Findings - PZ - 2014 - A-01-14/RZ-01-14 - Rz From Rut To Mu-Da/4.89 Acre/430/450 W. Chinden Blvd BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
TO MU-DA (MIXED USE WITH A )
DEVELOPMENT AGREEMENT)FOR )
WILLIAM J. &NANCY HINES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-01-14 & RZ-01-14
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on March 3, 2014, 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:
William J. &Nancy Hines are requesting approval of an annexation and rezone from RUT
(Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with a
development agreement). The 4.89-acre site is located on the north side of West Chinden
Boulevard approximately 1,300-feet west of the intersection of North Meridian Road and
West Chinden Boulevard at 430 &450 West Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, January 9, 2014, at Silvercreek Realty
Group, 827 S. Bridgeway Place, Eagle, Idaho, in compliance with the application
submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on January 13, 2014.
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 February 10, 2014. 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 12, 2014. The site was posted in accordance with the Eagle City Code
on February 12, 2014. Requests for agencies' reviews were transmitted on January 16,
2014,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.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential RUT(Rural-Urban Transition Vacant Land
—Ada County Designation)
Proposed No Change MU-DA(Mixed Use with a Assisted Living
Development Agreement) Facility
North of site Transitional Residential
R1 (Estates Residential—Ada Foxtail Subdivision
County Designation)
South of site Mixed Use Community(City of RUT(Rural-Urban Transition Vacant Land
Meridian Area Impact) —Ada County Designation)
East of site Transitional Residential! MU-DA(Mixed Use with a Ashbury
Professional Office development agreement Subdivision
West of site Transitional Residential/Mixed R1 (Estates Residential—Ada Foxtail Subdivision
Use County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 4.89-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The applicant seeks a rezone to Mixed Use to allow for the construction of up to 100 units of
assisted living in a single facility. This would allow for the development of the site at its highest
and best use, as well as providing a transition from a busy highway to the existing home sites to
the west and north, and offices to the east. The usage is perfect for transition because of the quiet
nature of the use and the low traffic it would generate. The zoning change proposed is compatible
with a rural urban transition,particularly along the highway corridor.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Municipal sewer is available to this site through Eagle Sewer District and water will be supplied
by United Water Company. The site will access temporarily onto West Chinden Boulevard. Once
Bavaria Street is constructed to the site's property line as part of Ashbury Subdivision, the access
onto West Chinden Boulevard will be closed.
A letter from the Central District Health Department states that they have no objection to the
project.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
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Floodplain—No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
M. NON-CONFORMING USES: None.
N. 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
Central District Health
Department of Environmental Quality
Idaho Transportation Department
O. LETTERS FROM THE PUBLIC: None received to date.
P. 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:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted February 3, 2011) designates this site as
Transitional Residential.
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.
Commonly requires changes in lot dimensions and scaling, see specific planning area text
for a complete description.
• 6.8.7 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have
been developed as one-acre and five-acre lots through the Ada County development process.
The future land uses in the area are predicated on Linder Road being the only Eagle City
river crossing between Eagle Road and Star Road, the need to buffer and preserve the
existing residential developments, and the need to provide commercial opportunities along
the regional transportation corridors south of the Boise River. Because of the alignment of
the State Highway 16 crossing moving further to the west (to McDermott), no clear funding
option or timeline for the SH 16 crossing, and recent changes in nearby city limit boundaries
(Meridian), the previously planned regional commercial area at Black Cat no longer is a
viable location for the City of Eagle.
A. Uses: The land use and development policies specific to the Rim View Planning Area
include the following:
1. A forty acre commercial area located at the northeast corner of the intersection of
Chinden Boulevard and Linder Road is to be designed and developed as a unit. This
commercial area is intended to serve the Eagle community as a gateway into town
before crossing the river.
2. Areas designated as Transitional Residential should have an average residential
density of up to 2 units per acre. Units should be clustered to provide for transitional
lot sizes to ensure compatibility of new residential uses to existing residential uses
and the commercial and office uses located at Linder Road and Chinden.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with
exiting open space and recreation areas located in the Rim View Area. The patio
homes and townhouses may be located near the commercial area.
B. Access
1. Access to the area should focus on new internal linkages that allow adjacent parcels
to provide pedestrian and vehicle connectivity into the Rim View Planning Area.
