Findings - PZ - 2012 - RZ-04-12 - Rz From Ar To Mu-Da/5.5 Acre/3605 W. Flint Drive BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM A-R(AGRICULTURAL— )
RESIDENTIAL TO MU-DA(MIXED USE WITH )
A DEVELOPMENT AGREEMENT)FOR )
FOR EAGLE ISLAND CROSSING LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-12
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on September 17, 2012. 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:
Eagle Island Crossing, LLC, represented by Eric Anderson with ALC Architecture, is
requesting approval of a rezone from A-R (Agricultural-Residential — up to one (1) unit
per five (5) acres) to MU-DA (Mixed Use with a development agreement). The 5.5-acre
site is located on the south side of West Flint Drive approximately 870-feet east of the
intersection of North Park Lane and West Flint Drive at 3605 West Flint Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 5:30 to 8:00 PM, Wednesday, July 25, 2012, on
site in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on August 2, 2012.
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 August 27, 2012. 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 August 29, 2012. The site was posted in accordance with the Eagle City Code on
September 5, 2012. Requests for agencies' reviews were transmitted on August 3, 2012,
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 10
K:\Planning DeptTagle Applications\RZ&A\2012\RZ-0412 Eagle Island Crossing LLC pzf doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential A-R(Agricultural-Residential Existing residence and
—up to one(1)unit per five accessory structure(both to
(5)acres be removed)
Proposed No change MU-DA (Mixed Use with a Assisted living facility and
development agreement) senior housing
North of site Transitional Residential A-R(Agricultural-Residential Single family dwelling and
—up to one(1)unit per five accessory structures
(5)acres
South of site Mixed Use MU-DA(Mixed Use with a Vacant lot(L4, B2, Flint
development agreement) Estates Subdivision)and
Arts West Subdivision
(Commercial)
East of site Mixed Use MU-DA(Mixed Use with a Arts West Subdivision
development agreement) (Residential units and one
commercial building)
West of site Mixed Use MU-DA(Mixed Use with a Single-family dwelling
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 5.5-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on August 2, 2012, attached to
the staff report and incorporated herein by reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on August 2, 2012, attached to
the staff report and incorporated herein by reference.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Central sewer and water lines are located adjacent to the site and the proposed assisted
living facility and senior housing units will be connected to those services. The property is
currently located within the City of Eagle, fire service is provided by Eagle Fire District
and law enforcement is provided by the Eagle Police Department.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
Page 2 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2012\RZ-04-I2 Eagle Island Crossing LLC pzfdoc
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—adjacent to West Flint Drive and the southwest of the existing 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 are apparent on the site.
O. 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:
Ada County Highway District—Indicated that the applicant will be required to construct
Flint Drive as one-half of a 36 foot street section with vertical curb, gutter, and 5-foot
with detached concrete sidewalks, replace the three (3) existing driveways with a 24 foot
wide driveway onto Flint Drive, and payment of impact fees.
Boise River Flood Control District No. 10—Indicated that the project is located outside of
the district.
Central District Health Department—Indicated that plans for the proposed central sewage
and central water systems will be required to be submitted to the Idaho Department of
Environmental Quality for central sewage and central water infrastructure. Upon written
approval from the appropriate entities is submitted CDHD will approve the proposal for
central sewage and central water.
Chevron Pipe Line Company — Indicated they have no conflicts with the proposed
application
Idaho Transportation Department — Indicated they have no objection to the proposed
application and no noise mitigation will be required
Eagle Fire Department—Indicated they have no opposition to the application.
Middleton Irrigation Association and Middleton Mill Ditch Company — Indicated the
project is outside of their service area
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:
• The Comprehensive Plan Land Use Map (adopted August 25, 2009) designates this site as
Transitional Residential
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Page 3of10
K:\Planning Dept\Eagle Applications\RZ&A\2012\AZ-04-12 Eagle Island Crossing LLC pzf.doc
Commonly requires changes in lot dimensions and scaling, see specific planning area text for a
complete description.
