Findings - CC - 2017 - A-09-16 & RZ-15-16 - Annex/Rezone Rut To Mu-Da (2)BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION AND REZONE
RUT (RURAL -URBAN TRANSITION)
TO MU -DA (MIXED USE WITH A
DEVELOPMENT AGREEMENT) FOR
ED CHANEY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-09-16 & RZ-15-16
The above -entitled rezone application came before the Eagle City Council for their action on March 14,
2017, 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:
Ed Chaney, represented by Kirsti Grabo with KM Engineering, LLP, is requesting an annexation
and rezone from RUT (Rural -Urban Transition — Ada County designation) and A -R (Agricultural -
Residential) to MU -DA (Mixed Use with a development agreement). The 6.58 -acre site is located
on the south side of State Highway 44, approximately 1,690 -feet west of the intersection of West
State Street and State Highway 44 at 281 l West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Wednesday October 26, 2016, at the Eagle City
Library in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on November 17, 2016.
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, December 28, 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, December 21, 2016. The site was posted
in accordance with the Eagle City Code on, January 6, 2017. Requests for agencies' reviews were
transmitted on November 22, 2016, 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 February
28, 2017. 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 February 23, 2017. The site was posted in accordance with the
Eagle City Code on February 28, 2017.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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E. COMPANION APPLICATIONS:
LLA -06-16 — A lot line adjustment application for the boundary line between the subject parcels.
The purpose of the lot line adjustment is to ensure that the structures located on the site are in
conformance with setback requirements of the Mixed Use zone.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site Residential One
South of site Boise River
COMP PLAN
DESIGNATION
Business Park
No Change
East of site
West of site
Business Park
Business Park
ZONING
DESIGNATION
A -R (Agricultural -
Residential) & RUT (Ada
County Designation)
LAND USE
Single -Family Residential
MU -DA (Mixed Use with a No Change
Development Agreement)
R-1 (Residential)
Single -Family Residence
and State Highway 44
Boise River Boise River
MU -DA (Mixed Use with a Single -Family Residence
Development Agreement)
RUT (Ada County Single -Family Residences
Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 6.58 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated November 10, 2016 (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter dated November 10, 2016 (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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M. 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 — Slough located within southern portion of the site
Floodplain — Yes — Floodway located on the southern 500 -feet (approximately) of the site
Mature Trees — Yes — Located in proximity to the existing dwelling and accessory structures and
Boise River
Riparian Vegetation — Yes — Located adjacent to the Boise River
Steep Slopes — No
Stream/Creek — Yes — Channel of Boise River crosses the property
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — No
Wildlife Habitat — Yes — Slough located within southern portion of the site
N. NON -CONFORMING USES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system. A Condition of Development will be placed in the
development agreement that in the event the individual well or septic system fail the applicant will
be required to connect to central services.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics
P. 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:
Business Park
Suitable primarily for the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and be
free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such
development should be operated entirely within enclosed structures and generate minimal industrial
traffic. Development within this land use designation should be required to proceed through the
PUD process.
Floodway
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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 line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
Table 6.2 Zoning Compatibility Matrix
The Zoning Compatibility Matrix shows the MU (Mixed Use) zoning district as being compatible
with the Business Park land use designation.
6.5 Land Use Implementation Strategies
C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation
corridors, will lend themselves to increased activity and non-residential use while preserving
larger areas as residential neighborhoods.
E. Identify areas that will provide significant employment opportunities to the residents of the
City of Eagle, thereby supporting the City as a desirable place to live, work, and recreate.
6.6 Land Use Implementation Strategies
F. Encourage the development of technical park/research and development facilities, offices
and office complexes, and limited manufacturing activities.
P. Encourage the development of environmentally -friendly technical park/research and
development facilities, offices and office complexes, and limited manufacturing activities.
