Loading...
Findings - PZ - 2020 - CU-03-20 - Senora Creek Sub No 03 - 4073 W Prickly Pear Dr Bennett Assisted LivingBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A SENIOR ASSISTED LIVING FACILITY (AKA NURSING/CONVALESCENT HOME) AND A WAIVER PURSUANT TO IDAHO CODE§ 67-6512(1) FOR RICK BENNETT FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-03-20 The above -entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on July 20, 2020, 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: Rick Bennett, represented by Caroline Moore with BrightStar Care, is requesting conditional use permit approval for a 10-bed nursing/convalescent home. The applicant is also requesting conditional use permit approval of a waiver, [in accordance with Idaho Code §67-6512(f)J, of Eagle City Code Section 8-3-2(F), (Requirement for facility to be located adjacent to an arterial or collector roadway). The .51-acre site (Lot 29, Block 10 Senora Creek Subdivision No. 3) is located on the south side of West Prickly Pear Drive approximately 120-feet west of the intersection of North Park Lane and West Prickly Pear Drive at 4073 West Prickly Pear Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site from 6:00 PM to 7:00 PM, Wednesday, May 20, 2020, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on May 26, 2020. 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 July 2, 2020. Notice of this public hearing was mailed to property owners within five - hundred -feet (500-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 29, 2020. The site was posted in accordance with the Eagle City Code on July 7, 2020. Requests for agencies' reviews were transmitted on June 9, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 15, 2016, the City Council approved a rezone from A-R (Agricultural -Residential) to R-3-DA (Residential with a development agreement) and preliminary plat for Senora Creek Subdivision No. 3 (RZ-08-16 & PP-06-16). On April 13, 2017, the Design Review Board approved the common area landscaping within Senora Creek Subdivision No. 3 (DR-08-17). On April 15, 2017, the City Council approved the final plat for Senora Creek Subdivision No. 3, for MM&T Holdings, LLC (FP-05-17). Page 1 of 15 K:1Planning Dept\Eagle Applications\CU\20201CU-03-20 Bennen Assisted Living 10 Betts pzf docx On August 28, 2017, the final plat for Senora Creek Subdivision No. 3 was recorded at the Ada County Recorders Office (Instrument #2017-08056). On March 26, 2019, the City Council denied a conditional use permit and waiver of Eagle City Code Section 8-3-2(F), (Requirement for facility to be located adjacent to an arterial or collector roadway), for a Senior Assisted Living Facility (aka Nursing/Convalescent Home) for Rick Bennett (CU-10-18). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood with R-3-DA (Residential Nursing/Convalescent Transition Overlay with a development Home (8-beds) agreement Proposed North of site Neighborhood with Transition Overlay South of site Neighborhood with Transition Overlay East of site West of site Neighborhood with Transitional Overlay, Public/Semi-Public Neighborhood with Transition Overlay No Change No Change R-3-DA (Residential with a development agreement R-3-DA (Residential with a development agreement R-3-DA (Residential with a development agreement), PS (Public/Semi-Public R-3-DA (Residential with a development agreement Nursing/Convalescent Home (10-beds) Single -Family Residential (Senora Creek Subdivision No. 3) Single -Family Residential (Senora Creek Subdivision No. 2) Vacant and common lot (Senora Creek Subdivision No. 3), North Park Lane, Vocational Rehabilitation School (Meridian Joint School District No. 2 Single -Family Residential (Senora Creek Subdivision No. 3) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site consists of an existing residential dwelling being utilized for a nursing/convalescent home (8-beds). The site also contains an asphalt driveway, connecting to West Prickly Pear Drive, located adjacent to the west side of the residential dwelling and an asphalt parking area located at the rear of the home. A tan vinyl fence is located adjacent to the east, south, and west property lines and extends out from the north plane of the home with a gate located at the driveway. Page 2 of 15 K:\Planning Dept\Eagle Applications1CU\20201CU-03-20 Bennett Assisted Living 10 Beds pzf.docx I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.51 acres N/A Percentage of Site Devoted to Building 18.3 % 40% (maximum) Coverage Percentage of Site Devoted to 12% 10% (minimum) Landscaping Number of Parking Spaces 6-parking spaces 4-parking spaces Front Setback (north) 23-feet 30-feet (minimum) Rear Setback (south) 49.83-feet 25- feet (minimum) Side Setback (east) 36.5-feet 7.5-feet (minimum) Side Setback (west) 19-feet 7.5-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The site consists of an existing residential dwelling being utilized as a nursing/convalescent home with 8-beds. The primary appearance of the residential dwelling will not change. The existing trees and landscaping will be preserved. A 10-foot wide x 12-foot long storage shed is located on the southeast corner of the site. Height and Number of Stories of existing Building: approximately 17 1/2 -feet high, one-story Gross Floor Area of existing Building: 4,068-square feet On and Off -Site Circulation: A 3,528-square foot (approximately) paved parking area is located on the south side of the existing structure. An 11-foot wide gated driveway is located on the west side of the existing structure. K. PARKING ANALYSIS: Number of beds: 10 Nursing/Convalescent Home (ECC Section 8-1-2) - Nursing/Convalescent Home) — 4 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space for each 3 beds for "Nursing/Convalescent Home" use. Total parking spaces existing: A 3,528-square foot paved area provides space for 6 on -site parking spaces (located on the south side of the existing structure). L. