Findings - PZ - 2004 - CU-4-04 - Construct 2-15 Bed Nursing Home Facilities/.77 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR TWO (2) FIFTEEN- )
BED NURSING HOMES (ASSISTED LIVING FACILITIES) )
FOR ASHLEY MANOR PROPERTIES LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU.4.04
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on June 28, 2004. 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:
Ashley Manor Properties LLC, represented by Roger L. Maim, is requesting conditional
use approval to construct two (2) fifteen-bed nursing home (assisted living) facilities. The
.77-acre site is located on the northeast comer of the intersection of West State Street and
North Story Book Way.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 22, 2004.
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 June 7, 2004. 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 June 1, 2004. Requests for agencies' reviews were transmitted on April 23,
2004, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 13, 2002, the Eagle City Council approved a final plat for Once Upon a
Subdivision (FP-8-02), a residential subdivision located north of this site.
On May 13, 2003, the Eagle City Council approved a design review (DR-60-02) to
construct a 7,250-square foot professional office/retail building on this site. To date, the
developer has not taken further action on the application.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Vacant lot
District)
Proposed No Change No Change Two Nursing Home
(Assisted Living) Facilities
North of site Residential Four (up to R-4 (Residential) Once Upon a Time
four dwelling units per residential subdivision
acre)
South of site Central Business District CBD (Central Business State S treetIB osan ka
District) Village
East of site Central Business District CBD (Central Business Office building
District)
West ofsite Central Business District CBD (Central Business Vacant lot
District)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the Community Entry Development Area (CEDA).
H. EXISTING SITE CHARACTERISTICS:
The site is currently vacant, with approximately nineteen (19) trees located along the east
property line. Story Book Way abutting the western property line is improved with curb,
gutter, a tree lined landscape strip and an eight-foot (8') wide concrete sidewalk.
I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.78-acres (33,975 S. F.) 0.0 I-acres (500-square feet)
Percentage of Site Devoted to 25% (approx.) 20% (minimum)
Building Coverage 85% (maximum)
Percentage of Site Devoted to 54% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 12-spaces (includes 2 covered) lO-spaces (1 for each 3-beds)
Front Setback (west) 20-feet (approximate) 20-feet (minimum)
Rear Setback (east) 10- feet O-feet
Side Setback (north) 10- feet lO-feet (minimum)
Side Setback (south) 190-feet 10-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
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Number and Uses of Proposed Buildings:
Two assisted living facilities (each accommodating fifteen (15) beds) are to be constructed
on the site. The buildings will be designed with residential architectural features, with
landscaping, pathways, and similar amenities to be provided for residents of the
development.
Height and Number of Stories of Proposed Buildings:
The single story buildings will be twenty-feet, three-inches (20' - 3") in height as measured
from the average ground level adjacent to the building to the peak of the roof.
Gross Floor Area of Proposed Buildings: 3,934 s.f. and 4,850 s.f.
On and Off-Site Circulation:
The 4,700 square foot (approximate) parking lot is to be served by one (1) twenty-two foot
(22') wide driveway accessing Story Book Way, and located approximately seventy-five
feet (75') south of the northern property line.
K PUBLIC SERVICES AVAILABLE:
The Eagle Sewer District states the site is within the District's service boundaries and
construction plans will need to be approved prior to the connection of sewer service
located within the adjacent roadway. Approval of the water company having jurisdiction
over the site is required prior to the issuance of any building permits for the site.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - a small portion of the parcel is located within the 5OD-year floodplain
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
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P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Power
Q. LETTERS FROM THE PUBLIC:
Letter from Emmett C. Price, 424 Ever After Way, Eagle, ill, 83616 date stamped by the
City on June 17, 2004.
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
Chapter 5 - Economic Development
5.5 Implementation Strategies
c. Encourage a diversity of uses in the Central Business District.
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
Chapter 10 - Housing
10.2 Goal
Encourage a variety of housing so that all residents can choose sound, affordable homes
that meet individual needs.
10.3 Implementation Strategies
a. A wide diversity of housing types and choice between ownership and rental dwelling units
will be encouraged for all income groups.
b. The location of all housing should be coordinated with provisions for adequate public
facilities and services.
c. Development of housing for all income groups close to employment and business centers
should be encouraged.
A. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2 NURSING/CONVALESCENT HOME:
Establishments providing care on a twenty four (24) hour basis for persons requiring
regular medical attention, but excluding facilities providing surgical or emergency medical
services. This classification also includes senior assisted living facilities with provisions
for shared kitchen facilities and rooms with private bathrooms.
. ECC Section 8-2-3 states that a nursing/convalescent home requtres the approval of a
conditional use permit within the CBD zoning district.
. ECC Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting Residential
Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
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screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
. ECC Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
B. DISCUSSION:
. A senior assisted living facility is classified under Eagle City Code as a nursing/convalescent
home, which is listed within the commercial section of the "Schedule of District Use
Regulations" ordinance. Eagle City Code requires nonresidential (commercial) uses to be
separated from residential district lot lines by a minimum of forty-feet (40') except that the
setback may be reduced to fifty percent (50%) if acceptable landscaping or screening is
provided. The property to the north (Once Upon A Time residential subdivision) is separated
from the subject parcel by a six-foot (6') high (approximate) solid vinyl fence, which may be
acceptable as a screening method. The applicant should be required to locate all structures on
the site a minimum of forty-feet (40') from the northern property line unless the Design
Review Board and City Council determines that the existing fence on the northern boundary of
this site is an appropriate screening method and that twenty-feet (20') is an acceptable building
setback.