6.8.11 SH -44 and Ballantyne Planning Area
The SH -44 and Ballantyne Planning Area is located south of SH -44 between the signalized
intersection at SH -44 and Ballantyne Road and the signalized intersection at SH -44 and Eagle
Island State Park (Fisher Park Way). The planning area is designated as Business Park and Mixed
Use to accommodate a growing technical industry, commercial uses, and residential uses within
the City and valley, to provide employment options for City residents, and as a recognition of the
impacts of the regional transportation network and neighboring land uses (sewage treatment plant
and state park) in the area.
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A. Uses
The land use and development policies specific to the SH -44 and Ballantyne Planning Area
include the following:
1. The area is to be developed as a mixed use node with business/technical park,
residential, commercial, and limited ancillary uses.
2. The area should be designed to capitalize on the Boise River by providing trails and
open space throughout the area and ensuring public access to the river.
3. The area should be designed to provide sufficient space for corporate headquarters,
emerging technical uses, integrated with commercial uses, and residential uses in a
park -like setting.
4. This area is intended to serve as a unique location for business and technical uses within
the City of Eagle to encourage the location of clean industry into the City while
buffering between the Eagle Sewer District Sewer Treatment facility to the east and
Eagle Island State Park to the west.
5. Commercial uses may be considered as complementary uses which should not exceed
10% of the total land area of SH -44 and Ballantyne Planning Area. Commercial uses
are intended to be complementary to the business and technical uses in the planning
area and serve as a buffer between the residential uses and SH -44. Strip commercial
uses should be discouraged. Highway -oriented uses should be strategically placed at
signalized intersections and designed to accommodate the goals of the Scenic Corridor.
6. The area north of the Boise River should be improved with pathways and other
amenities to encourage active recreation and passive enjoyment of the river and
riparian area.
7. All uses in the planning area should be designed with consistent architecture, design,
and signage as well as community design and art elements to create a campus feel
throughout the business and commercial area.
8. Residential uses (including single family, live/work, condos, and temporary/corporate
housing) should be considered as complementary uses in this area and should be scaled
and designed to be pedestrian -friendly to establish a village feel along collector
roadways.
9. Public access should be maintained to provide residents, business, and commercial
employees, and guest access to the greenbelt and river, similar to the access provided
in the Eagle River Area.
B. Access
1. Access to the SH -44 and Ballantyne Planning Area will be from the signalized
intersections of SH -44 at Ballantyne Road and SH -44 and_Eagle Island State Park
(Fisher Park Way). Any approved highway -oriented uses should be strategically
located at the immediate intersections.
2. All access should be reviewed for compliance with the State Street/SH44 corridor
management plan.
3. A new internal collector parallel to SH -44 should be built at the time of development
to move traffic within the area. All single -parcel access points to the State Highway
should be eliminated/consolidated during the development process.
4. A pathway and trails network should be encouraged to provide pedestrian access along
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the Boise River connecting the SH -44 and Ballantyne Planning Area to the existing
City pathway system.
C. Design
1. All commercial uses in the planning area should be designed to fit into a park -like
setting appropriately scaled so as to complement and not overpower the business and
residential uses.
2. The area should be developed with consistent and complementary architecture, design,
and signage to enhance the small pedestrian -friendly mixed use feel.
3. The design should capitalize on the extension of Old Valley Road and bring activities
and uses closer to the collector road, creating a pedestrian -friendly area that encourages
pedestrian circulation from the greenbelt and the residential areas, while also servicing
auto traffic.
4. The planning area should be designed to be internally focused, providing the ability to
capture or collect trips for the larger planning area with some limited trip capturing
from SH -44 and adjacent residential areas.
5. Common parking areas and joint parking agreements should be encouraged to
minimize walking distances between buildings and provide a pedestrian scale to the
area. On -street parking should be encouraged where sufficient right-of-way is
available.
6. Signage should be uniform and should be focused to the interior of the development
along the parallel collector to ensure that the highway rights-of-way are not cluttered
with individual and monument signs. The planning area should include a single
monument entry sign at the signalized intersections to establish place making
reference. Consistent design elements should be repeated throughout the area to
establish and maintain identity. Tall landscape berms should be avoided along SH -44
to prevent business and commercial_ buildings from being obscured, but a landscaping
buffer should be significant enough to separate the uses from the State Highway and
instill a park -like atmosphere.
