09:55) Upon closing the public hearing, the Commission discussed during deliberation that: • The commission understands the citizen concerns and the city's application to prohibit hunting via the discharge of a fire arm near development and future development. • It is a public, health, and safety issue. COMMISSIONS DECISION: The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of A -06-I6 & RZ-10- 16 for an annexation and rezone from RUT (Rural Urban Transition -- Ada County Designation) to PS (Public/Semipublic). CONCLUSIONS OF LAW: I. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-06-16 & RZ-10-16) 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 Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of PS (Public/Semipublic) 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, to serve all uses allowed on this property under the proposed zone, however, no development is proposed as this area is located within the Boise River and Floodway area; c. The proposed PS (PubliclSemipublic) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the north since a portion of that area is located within the Floodway and no development plans are proposed; d. The proposed PS (Public/Semipublic) zone is compatible with the R -2-P (Residential — PUD), R-2 (Residential), A -R (Agricultural -Residential), and RP (Rural Preservation — Ada County designation) zones and land uses to the south since a portion of that area is located within the Floodway and no development plans are proposed; e. The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the west since a portion of that area is located within the Floodway and no development plans are proposed; f. The proposed PS (Public/semipublic) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the east since a portion of that area is located within the Floodway and no development plans are proposed; g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and h. No nonconforming uses are expected to be created with this rezone. Page 5 of 6 K11'lanning MpLTagkk ApplicaiinnsW&A1311161A-06.16 & R%-10.16 City Initiatcd Bow Rs%rr pddnc DATED this 17th day of October, 2016. �•.•'G�'C.ON E;C��''•,� PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE SEAL, Ada County, Idaho '•, 9 , .4% OF i�4'.•'• Trent Wright, Chai 'rrnaapk ATTEST:15 � ` YGLIO _1 p Sharon K. Bergmann, Eagle City CIerk Page 6 of 6 KM9anning MptEaSk AppLicationsW4AL01 MA -06.16 & Rl.- IM 16 City InitiatLd [IoL c Ri%rr pzt dnc