. Upon the development of the Once Upon a Subdivision (of which this subject parcel is a part),
the developer was required to install curb, gutter and sidewalk along the portion of the site
abutting State Street. In lieu of constructing the improvements, the developer placed a cash
surety with the City until such time as the subject parcel was developed. As a condition of
approval for this conditional use permit, the applicant should be required to comply with the
requirements of the Once Upon a Subdivision and complete the roadway improvements along
State Street, prior to the issuance of a Certificate of Occupancy.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the conditional
use permit with the site specific conditions of approval and the standard conditions of approval
provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 28,
2004, 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 this proposal was presented to the Planning and Zoning Commission
by three (3) individuals with concerns regarding increased density in the area due to the number of
residents proposed to reside at the facilities, the need to ensure that there is adequate parking and to
restrict parking on the adjacent public street, the need to incorporate residential architectural features
into the design of the buildings, the expectation of the site developing with an office use and the need
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of a forty-foot wide buffer between the facilities and the northern property line.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual (other than the applicant/representative) who felt that the development would be attractive
and was glad that concerns about the irrigation ditch along the eastern boundary of the site could be
resolved amicably.
D. Written testimony in opposItion to this proposal was presented to the Planning and Zoning
Commission by one individual with concerns regarding the hours of operation of the facilities,
methods of screening between the facilities and the residential uses to the north, the need for shielded
and "soft" site lighting, and the requirement that the buildings should be single-story only.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of a conditional use permit for
two (2) fifteen-bed nursing home (assisted living) facilities for Ashley Manor Properties LLC, with
the following staff recommended site specific conditions of approval and standard conditions of
approval, with underline text to be added by the Commission and strikethrough text to be deleted
by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (Nursing Home-Assisted living) is approved with the conditions noted herein. The
property is subject to the conditions of design review.
2. All buildings shall be setback from the northern property line a minimum of twenty feet (20'), or
consideration mav be given to an average setback of fifteen-feet (15'), provided no part of the building
is less than ten-feet (10') from the propertv line. Plans showing the existing fence on the northern
property line as well as other screening methods shall be submitted to the Design Review Board for
review and approval prior to the issuance of any building permits.
3. All buildings shall be designed with architectural features that are residential in character and limited
to single-storv construction onlv. Plans shall be submitted to the Design Review Board for review and
approval prior to the issuance of any building permits.
4. Comply with all requirements of Once Upon A Subdivision (PP-8-01), specifically the completion of
street and sidewalk improvements on the northeast comer of the intersection of State Street and
Storybook Way.
5. All living trees that do not encroach upon the buildable area of the lot shall be preserved, or as
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the landscaping areas (unless approved for removal by the City Forester and the Design
Review Board) shall be provided for Design Review Board approval prior to the issuance of any
building permits.
6. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
7. No signs are proposed with this application and none are approved. A separate design revIew
application is required for the approval of any signs.
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8. Prior to the issuance of a Certificate of Occupancv, the applicant shall provide a letter from the
Downtown Eagle Lateral Association stating the Association is satisfied with anv improvements made
in vicinitv to the irrigation lateral adiacent to the eastern boundary of the subiect property.
9. The applicant shall submit cut sheets showing site lighting details for review and approval bv the
Design Review Board. The cut sheets shall show the that site lighting is either recessed or shielded to
direct all light downward and the source of the light (including the lamp and anv non-opaque
materialllens covering the lamp) shall not be directlv visible by a person of average height standing on
the property line of any public right of way, or any private street, or on the propertv line of anv
residentiallv zoned parcel of land or parcel of land used for residential purooses.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits.
2. Department of Environmental Quality approval of the sewer and water facilities is required prior
issuance of any building permits.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits. The lot shall be so graded that all runoff
runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto
another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
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issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
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Department prior to issuance of a building permit.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building
permit.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
22. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
23. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 22, 2004.
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 June 7,2004. 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 June 1, 2004. Requests for agencies' reviews were
transmitted on April 23, 2004, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-4-04) 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
conditional use permit is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 since a nursing home (assisted living facility) may be permitted
in the CBD (Central Business District) zoning district if a conditional use permit
is approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since the Comprehensive Plan encourages a variety of housing types
for residents and, is consistent with Title 8 (Zoning) since a nursing home
(assisted living facility) is permitted with the approval of a conditional use within
the CBD (Central Business District) zoning district;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the nursing homes (assisted living facilities) will be limited to single-story
construction and are required to be designed with architectural features that are
residential in character to compliment the single-family dwellings to the north;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the nursing homes (assisted living facilities) are mainly residential in function
since the intent of the facilities are to integrate and care for older persons within a
residential setting, which will complement the residential uses to the north;
E. Will be served adequately by essential public facilities that are currently available
to the site such as highways, streets, police and fire protection, drainage structures,
refuse disposal, sewer and schools; or that the persons or agencies responsible for
the establishment of the proposed use shall be able to provide adequately any such
services as noted in responses received by agencies providing the public services,
or as conditioned herein;
F. Will not create excessive additional requirements at public cost for public
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facilities and services and will not be detrimental to the economic welfare of the
community since the site has been improved with essential public facilities such as
streets, sewer and water services;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors
since the nursing homes (assisted living facilities) function in most respects
similar to residential uses and do not produce an excessive amount of traffic,
noise, smoke, fumes, glare or odors over that of a typical single-family dwelling;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as required to be
approved by the highway district having jurisdiction; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
4. Pursuant to Eagle City Code 8-7-3-S (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 12th day of July 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon K. Bergmann, Eagle City lerk
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