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Sewer District, Suez Water, Eagle Police Department, and Eagle Fire Department. Page 3 of 15 K:1Planning Dcpt\Eagle Applications1CU120201CU-03-20 Bennett Assisted Living 10 Beds pzf.docx M. PUBLIC USES PROPOSED: None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. O. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — yes, located along the east, south, and west property lines, one along the north Riparian Vegetation — no Steep Slopes — no Stream/Creek— no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. Q. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Eagle Museum of History & Preservation Eagle Sewer District Division of Environmental Quality R. LETTERS FROM THE PUBLIC: On June 9, 2020, the City of Eagle received a letter from Marcy Naskrent. On June 9, 2020, the City of Eagle received a letter from April Cabello. On June 9, 2020, the City of Eagle received a letter from Gloria Beery. S. 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 Page 4 of 15 K:\Planning Dept\Eagle Applications\CU\20201CU-03.20 Bennett Assisted Living 10 Beds pzf.docx 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. THE PLANNING AND ZONING COMNIISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED 'Wit riiN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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 states, in part, that a Nursing/Convalescent Home located within a R (Residential) zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-7-3-2: General Standards for Conditional Use: 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); Page 5 of 15 K:\Planning Dept\Eagle Applications1CU120201CU-03-20 Bennett Assisted Living 10 Beds pzf.docx 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. • Eagle City Code Section 8-7-3-5(D)(E)(G): 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. E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land to another. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon any transfer of title for the property the conditional use permit transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgement to the city accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. G. Time Limitations, Extensions: 1. Once a conditional use is approved and exercised, said use may continue without further temporal constraints, provided that the use complies with its intended purpose, or city approved modifications thereafter, and does not violate any codes, subject to the following: a. An approved conditional use permit shall be valid for a term approved and conditioned by the city council. Page 6 of 15 K:\Planning Dept\Eagle Applications\CU\2020\CU-03-20 Bennett Assisted Living 10 Beds pzf.docx b. An extension of the time limit for an approved conditional use may be granted by the city council, at its sole discretion, without further notice and hearing, if the following findings are made: (1) There are no outstanding city code or conditional use permit violations on the subject property. If such violations exist, they may be conditioned by the city council to be cured as a condition of the extension of time; (2) The conditional use, as previously approved, remains in the best interests of the health, safety, and general welfare of the city; (3) There have been no significant changes to this code between the date of conditional use approval and the date of the time extension request that would require substantial modifications to the project; (4) There are no hazardous conditions which have developed or have been discovered on the project site; and (5) The public facilities and services required for the project remain adequate. • Eagle City Code Section 8-2A-10: APPLICATION REQUIREMENTS: Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or otherwise change the use of the building or structure in the Design Review Overlay District, the applicant must file an application, upon a form prescribed by the Council, with the Zoning Administrator. All application materials supplied or presented to the City including presentation boards, materials boards and documentation are part of the public record and shall become the property of the City. The applicant may be required to supply the City with colored photos of the presentation boards if determined by the Zoning Administrator. The size of the photos shall be determined by the Zoning Administrator and the boards may be returned to the applicant if the photos are provided to the City. Design review applications for any commercial building larger than one hundred twenty (120) square feet shall be prepared by or under the responsible control of a licensed architect, unless exempted under Idaho Code, section 54-309(2), with said plans to be duly stamped to clearly identify the preparer. Applications shall be accompanied by appropriate architectural and site development plans as may be required by the Zoning Administrator and in accordance with the requirements set forth in this article. The plans shall be legible, to scale and shall include, at a minimum: A. Site Plans Showing: 1. Roofline and foundation plan of building, located on the site; 2. Location of existing trees and structures, if any; 3. Location and dimensions of streets and highway designations; 4. Location and dimensions of off street parking and loading facilities; 5. Location and dimensions of points of entry and exit for vehicles and internal circulation patterns; 6. Location of walls and fences and indication of their height and material of construction; 7. Exterior lighting standards and devices including detailed cut sheets and photometric plan (pedestrian, vehicle, security, decoration); 8. Landscape plan; Page 7 of 15 K:1Planning Dept\Eagle Applications\CU120201CU-03-20 Bennett Assisted Living 10 Beds pzf.docx 9. Scale and north arrow; 10. Location and designation of all rights -of -way and property lines. B. Architectural Plans Showing: 1. Building materials; 2. Four (4) elevations to include all sides of development. Perspectives, models or other suitable graphic materials may be submitted at the option of the applicant and if determined by the Zoning Administrator; 3. Proposed color schemes of entire building, including roof; 4. Site photographs (snapshots) of the site itself and adjacent properties to intersections; 5. Color and texture chips of actual samples of materials may be submitted at the option of the applicant and as may be required by the Zoning Administrator; 6. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and illumination; and 7. Scale drawings showing the placement and size of all roof mounted mechanicals and the screening of such equipment by a parapet wall or within the roof system. (Ord. 462, 11-11-2003) C. Engineered Grading And Drainage Plans: 1. A generalized drainage plan showing direction drainage with proposed on site retention. 2. Upon submittal of building/construction plans for an approved design review application, a detailed site grading and drainage plan, prepared by a registered professional engineer (PE) or licensed landscape architect (ASLA), shall be submitted to the City for review and approval by the City Engineer. 3. a. Upon the completion of the site grading and drainage structure installation, or other improvements subject to City Engineer approval, a written certification of completion shall be prepared by the registered professional engineer (PE) or licensed landscape architect (ASLA) responsible for the plan. The certification of completion shall state that the installation of all drainage improvements are in substantial compliance with the City approved drainage plan. This certification shall be submitted prior to the issuance of a certificate of occupancy and is required as a part of, and not in lieu of, the inspections performed and certificates issued by the City. b. In the event that deficiencies are present after the site grading and drainage structure installation, or other improvements subject to City Engineer approval, the registered professional engineer (PE) or licensed landscape architect (ASLA) shall prepare and file with the City a report noting the deficiencies in the installation. The City will not accept the certification of completion, or issue a certificate of occupancy, until the registered professional engineer (PE) or licensed landscape architect (ASLA) has verified that the deficiencies have been corrected. (Ord. 618, 2-17-2009) D. Existing Structures And Sites: Applications involving conversion, remodeling, restoration, renovation, enlargement, or expansion of existing structures or sites shall contain information sufficient in content and detail so that the Design Review Board and/or Zoning Administrator may be assured the applicant complies with the provisions of this article. Page 8 of 15 K:\Planning Dept\Eagle Applications\CU\2020\CU-03-20 Bennett Assisted Living 10 Beds pzf.docx C. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 67-6512 SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES: (f) In addition to other processes permitted by this chapter, exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a zoning ordinance may be permitted through issuance of a special use permit or by administrative process specified by ordinance, subject to such conditions as may be imposed pursuant to a local ordinance drafted to implement subsection (d) of this section. D. DISCUSSION: • The proposed nursing/convalescent home is located within a residential subdivision. The applicant indicated within their narrative, date stamped by the City on May 26, 2020, that they plan to maintain the facility's current appearance as a house with no modifications to the exterior. No signage is proposed. • As part of the conditional use permit application [in accordance with Idaho Code §67-6512(0], the applicant has requested a waiver of Eagle City Code Section 8-3-2 (F), which states that Nursing/Convalescent Homes shall be located adjacent to an arterial or collector roadway in zoning districts A, A-R, R-E and R. The subject site is not located adjacent to an arterial or collector roadway. There is one single-family residential home and one common lot located between the subject site and North Park Lane which is classified as a residential collector. The proposed nursing/convalescent home is located approximately 120-feet west of North Park Lane. Page 9 of 15 K:SPlanning Dept\Eagle Applications4CU12020\CU-03-20 Bennett Assisted Living 10 Beds pzf docx STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, if City Council approves of the conditional use permit application, staff recommends the site specific conditions of approval and 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 July 20, 2020, 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 the application was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: (Granicus Time 2:47:53) Upon closing the public hearing, the Commission discussed during deliberation that: • The Commission supports the request to allow up to 10-beds at the existing senior living facility. • The Commission is in favor of granting the waiver requested of Eagle City Code Section 8-3-2(F), which states that Nursing/Convalescent Homes shall be located adjacent to an arterial or collector roadway in zoning districts A, A-R, R-E and R. COMMISSION DECISION: The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of CU-03-20 for a conditional use permit for a 10-bed nursing/convalescent home, for Rick Bennett, with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. A Nursing/Convalescent Home with a maximum of 10-beds (residents) and two (2) caregivers is the only use approved with this conditional use permit. (ECC 8-2-3) 2. The applicant shall obtain a zoning certificate prior to operating the Nursing/Convalescent Home with 10 maximum residents. (ECC 8-7-2[A]) 3. The Nursing/Convalescent Home is permitted to operate 24 hours a day/seven days a week. Visiting hours shall be between the hours of 8:00 am and 8:00 pm, seven days a week. 4. Trash receptacles shall be limited to residential, plastic -type (95-gallon approx.) and shall be screened from view. Metal dumpsters shall be prohibited. 