2. Primary access should be on Linder Road with limited access onto Chinden
Boulevard only in accordance with LTD's access management policies. All accesses
should be designed to allow traffic to flow through the area connecting Meridian
Road to Linder Road may provide the opportunity of future east/west residential
collector linkage within the planning area. Cross access and local stub streets should
be used to allow the planning area to be interconnected without the need to access
the arterial and state highway network.
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3. Internal and interconnected circulation should be used to move traffic within the
nonresidential area, helping to mitigate the number of local vehicle trips entering
State Highway 20/26 and Linder Road to access commercial and mixed use services
and create cross access into adjoining properties.
4. Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle
and development should adhere to proper berming, landscaping, and appropriate
setbacks to prevent the encroachment of abutting uses into future corridor
improvements. This would protect the viability of the regional transportation
corridor as well as buffer the abutting uses from the impacts of the corridor.
C. Design
1. This area is recognized as a gateway to the City of Eagle, to be integrated with
appropriate landscaping, entry features, and place-making features in the design of
the area.
2. Design of this area should be compatible to the existing residential uses currently
present in the area and future mixed uses.
3. Design of commercial and office uses should be compatible with the existing
residential uses and contain significant landscaped buffers to reduce impacts and
appealing building design elements to promote a cohesive character. Commercial
development should provide for indirect vehicle connections and for safe and
efficient pedestrian linkages to the mixed use and residential areas adjacent to the
site.
4. Both Chinden Boulevard and Linder Road should be developed with a detached
sidewalk and planting strip adjacent to the back of curb, further solidifying the
purpose and character of the gateway corridor of Chinden Boulevard.
5. Signage for all non-residential uses should be designed to be consistent and
complimentary, with place-making being the primary objective and identification of
uses being secondary.
6. Non-residential areas should be designed with features and materials intended to
compliment and buffer residential uses and to avoid creating a tunnel or wall effect
along the backside of the large buildings.
D. Issues
1. One of the main concerns in the development of this area is the ability to properly
balance and buffer the commercial uses with existing residential uses. New mixed
use areas should be designed in a manner that provides a cohesive transition and
connectivity between the commercial and residential uses, incorporating elements
that will provide a common and complimentary identity between such uses.
2. Considering the large amount of undeveloped or underdeveloped land within the
planning area,each proposed project should be evaluated for the potential to provide
linkages and connectivity to adjacent parcels. This is necessary to establish a
functioning local and collector roadway system to support the regionally significant
roadways at the south and west of this area.
3. As this area develops, consideration should be made of the transitory uses that have
been approved by Ada County which may be nearing their end.
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-1 Districts Established:
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. 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.
• Eagle City Code Section 8-1-2 Rules and Definitions:
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.
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
LAND USES DISTRICTS
A R E R O A C C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
COMMERCIAL
Nursing/convalescent
CC CC C C C '
home
• Eagle City Code Section 8-2A-7 (J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses and
a convenience store, or a high volume roadway and residential dwellings.
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
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
screening approved by the council is provided. Such screening shall be a masonry or solid
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fence between four (4) and eight (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.
• Eagle City Code Section 8-7-3-5 Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including,but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. DISCUSSION:
• The applicant is requesting to rezone approximately 4.89 acres from RUT (Rural-Urban
Transition — Ada County designation) to MU-DA (Mixed Use with a development
agreement) to construct an assisted living development of up to 100 units. The site is
bordered by an existing subdivision (Foxtail Subdivision)to the north and west of the site.
To the east of the site is Ashbury Subdivision, a 246-lot residential subdivision, with
phase one currently under construction. Ashbury Subdivision will provide access to the
site via Bavaria Street with a future phase of development.
• The site concept plan, date stamped by the City on January 13, 2014, shows two accesses
into the site. The first access is onto West Chinden Boulevard. The second access would
tie into a future stub street (Bavaria Street) once it is constructed as part of Ashbury
Subdivision.
The letter from Idaho Transportation Department,date stamped by the City on January 17,
2014, identifies that the access onto West Chinden Boulevard should be closed once
Bavaria Street is constructed to the site's property line. The applicant should be required
to close the access and provide the City of Eagle a surety for the future closure of the
access and the construction of landscaping adjacent to West Chinden Boulevard.