D. Issues
1. One of the main concerns in developing this area for a variety of uses is the need to
maintain a balance among the various employment opportunities that the Business Park
and Mixed Use designations affords. The goal is to create an environment where a
broad range of employment opportunities are available. To achieve this goal,
commercial development must be limited to uses intended to services the business use
and should be limited to 10% of the total planning area and should be designed to serve
the planning area and regional greenbelt users; big box uses should be prohibited. Any
approved highway -oriented uses must adhere to stringent design guidelines in order to
conform to the goals of the Scenic Corridor where applicable.
2. If deemed necessary, the planning area should identify a site for an electrical
substation. If a substation is not sited early in the development of the area, it is likely
the intent of this planning area to function as a technical park will be limited.
3. If single-family residential uses are located in this area, special attention should be
given to the transition between business/technical/commercial uses and single-family
residential uses. Transitional uses could include open space, live/work units, or light
office uses. Single -use development (i.e. residential only, office only) should be
discouraged in the area. Without a balance of uses, the intent to create a live, work and
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play environment within the planning area with be compromised.
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:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in section
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning district, a development agreement may
be utilized in lieu of the PUD and/or conditional use process if approved by the city council,
provided the development agreement includes conditions of development that are required
during the PUD and conditional use process.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was
approved by the city with a development agreement. Specific provisions, as may have been
incorporated within the development agreement, are applicable to development within this
zoning designation.
C. DISCUSSION:
• The Comprehensive Plan Land Use Map designates this site as Business Park. The site is also
located within the SH -44 and Ballantyne Planning Area. The applicant is requesting annexation
of the southern parcel and a rezone of the northern parcel to bring it into compliance with the
Comprehensive Plan. The site plan, date stamped by the city on November 17, 2016, shows a
20 -foot (20') ingress/egress easement along the eastern property boundary of the northern
parcel to provide access to the southern parcel. The SH -44 and Ballantyne Planning Area text
indicates that access should be provided from an internal collector located parallel to SH -44,
which will allow for traffic to move within the area. The text also states all single -access points
located between Ballantyne Lane and Eagle Island State Park should be eliminated or
consolidated during the development process. The applicant is not proposing to construct an
internal collector at this time. Until such time a use is determined to occur on the subject site,
other than a single family residence, no new development should occur until such time a new
concept plan is submitted (to be incorporated into the development agreement) identifying
location of roads (internal collector) within the development, lot layout, lot dimensional
standards, proposed setbacks, location and size of common areas and buffer areas.
• In regard to the lot line adjustment application (LLA -06-16), the applicant should be required
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to address all comments provided by the City Engineer and present a mylar ready for signature
by the City Clerk prior to the adoption of an ordinance for annexation and rezone of the
property.
• The applicant resides in an existing home located on the subject site. The existing home is
served by an individual well and septic system. The applicant is requesting to allow for the
existing home to continue the use of the existing well and septic system. In the event the
existing well or septic system fail, the applicant should be required to connect to respective
central service. All future development of the site should be served by central water and sewer.
• The property is not currently annexed into the Eagle Sewer District's service area. Prior to
future development of the property, the applicant should be required to provide a letter of
approval from the Eagle Sewer District indicating the property has been annexed into the Eagle
Sewer District's service boundaries. Also, prior to issuance of a building permit the applicant
should provide proof of adequate sewer service to the proposed habitable buildings by
providing a letter of approval from the Eagle Sewer District.
• The southern portion of the site (approximately 450 -feet in depth) is located within the
floodway area. The applicant should be required to comply with Eagle City Code Title 10,
Flood Control, prior to any development that may occur within an Area of Special Flood
Hazard.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) and A -R
(Agricultural -Residential) to MU -DA (Mixed Use with a development agreement).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
17, 2017, 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).
COMMISSION DELIBERATION: (Granicus time 23:46)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The Commission had no concerns with the application.