Chapter 6—Land Use
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
3. Flint Drive shall be preserved primarily as a residential street while properties abutting
State Street should include a mix of residential uses, commercial uses limited to lease
spaces no larger than 30,000 square feet and office uses that promote trip capturing.
The properties abutting State Street shall be reviewed and conditioned by the City
through the use of a development agreement at the time of rezone.
5. The land use for the properties north of Flint Estates and extending to Floating Feather
Road is Transitional Residential to ensure compatible residential lot sizing adjacent to
the Colony Subdivision. Extending east to west, ensuring compatibility with the 1
acre lots in the Colony Subdivision, densities in the area will increase to a maximum
of 3 units per acre near the high school.
B. Design
2. Flint Estates Area:
a. The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and
high school areas, and to complement the existing mixed use areas at State Street
and Park Lane(Camille Beckman)and planned new residential uses adjacent to
the north.
b. Street trees,benches and sidewalks are encouraged within the Park Lane Planning
Area.
c. Common parking areas at the sides of buildings and joint parking agreements
should be encouraged so walking distances between buildings are minimized and
provide a pedestrian scale to the area.
d. Activity and building orientation should focus on internal circulation roads rather
than the regional transportation network. Flint Drive is to remain primarily a
residential roadway.
e. On-street parking should be encouraged where sufficient right of way is available.
f. Signage should be done as a master sign plan rather than individual signs located
along State Highway 44/State Street.
Page 4 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2012\RZ-04-12 Eagle Island Crossing LLC pzf doc
g. Transitional residential densities and design elements(berms, fences, etc.) should
be used to provide buffering to residential areas to the east and north of the mixed
use area.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Dwelling, Multi-Family as:
A dwelling consisting of three(3)or more dwelling units including townhouses and
condominiums with varying arrangements of entrances and party walls. Multi-family
housing may include public housing.
• Eagle City Code Section 8-1-2 defines Dwelling, Two-Family as:
A dwelling, consisting of two(2)dwelling units which may be either attached side by side
or one above the other.
• Eagle City Code Section 8-1-2 defines Nursing/Convalescent Home as:
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.
• Eagle City Code Section 8-1-2 defines Setback Line as:
A line established by this title, generally parallel with and measured from the lot line
(except for front setback), defining the limits of a yard in which no building or structure
may be located aboveground except as may be provided herein.
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
Single-family, two-family, multi-family dwelling uses and a nursing/convalescent home
use requires the approval of a conditional use permit within the MU zoning district.
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Covered Area(Acres Or Lot
Sq. Ft.)G And H* Width I*
MU 35' 20' 20' 7.5' 20' 80% 5,000-square feet 50'
• Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
Apartments or multi- For each unit with 2 or more bedrooms-2 including 1 covered; for each 1
family dwellings bedroom or studio unit- 1.5 including 1 covered. 0.25 spaces per unit shall
be provided for guest parking. Adjacent on street parking spaces on a local
street may be credited toward the guest parking requirement
Two-family dwelling For each unit-2 including 1 covered
Nursing/convalescent 1 for each 3 beds
homes
Page 5 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2012\RZ-04-12 Eagle Island Crossing LLC pzf.doc
• Eagle City Code Section 8 Development Agreements:
8-10-1: Requirements and Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the council as
a condition of rezoning. Development agreements allow a specific project with a
specific use to be developed on property in an area that is not appropriate for all uses
allowed or conditional in the requested zone.
C. DISCUSSION:
• The Comprehensive Plan designates this site is Transitional Residential. The applicant is
requesting annexation and rezone from A-R (Agricultural-Residential up to one (1) unit per
five (5) acres) to MU-DA (Mixed Use with a development agreement) zoning designation to
allow for an assisted living facility(nursing/convalescent home)and 23-residential cottages for
independent care housing. The applicant is proposing to phase the project into three (3)
separate phases. Phase I will consist of the residential cottages and a club house/resident
services building. The 23-independent care residential cottages should be limited to "older
persons" (55 and over— as defined by the federal fair housing act of 1999, or any subsequent
revision thereof). The club house/resident services building will also be the first phase of the
assisted living facility. Phase II will consist of adding an east wing and a north wing to the
club house/resident services building providing for assisted living rooms. Phase III will consist
of adding a west wing to the club house/resident services building providing for a memory
care center. As shown on the site plan date stamped by the City on August 2, 2012, the
assisted living facility (nursing/convalescent home) building will be approximately 28,400-
square feet in size. The applicant will be required to submit a design review application for the
proposed assisted living facility, the multi-family residential cottage, and proposed site
landscaping to be reviewed and approved by the Design Review Board prior to issuance of a
zoning certificate.