5. The applicant shall submit a design review application including site and landscape plans showing any existing and proposed landscaping, trash receptacle storage location, site lighting, and parking lot striping. The design review application shall be reviewed and approved by city staff prior to the issuance of a zoning certificate. 6. In lieu of providing a site drainage plan (per 8-2A-6 (A)(3) and 8-2A-10 (C)), the applicant shall provide a certification letter from a registered professional engineer or a licensed landscape architect indicating that all drainage will be retained on site. The letter shall be provided prior to the issuance of a zoning certificate. 7. Outdoor storage is prohibited. 8. No signs are proposed with this application and none are approved. Page 10 of 15 K:\Planning Dept\Eagle Applications1CU120201CU-03-20 Bennett Assisted Living 10 Beds pzi:docx NOTE: In the event a Standard Condition of Approval conflicts with a Site -Specific Condition of Approval contained herein the Site -Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. 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 or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 issued. 8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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 Engineer prior to the City Engineer signing the final plat. Page 11 of 15 K:1Planning DeptlEagle Applications1CU120201CU-03.20 Bennett Assisted Living 10 Beds pzfdocx 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 10. 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 or Certificate of Occupancy, whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. 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. 12. 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. 13. 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, 1,500 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 be 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 Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Page 12 of 15 K:1Planning Dept\Eagle Applications\CU120201CU-03-20 Bennett Assisted Living 10 Beds pzf docx 16. 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 or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. 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 or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. 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. 21. 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. 22. 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. 23. 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 advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 25. 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 Planning and Zoning Commission approval date). 26. 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. 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. Page 13 of 15 K:1Planning DeptlEagle Applications1CU120201CU-03-20 Bennett Assisted Living 10 Beds pzfdoctt CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU- 03-20) 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 Eagle City Code Section 8-2-4, which establishes use for the zoning district involved since a senior assisted living facility may be permitted within the R-3-DA (Residential with a development agreement) zoning district with the approval of a conditional use permit; 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), (as shown within the findings provided within this document), since there are no inconsistencies with the Comprehensive Plan, since the proposed senior assisted living facility will be located within the R- 3-DA (Residential with a development agreement) zoning district and will be architecturally compatible with the surrounding dwellings within the area, and since the development will be required to meet conditions of a design review application; 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 development will not only be required to meet the City's design review requirements, but will also be required to the meet the requirements noted herein; D. Will not be hazardous or disturbing to existing or future neighborhood uses since it has been determined that the facility is equal to or less intensive than a single family residence; 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, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; 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 since the entire project will be privately funded by the applicant and all public facilities and services are available to the project; 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 transportation system has been found to be adequate by Ada County Highway District and since the development is not expected to generate any noise, smoke, fumes, glare or odors; H. Will have a vehicular approach to the property via West Prickly Pear Drive, which is designed as not to create an interference with traffic on surrounding public thoroughfares as approved by Ada County Highway District; 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 at this site. 2. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. Page 14 of 15 K:1Planning DeptlEagle Applications1CU120201CU-03-20 Bennett Assisted Living 10 Beds pzf.docx DATED this 3`d day of August 2020. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman Page 15 of 15 K:1Planning Dept\Eagle Applications\CU120201CU-03-20 Bennett Assisted Living 10 Beds pzf docx