COMMISSION DECISION:
The Commission voted 3 to 0 (Koellisch and Wright absent) to recommend approval of A-09-16 & RZ-15-
16 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) and A -R
(Agricultural -Residential) to MU -DA (Mixed Use with a development agreement) with conditions to be
placed within a development agreement as provided within their findings of fact and conclusions of law
document, dated February 6, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 14, 2017, 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.
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C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-09-16 & RZ-15-16 (Exhibit "A" [Vicinity Map]) for an annexation
and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with a
development agreement) for Richard and Sharon Terry with the following Planning and Zoning
Commission recommended conditions to be placed within a development agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Site Plan (Exhibit B) represents the Owner's current concept for completion of the property.
All future development of the Property will require a detailed concept plan ("Concept Plan").
Owner shall submit the Concept Plan outlining any future development as a modification to the
development agreement prior to or concurrent with any future applications (inclusive of a
residential building permit). The Concept Plan shall provide more detail, including but not limited
to, location of roads (internal collector) within the development, lot layout, lot dimensional
standards, proposed setbacks, location and size of common areas and buffer areas. The City shall
hold necessary public hearings pursuant to Eagle City Code notice requirements to address the
Concept Plan and any changes thereafter proposed to said plan.
3.3 The existing residential dwelling located on the property is recognized as a permitted use.
3.4 Owner shall address all comments provided by the City Engineer regarding the lot line adjustment
(LLA -06-16) and present a mylar ready for signature by the City Clerk prior to the adoption of an
ordinance for annexation and rezone of the Property.
3.5 The existing home may continue the use of the existing well and septic system, however, in the
event the existing well or septic system fail, Owner shall connect to the respective central service
if facilities are available for connection. If central services are not available, Owner shall be
permitted to re -construct the well and/or septic system and utilize said facilities until such time as
central services become available.
3.6 A letter of approval shall be provided to Eagle from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to future
development of the property for uses other than one (1) new single-family residence. Owner shall
provide proof of adequate sewer service for all proposed structures (other than one (1) new single-
family residence) by causing a letter of approval to be provided to Eagle from the Eagle Sewer
District. Prior to issuance of a building permit for one (1) new single-family residence, Owner shall
provide proof of approval for an adequate septic system by causing a letter of approval to be
provided to Eagle from the Central District Health Department and/or IDEQ. As such time as Eagle
Sewer District facilities are available for connection, the single-family residence shall be required
to connect to said facilities.
3.7 Owner shall be required to provide central water for all future development of the Property for uses
other than one (1) new single-family residence, which shall be allowed to utilize a well for water
service until such time as central services are available.
3.8 Owner shall comply with Eagle City Code Title 10, Flood Control in regard to development within
an Area of Special Flood Hazard (ASFH).
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3.9 All access for future development of Property shall be in conformance with the State Street/SH-44
corridor management plan.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-04-16 & RZ-06-16) 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 MU -DA (Mixed Use with a development agreement) is
consistent with the Business Park designation as shown on the Comprehensive Plan Land Use Map
and identified within the Zoning Compatibility Matrix (Table 6.2) contained within the
comprehensive plan;
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 MU -DA (Mixed Use with a development agreement) zone is compatible with the R-
1 (Residential up to one unit per acre) zone and land use to the north since that area is located across
State Highway 44 and based on the Comprehensive Plan Land Use Map designation of Residential
One the property may be developed with a residential use which will be buffered from the state
highway if developed in the future;
d. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the A-
R (Agricultural -Residential) and RUT (Rural Urban Transition — Ada County designation) zones
and land use to the west since that area may be developed in a similar manner in the future;
e. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the
MU -DA (Mixed Use with a development agreement) zone and land use to the east since that area
has the same zoning and land use;
f. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan and the applicant will be required to address the city's concerns
regarding development within those areas prior to developing the property;
As stated in the Development Agreement, the applicant will be required to provide central water
and sewer prior to any future development of the site. Therefore, no non -conforming uses are
expected to be created with this rezone.
g.
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DATED this 286 day of March, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan idgeway, Mayor
ATTEST:
-Sharon K. Bergmann, Eagle City C1 rk
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