Additionally, the letter from Ada County Highway District, date stamped by the City on
February 18, 2014 identifies that a cul-de-sac should be constructed at the terminus of
Bavaria Street once the roadway has been constructed to the site's property line.
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) 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.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
March 3, 2014, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
three (3) individuals who requested that fencing be constructed on the north and west property
lines (where none currently exists) on top of a berm to provide screening for the existing homes.
One individual wanted to make sure the open ditch along the north property line would be
protected, and inquired about the proposed height of the building.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-01-14 and RZ-01-14 for an annexation
and rezone from RUT (Rural-Urban Transition—Ada County designation)to MU-DA(Mixed Use
with a development agreement) with the following staff recommended conditions to be placed
within a development agreement with underline text to be added by the Commission:
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant 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 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. 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, notice shall be
provided as may be required by the City.
3.3 Assisted Living is the only approved use for the site. Any change of use will require a
modification to this agreement prior to the change of use.
3.4 Access onto West Chinden Boulevard shall be designated as a temporary access until such
time that Bavaria Street is constructed as part of Ashbury Subdivision, stubbed to the site,
and the applicant constructs a cul-de-sac at the terminus of Bavaria Street pursuant to the
Ada County Highway District requirements, at which time the access onto West Chinden
Boulevard shall be closed. A surety shall be provided to the City for the future closure of
the temporary driveway.
3.5 Landscape buffering and siting of the facility shall be designed to mitigate the effects of the
development on adjacent residences. All buildings shall be setback from the western and
northern property lines with landscaping buffers constructed pursuant to Eagle City Code
Section 8-3-3. A minimum three(3) foot high landscape berm with a six (6) foot high white
vinyl fence shall be placed adjacent to the north and west boundaries of the development.
3.6 All buildings shall be set back a minimum of ninety feet (90') from the centerline of West
Chinden Boulevard to accommodate the future corridor widening (The minimum distance
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accounts for seventy feet (70') of right-of-way from the centerline of West Chinden
Boulevard and a minimum twenty foot(20')wide setback for the front of the building).
3.7 Applicant shall construct a thirty five foot (35') wide landscape buffer adjacent to Chinden
Boulevard in accordance with Eagle City Code Section 8-2A-7(J)(4)(a).
3.8 Applicant shall construct improvements and satisfy all conditions required by the Ada
County Highway District and the Idaho Transportation Department prior to issuance of any
building permit for any building within the development. These improvements include, but
are not limited to, dedication of right-of-way for future road widening (including the
terminus of Bavaria Street), roadway improvements, construction of sidewalk, and
construction of driveways in the locations and configurations as determined by the
aforementioned entities. Approval letters from these entities shall be provided to the City
prior to the issuance of a building permit.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, January 9, 2014, at Silvercreek Realty Group, 827
S. Bridgeway Place, Eagle, Idaho, in compliance with the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on January 13,
2014.
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 February 10, 2014. 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 12, 2014. The site was posted
in accordance with the Eagle City Code on February 12, 2014. Requests for agencies' reviews
were transmitted on January 16, 2014, in accordance with the requirements of the Eagle City
Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-01-
14) 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 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 Transitional Residential land use designation as
shown on the Comprehensive Plan Land Use Map, and;
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, and;
c. The proposed MU-DA (Mixed Use with a development agreement) zone is
compatible with the R1 (Estate Residential — Ada County designation) zone and land
uses to the north and west since those areas are developed with residential
subdivisions, and;
d. The proposed MU-DA (Mixed Use with a development agreement) zone is
compatible with the MU-C (Mixed Use Community — City of Meridian designation)
zone and land use to the south since that area could be developed in a similar
"community serving use"at a later date, and;
e. The proposed MU-DA (Mixed Use with a development agreement) zone is
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compatible with the MU-DA (Mixed Use with a development agreement) zone and
land use to the east since that area will be developed as a residential subdivision, and;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area"as described within the Comprehensive Plan, and;
g. There are no existing structures on the site. Therefore, no non-conforming uses are
expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of the proposed development
agreement in lieu of a conditional use in terms of Eagle City Code Section 8-7-3-2, "General
Standards For Conditional Uses"and has concluded that the proposed conditional use:
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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DATED this 17th day of March 2014.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Don Roehling,Chairman ,,,00,,,,,,,,•,,,,,
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Sharon K. Bergmann,Eagle City lerk `�y r o��,'�
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