Loading...
Findings - PZ - 2023 - A-03-23/RZ-04-23 - West Equest Lane - Annexation and Rezone from RR [Rural Residential] to PS [Public/SemiPublic] BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RR [RURAL RESIDENTIAL)TO ) PS [PUBLIC/SEMIPUBLIC] FOR ) THE CITY OF EAGLE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-03-23/RZ-04-23 The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on June 5, 2023, 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, represented by Daniel Miller, is requesting annexation and rezone from RR (Rural Residential—Ada County designation)to PS(Public/Semipublic)for one 10.01-acre parcel (R331410200). The 10.01-acre site is located at the intersection of West Equest Lane and State Highway 16 at 8600 West Equest Lane. B. APPLICATION SUBMITTAL: Pursuant to Eagle City Code Section 8-7-8(B),which states in part, "a neighborhood meeting shall not be required for City initiated applications," a neighborhood meeting for this application was not conducted. The application for this item was received by the City of Eagle May 17, 2023. 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, May 19, 2023. Notice of this public hearing was mailed to property owners within in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 19, 2023. Pursuant to Eagle City Code Section 8-7-8(E), this site was not required to have posted notice. Requests for agencies' reviews were transmitted on May 18, 2023, 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 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2023\Koeppen Property A-RZ\Working Files\Koeppen A-RZ Findings PZ.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION RR Existing Foothills Residential (Rural Residential-Ada Residential Dwelling County Designation) Pro osed Foothills Residential Future Regional Sports p PS(Public/Semipublic) (No Change) Park North of site Foothills Residential R-1-DA(Residential) Undeveloped Land South of site Foothills Residential R-1-DA(Residential) Future Regional Sports Park East of site Foothills Residential R-1-DA(Residential) Future Regional Sports Park West of site Foothills Residential R-E(Residential-Estates) Future Regional Sports Park G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 10.01-acres APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: This property is currently zoned as RR(Rural-Residential)which is an Ada County zoning designation. The purpose of this application is to annex the parcel into the City of Eagle and assign it a zoning designation of PS(Public/Semipublic). This parcel was not part of the original Spring Valley property when M3 Eagle LLC first purchased the land and sought initial entitlements,thus is not subject to the recorded Amended and Restated Development Agreement(Ada County Instrument Number 114006036)or Eagle City Code Title 11A,the code title designated for the Valnova(Spring Valley)development. Development of this parcel will be part of the masterplan for the proposed regional sports park (see PU-01-23)and will be subject to the code requirements of Eagle City Code Title 8. The proposed zoning designation of the site is PS(Public/Semipublic)which is compatible with the Foothills Residential future land use designation, pursuant to the 2017 Eagle is HOME Comprehensive Plan and zoning compatibility matrix contained therein. For the complete letter of justification, see the applicant's narrative,date stamped by the City of Eagle May 16,2023. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter, date stamped by the City on May 16, 2023 (attached to the staff report). K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property is located within the Middleton Star Fire Protection District. The site will be served by the City of Eagle water system for domestic water and the Eagle Sewer District for sanitary sewer which are being developed for the Valnova development. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists Page 2 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2023\Koeppen Property A-RZ\Working Files\Koeppen A-RZ Findings PZ.docx M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion—No Fish Habitat—No Floodplain —Yes, approximately 50% of the site is located within a Special Flood Hazard Area (SFHA). Mature Trees—Yes, located at regular intervals on the site's boundaries and around the existing single-family residence. Riparian Vegetation—No Steep Slopes—No • Stream/Creek—No Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No N. NON-CONFORMING USES:None O. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached. • Idaho Department of Environmental Quality • Historical Preservation Committee • Idaho Transportation Department • Eagle Sewer District Comments which appear to be of special concern, are noted below: • Idaho Department of Environmental Quality: all comments incorporated within the agencies letter;received by the City of Eagle May 19,2023.A copy of this letter is attached herewith. • Eagle Sewer District: This property is not presently incorporated within the Eagle Sewer District. If sewer service is needed, it will require annexation into the Eagle Sewer District. P. LETTERS FROM THE PUBLIC:None received to date. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Land Use Map(adopted November 15,2017),designates this site as the following: Foothills Residential A unique combination of land uses within the Eagle Foothills that strives to balance residential, non- residential, and open space (developed and natural) use to create unique hamlets of development that place urban development within the natural environment without overcrowding or significantly altering the natural features found on the site. Page 3 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2023\Koeppen Property A-RZ\Working Files'Koeppen A-RZ Findings PZ.docx The density for unconstrained lands in the foothills should be approximately 1 unit per two acres. Residential densities should be calculated to be commensurate with the existing land conditions. Priorities for open space areas should be lands with slopes of 25% or greater and important habitat areas.No residential density should be granted for areas located within the floodway,slopes more than 25%, or sensitive/critical habitat. These areas should be used as open space. Units should be arranged in accordance with the transect plan as described in the Foothills planning area. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 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. (Ord. 566, 5-15-2007) C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:None. D. DISCUSSION: • There is an existing single-family residence on the subject parcel.If it is determined that the existing residence is to remain on the property,the residence should not be utilized as a permanent dwelling since a "single-family dwelling (existing)" use is prohibited within the PS (Public/Semipublic) zoning district. • This parcel was not part of the original Spring Valley property when the developer first purchased the land and applied for entitlements. As such,this parcel is not subject to the recorded Amended and Restated Development Agreement (Ada County Inst. No. 114006036) associated with the Valnova(formerly known as the Spring Valley) Development or Eagle City Code Title 11A, the title within Eagle City Code that pertains only to the Valnova Development at the time of this writing.Development of this parcel will be a part of the masterplan for the proposed regional sports park (see PU-01-23) and will be subject to the code requirements listed within Eagle City Code Title 8. E. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on June 5, 2023, 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: Upon closing the public hearing, the Commission made a motion based upon the information contained within the record. Page 4 of 5 K:\Planning Dept\Eagle Applications\RZ&A\2023\Koeppen Property A-RZ\Working Files\Koeppen A-RZ Findings PZ.docx COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of A-03-23 and RZ-04-23 for an annexation and rezone from RR(Rural Residential—Ada County designation)to PS(Public/Semipublic). CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation A-03-23 and RZ-04-23 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 Foothills Residential future land use 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 the proposed use on this property under the proposed zone; c. The proposed PS (Public/Semipublic) zone is compatible with the R-1-DA (Residential with a development agreement)zone and land use to the north since the land to the north is City owned, undeveloped land; d. The proposed PS (Public/Semipublic) zone is compatible with the R-1-DA (Residential with a development agreement) zone and land use to the south since the land uses are identical (future regional sports park); e. The proposed PS (Public/Semipublic) zone is compatible with the R-1-DA (Residential with a development agreement) zone and land use to the east since the land uses are identical (future regional sports park); f. The proposed PS (Public/Semipublic) zone is compatible with the R-1-DA (Residential with a development agreement) zone and land use to the west since the land uses are identical (future regional sports park); g. The land proposed for rezone is located within a"Hazard Area" and "Special Area" as described within the Comprehensive Plan(North Foothills); h. No non-conforming uses are expected to be created with this rezone. DATED this 5th day of June, 2023. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho / 1 Trent Wright,Chairmaan--// „,,,,,,,,,,, AT EST: ,��.G�• •..•... .C�ft '•,tl • • ,•pp_P0R,9T / li racy E. • Eagle City C k • '�` • SEAL • z. •••�`r ,t••P If�'OF1� ag,e5of5 K:\Planning Dept\Eagle ApplicatiddARMQti71 ES toeppen Property A-RZ\Working Files\Koeppen A-RZ Findings PZ.docx