Findings - CC - 1999 - RZ-8-98 - 45 Acre Site@799 S Channel Road From A To R2
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OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A (AGRICULTURAL) TO R-2
(RESIDENTIAL) FOR JON WROTEN
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-8-98
The above-entitled rezone application came before the Eagle City Council for their action on
April 27, 1999. 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:
Jon Wroten, represented by Jason Pfaff with The Land Group, is requesting a
rezone from A (Agricultural) to R-2 (Residential). The 45-acre site is located on
the north side of the south channel of the Boise River approximately Y2-mile west
of Eagle Road at 799 South Channel Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 25,
1998.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on October 28, 1998. 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 October 30, 1998. Requests for
agencies' reviews were transmitted on October 2, 1998, in accordance with the
requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Low Density Residential A (Agricultural) Agriculture
(2-units per acre
maximum) & Floodway
Proposed No Change R-2-DA (Residential) Residences
North of site Low Density Residential A (Agricultural) Agriculture
(2-units per acre
maximum)
South of site Low Density Residential R-2 (Residential) Agriculture & Future
(2-units per acre Residences of
maximum) & Floodway Streamside Subdivision
East of site Low Density Residential A (Agricultural) & R-2 Residences &
(2-units per acre (Residential) Agriculture
maximum) & Floodway
West of site Low Density Residential A (Agricultural) Residences &
(2-units per acre Agriculture
maximum) & Floodway
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 45-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached narrative, date stamped September 25, 1998.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT: See attached narrative, date stamped September 25, 1998.
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters have been received by Central District Health, Eagle
Fire Department, and Eagle Sewer District.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code:
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N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
O.
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:
.
SECTION: "HAZARD AREAS"
The 100-year floodplain of the Boise River and Dry Creek, as now and in the
future defined by the Federal Emergency Management Association maps,
constitutes the natural hazard areas within the City and Impact Area. Additional
hazard areas may be added to the Comprehensive Plan when deemed necessary.
The City considers a floodplain to consist of two parts: ( I ) the floodway which is
the most severe part of the floodplain at the time of flooding characterized by
deep and fast moving water, and (2) the floodway fringe which is less severe than
the floodway and characterized by more shallow, slower moving waters at the
time of flooding.
POLICIES AND GOALS
1. To protect the health and safety of Eagle residents while offering varied open
space uses.
2. Whenever possible the existing natural floodplain ofthe Boise River and Dry
Creek should remain in a natural state as a greenbelt, wildlife habitat, agricultural,
open space and recreation-nature areas.
.
SPECIAL AREAS OR SITES
"Special Areas or Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites within the Impact Area should be analyzed according to their defined
function. Whenever possible, these sites should be preserved and conserved as
open spaces or for educational and cultural centers. Development of Special Areas
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B.
C.
or Sites should take place in a manner that reflects harmony with their natural
environment and recognized qualities which render them distinctly unique.
Boise River Floodplain:
The Boise River Floodplain is designated as a Special Area due to its ecological
and scenic significance. This area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Designation Map.
. The Comprehensive Plan Pathway Map shows a pathway to be along the north side of
the Boise River through this site.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
DISCUSSION:
.
With regard to Eagle City Code Section 8- 7-S "Action by the Commission and
Council", and based upon the information provided to staff to date (with the
proposed development agreement), staff believes that the proposed rezone is in
accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-2 (two dwelling units per gross acre
maximum) is equal to the two dwelling units per gross acre maximum 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 any and all uses allowed on this
property under the proposed zone;
c. The proposed zoning is compatible with future expected residential zoning to
the north, east, and west since that area has the same Comprehensive Plan
Land Use Map designation as this site (two dwelling units per gross acre
maximum);
d. The proposed R-2 zone (two units per gross acre maximum) is compatible
with the R-2 zoning designation and single family land use to the south;
e. A portion of the land proposed for rezone is located within a "Hazard Area"
(Floodway & 100 year flood plain) and "Special Area" (Boise River
Floodplain) as described within the Comprehensive Plan and will be
developed in compliance with the comprehensive plan goals and objectives for
those areas because the development agreement provides conditions to assure
compliance and since the City Code further regulates floodplain development;
and
f. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of the
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requested rezone with the conditions within the attached development agreement (2.1
through 2.5 were proposed by the applicant and 2.6 and 2.7 are proposed by City Staff).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 7, 1998, at which time testimony was taken and the public hearing was closed.
The Commission made their recommendation at that time.
B. No oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission.
C. Oral testimony in favor of this proposal was presented by one person to the Planning and
Zoning Commission.