• Pursuant to Eagle City Code, a conditional use permit is required for a residential use or a
nursing/convalescent home use to be located in an area with a MU (Mixed Use) zoning
designation. A development agreement in lieu of a conditional use permit is being proposed to
allow for the proposed use, site layout, address spacing of the buildings, and architectural
design of the proposed facilities and dwelling units. The applicant has stated in the provided
narrative, date stamped by the City on August 2, 2012, that it is their intention to design the
residential cottages with the neighboring properties in mind and the assisted living facility will
be consistent with the commercial buildings located within the neighboring Art's West
Development.
• Access will be provided to the site through two (2)connections to West Flint Drive, one(1) of
which is located on the adjacent property located east of the subject property. The adjacent
property located east of the subject property is also owned by the applicant. The site will also
have an access point located at the southeast corner of the development which provides access
to the commercial area of Art's West Subdivision.
• The applicant is proposing ten (10) residential cottage buildings consisting of one (1) multi-
family dwelling(six-units), eight(8)two-family dwellings (16-units) and one (1) single-family
dwelling for a total of 23-units. The site plan, date stamped by the City on August 2, 2012,
shows the two-family dwellings as being spaced approximately 10-feet apart. The site plan
also shows the foundation of the western elevation of the assisted living facility as being
spaced approximately 15-feet from the foundations of the two-family dwelling units located
adjacent and to the west of the assisted living facility. The foundations of the residential
cottages should be spaced no less than 10-feet from the adjacent residential cottage and no less
Page 6 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2012\RZ-04-12 Eagle Island Crossing LLC pzf doc
than 15-feet from the assisted living facility.
• The site plan, date stamped by the City on August 2, 2012, delineates what appears to be
sidewalks and vertical curbing throughout the development. The applicant should be required
to provide sidewalks and vertical curbing throughout the development prior to issuance of a
Certificate of Occupancy for either the assisted living facility or any of the proposed
residential cottages.
• The Concept Plan, date stamped by the City on August 2, 2012, does not show the existing
residential dwelling or the existing accessory structure. The applicant should be required to
remove the existing structures located on the site prior to the commencement of construction
of the proposed improvements to the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone from A-R-DA (Agricultural-Residential up to one (1) unit per five (5) acres) to MU-DA
(Mixed Use with a development agreement) with the conditions to be placed within a development
agreement as noted in the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 17, 2012, 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).
D. Oral testimony neither in favor nor opposed to was presented by one (1) individual who owns the
adjacent property located west of the proposed development. The individual indicated that he was
concerned with the high speed that the high school students drive their vehicles on West Flint Drive.
The individual also indicated that the applicant should install a fence to buffer the proposed
development from their residence.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed use should be a quiet operation
• The site will be landscaped and well maintained
• The applicant should be required to provide a fence adjacent to the west property line to
buffer the adjacent neighbor from the proposed use
• The applicant has worked proactively with the neighbors to address any concerns the
neighbors may have regarding the proposed use
COMMISSION DECISION:
The Commission voted 4 to 0 (Aizpitarte absent) to recommend approval of RZ-04-2012 for a
rezone from A-R-DA (Agricultural-Residential up to one (1) unit per five (5) acres with a
development agreement) to MU-DA (Mixed Use with a development agreement) for Eagle Island
Crossing, LLC, with the following staff recommended conditions to be placed within a
development agreement with underline text to be added by the Commission:
Page 7 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2012\RZ-04-12 Eagle Island Crossing LLC pz£doc
3.1 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
Project. As the Concept Plan evolves, the City understands and agrees that certain changes
in that concept may occur or be required. If the City determines that any such changes
require additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan and
notice shall be provided as may be required by the City.