COMMISSION DECISION:
The Commission recommended approval (4-1) (Brinton against) of RZ-8-98 for a rezone
from A (Agriculture) to R-2 (Residential two units per acre maximum) for Jon Wroten,
represented by Jason Pfaff with The Land Group, with the conditions noted in the
Commissions' Findings of Fact and Conclusions of Law document dated January 4,
1999, to be within a development agreement.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 13, 1999, at
which time testimony was taken and the public hearing was closed. The City Council took
final action on April 27, 1999.
B. Oral testimony in opposition to this proposal was presented to the Council by no one.
C. Oral testimony in favor of this proposal was presented to the Council by no one.
COUNCIL DECISION:
The Council approved (4-0) RZ-8-98 for a rezone from A (Agriculture) to R-2
(Residential two units per acre maximum) for Jon Wroten, represented by Jason Pfaff
with The Land Group, with following conditions to be within the submitted development
agreement.
2.1 Except as may be provided herein, the development shall comply with the Eagle City Code,
as it exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.2 If the applicant decides to construct a lake, Eagle hereby approves the excavation of an eight
(8) acre minimum, fifteen (15) acre maximum lake with the following conditions:
a. Excavation of the lake shall be completed within two years after Eagle approves any
development application for this site. A one year extension may be granted by the
City Council, if requested by the applicant.
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b. Comply with Eagle City Code Section 8-3-S-K "Gravel Pits, Rock Quarries, Sand and
Clay Pits and Other Natural Resources of Commercial Value".
c. An Environmental Assessment Plan shall be approved by the City Engineer prior to
starting the gravel operation.
d. Truck traffic shall not go through any subdivision developed between this site and
Eagle Road except via a designated collector or residential collector.
e. Hours of operation shall be limited to between 7 AM to 7 PM excluding weekends
and holidays.
f. The work area and road (if not paved) used for trucks shall be watered sufficiently to
eliminate dust.
g. On-site crushing shall be prohibited.
h. A permit shall be obtained from the Department of Water Resources prior to starting the
pond excavation.
i. Construction of the lake shall be completed prior to issuance of any dwelling unit
building permits.
2.3 All development within the 100-year floodplain shall comply with the Eagle City Code, as it
exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.4 A Flood Plain Development Permit application shall be submitted to and approved by Eagle
prior to commencing any work within the 100-year flood plain.
2.S Provide two (2) five (S) acre parcels within the Boise River floodplain to be set aside along
the Boise River as Nature Preserves and provide a twenty five (2S) foot wide pathway
easement for a public pathway along the Boise River extending along the entire southern
portion of the applicant's site. When Eagle has acquired all the necessary easements for the
pathway to be completed along the north side of the south channel of the Boise River from
Eagle Road to the Eagle Island State Park the applicant shall construct a 12-foot wide
pathway within the easement on the applicant's site. The pathway shall be constructed by the
applicant as an unpaved compacted gravel path, with mix and depth of gravel to be as
required by the City Engineer, and shall be built above the 6S00 cfs flow as measured at the
Glenwood Bridge. The two (2) five (S) acre Nature Preserves need not remain as Nature
Preserves once the pathway is constructed.
2.6 The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any development plans for this site.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 29, 1998.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on October 28, 1998. 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 October
30,1998. Requests for agencies' reviews were transmitted on October 2, 1998 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 3, 1999. 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 March 5, 1999.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-8-
98) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the information provided (with the proposed development agreement)
concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive
Plan and established goals and objectives because:
a. The requested zoning designation of R-2 (two dwelling units per gross acre
maximum) is equal to the two dwelling units per gross acre maximum 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 any and all uses allowed on this
property under the proposed zone;
c. The proposed zoning is compatible with future expected residential zoning to
the north, east, and west since that area has the same Comprehensive Plan
Land Use Map designation as this site (two dwelling units per gross acre
maximum);
d. The proposed R-2 zone (two units per gross acre maximum) is compatible
with the R-2 zoning designation and single family land use to the south;
e. A portion of the land proposed for rezone is located within a "Hazard Area"
(Floodway & 100 year flood plain) and "Special Area" (Boise River
Floodplain) as described within the Comprehensive Plan and will be
developed in compliance with the comprehensive plan goals and objectives for
those areas because the development agreement provides conditions to assure
compliance and since the City Code further regulates floodplain development;
and
f. No non-conforming uses are expected to be created with this rezone.
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DATED this 11th day of May, 1999.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co , Idaho
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