3.2 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.
3.3 The Owner shall submit a Design Review application for the site (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the
Design Review prior to receiving a Certificate of Occupancy for any structure constructed
on the site.
3.4 Development of the Property will be permitted through the Design Review process and
future conditional use permits for the assisted living facility (nursing/convalescent home)
and the 23-residential cottages will not be required, excluding any height exceptions that
may be requested. Height exceptions shall require a conditional use permit.
3.5 The assisted living facility (nursing/convalescent home) shall be architecturally designed to
be compatible to the commercial buildings located within Art's West Subdivision.
3.6 The residential cottages shall be architecturally designed to be similar in appearance to the
residential dwellings located within The Crossing Cottages Condominiums.
3.7 The foundations of the two-family residential cottages shall be spaced no less than 10-feet
from the adjacent residential cottage and no less than 15-feet from the assisted living facility.
3.8 The setbacks for all structures shall be measured from the perimeter of the property with
West Flint Drive (north property line) being considered the street that the front setback will
be measured from.
3.9 The Owner shall be required to provide sidewalks and vertical curbing (as shown on the
Concept Plan) throughout the development prior to issuance of a Certificate of Occupancy
for either the assisted living facility or any of the proposed residential cottages.
3.10 The Owner shall be required to remove the existing structures located on the site prior to the
commencement of construction of the proposed improvements to the site.
3.11 The 23-residential cottages shall be limited to "older persons" (55 and over—as defined by
the federal fair housing act of 1999, or any subsequent revision thereof).
3.12 The Owner shall comply with all requirements of the Ada County Highway District
(ACHD).
3.13 The Owner shall enter into a formalized agreement with the adjacent property owner to the
west(Kim and Sherry Washburn) approving the construction of a six-foot(6') high fence to
provide buffering adjacent to the common property line located on the western boundary of
the site.
Page 8 of 10
K-\Planning Dept\Eagle Applications\RZ&A\2012\RZ-04-12 Eagle Island Crossing LLC pzf.doc
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held from 5:30 to 8:00 PM, Wednesday, July 25, 2012, on site in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on August 2, 2012.
2. 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 August 27, 2012. 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 August 29, 2012. The site was posted in accordance
with the Eagle City Code on September 5, 2012. Requests for agencies' reviews were transmitted on
August 3, 2012, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-04-12)
in terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and has
made the following conclusions with regard to the proposed rezone:
a. The requested zoning designation of MU-DA (Mixed Use with a development
agreement) is consistent with the Transitional Residential 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 uses proposed on this property under the
proposed zone;
c. The proposed MU-DA (Mixed Use with a development agreement) zone is
compatible with the A-R (Agricultural-Residential — up to one (1) unit per five (5)
acres) zone and land use to the north since that area may be developed in a similar
manner as this development, and;
d. 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 south since that area could may be developed with a commercial use
similar to that of Art's West Subdivision at a later date;
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 west since that area will be developed as a residential subdivision
pursuant to the executed development agreement, and;
f. 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 is being developed with residential units of similar
size and commercial that will be compatible with the proposed use;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area"as described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the applicant will remove all existing
structures on the site. Therefore, no non-conforming uses are expected to be created
with this rezone.
Page 9 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2012\ Z-04-I2 Eagle Island Crossing LLC pzfdoc
DATED this 1st day of October, 2012.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Adtd C • aho
....-#
A
Victor Villegas, hair i aI .'.i/V+OFF�'o
.,........ q
ATTEST: * GoRPOR �S
9^ 0.�' f..
aron K. a gmann, Eagle City erk. ,,;y,S�A1, : * :
Regulatory Taking Notice: Applicant has$4,rigirtfaxwmer to section 67-8003, Idaho Code, to request a
regulatory taking analysis .........•.``
Page 10 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2012\RZ-04-12 Eagle Island Crossing LLC pzf doc