Findings - CC - 2020 - A-02-20 & RZ-02-20 - Willow RunBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION AND REZONE
FROM RUT (RURAL -URBAN TRANSITION)
TO R-4-DA (RESIDENTIAL WITH A
DEVELOPMENT AGREEMENT [IN LIEU
OF A CONDITIONAL USE PERMIT]) FOR
A SENIOR LIVING FACILITY AND A
BUILDING HEIGHT EXCEPTION FOR
CAMERON GENERAL CONTRACTORS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-20 & RZ-02-20
The above -entitled annexation and rezone applications came before the Eagle City Council for their action
on July 28, 2020, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cameron General Contractors, Inc., represented by Charles Baverman, III, with Dinsmore & Shohl,
LLP is requesting annexation and rezone from RUT (Rural -Urban Transition — Ada County
designation) to R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit]) for a 130-unit senior living facility and a building height exception. The 10.44-acre site is
located on the east side of North Linder Road approximately 90-feet south of the intersection of
West Temple Drive and North Linder Road at 6910 and 6940 North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Monday,
February 3, 2020, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were received by the City of Eagle on February 12, 2020. Building
elevations and a supplement to the narrative was received by the City of Eagle on March 10, 2020.
A revised site plan was received by the City of Eagle on May 12, 2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on February 14, 2020, in accordance with the
requirements of the Eagle City Code. 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 May 29, 2020. Notice of this public hearing
was mailed to property owners within 1,500-feet of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 29, 2020. The site
was posted in accordance with the Eagle City Code on June 2, 2020.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 10,
2020. Notice of this public hearing was mailed to property owners within 1,500-feet of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on July 10, 2020. The site was posted in accordance with the Eagle City Code on July 1,
2020.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 17, 2015, the City Council voted 2 to 2 (Butler and McFarland against, Kunz and
Ridgeway in favor, Mayor against) to deny CPA-01-15 & A-01-15/RZ-04-15 for a comprehensive
plan map and text amendment and an annexation and rezone with development agreement for LR5,
LLC.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Neighborhood
Residential and
Residential Transition
Overlay
No Change
Neighborhood
Residential and
Residential Transition
Overlay
Mixed Use
Neighborhood
Residential and
Residential Transition
Overlay
Neighborhood
Residential
ZONING
DESIGNATION
RUT (Rural -Urban
Transition — Ada County
designation)
R-4-DA (Residential with a
development agreement [in
lieu of a conditional use
permit])
MU-DA (Mixed Use with
a development agreement
[in lieu of a PUD])
C-3-DA (Highway
Business District)
MU-DA (Mixed Use with
a development agreement
[in lieu of a PUD])
RUT (Rural -Urban
Transition — Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 10.4-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
LAND USE
Single-family dwelling
with pasture
Senior living facility
Single-family dwellings
(Gated Garden
Subdivision)
Eagle Island Marketplace
(Lazy P Subdivision)
Single-family dwellings
(Gated Garden
Subdivision)
Single-family dwellings
(Almaden Acres
Subdivision)
See applicant's justification letter, date stamped by the City on March 10, 2020 (attached to the
staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter, date stamped by the City on March 10, 2020 (attached to the
staff report).
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K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property has stubbed access points from North Cherub Avenue (north) and the Eagle Island
Marketplace site (south). The property will be served by the Eagle Police Department, Meridian
Fire Department, Suez Water Company, and Eagle Sewer District.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — Yes, the site contains a riparian area along the irrigation
ditch located in proximity to the northern property line of the subject site
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes, in proximity to the existing residences
Riparian Vegetation — Yes, along the northern portion of the site in proximity to the ditch
Steep Slopes — No
Stream/Creek — Yes, irrigation ditch located in proximity to the northern property line
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — No
Wildlife Habitat — No
N. NON -CONFORMING USES:
The site consists of two (2) separate properties located at 6910 North Linder Road and 6940 North
Linder Road. The property located at 6910 North Linder Road contains two (2) residential
dwellings. The property located at 6940 North Linder Road contains an accessory storage building
located within the front yard area of the residential dwelling. Properties located within the R-4
(Residential) zoning district are not permitted to have two (2) residential dwellings located within
a single parcel or an accessory storage building located within the front yard area. The applicant is
proposing to remove all the structures located within the property; therefore, eliminating the non-
conforming uses.
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 Development Services
Ada County Highway District
Ballentyne Ditch Company
Meridian Fire Department
P. LETTERS FROM THE PUBLIC: None received to date.
Q. 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);
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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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 November 15, 2017),
designates this site as the following:
Neighborhood
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. See specific planning areas for further
description.
6.11.1 RIM VIEW LAND USES
C. Land uses such as, but not limited to, hotels, fitness centers, laundromats, car washes, and assisted
living/retirement centers that generate excessive wastewater flows (more than normal residential
or commercial uses) should be prohibited in this area.
6.11.2 RIM VIEW ACCESS
A. Access to the area should be focus on a new collector that allows adjacent parcels to provide
pedestrian and vehicle connectivity into the Rim View Planning Area.
B. Primary access should be from Temple Drive (a residential collector connecting Linder Road to
Meridian Road) with limited access onto Chinden Boulevard in accordance with ITD's access
management policies. 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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C. Internal and interconnected circulation should be used to move traffic within the non-residential
area, helping to mitigate the number of local vehicle trips accessing US 20/26 and Linder Road to
access commercial and mixed -use services and create cross access into adjoining properties.
D. Chinden Boulevard and Linder Road should be recognized as a gateway 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.
6.11.3 RIM VIEW DESIGN
A. 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 its design.
B. Design of this area should be compatible to the existing residential uses currently present in the
area. The professional office/business park designation should be utilized to facilitate a transition
between commercial and existing residential uses.
C. Design of commercial and office uses should be compatible with the existing residential uses and
contain significant landscaped buffers and design elements to reduce the negative impacts to
residential areas and 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.
D. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and
planting strip, further solidifying the purpose and character of the gateway corridor of Chinden
Boulevard.
E. Signage for all non-residential uses should be designed to be consistent and complimentary, place -
making being the primary objective and identification of uses being secondary.
F. Non-residential areas should be designed with features and materials to compliment and buffer
residential uses and to avoid creating a tunnel or wall effect along the backside of the large
buildings.
6.11.4 ISSUES OF CONCERN
A. 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. The Mixed Use and Transitional
Residential areas should be designed in a manner that provides a cohesive transition and promotes
local connectivity between the commercial and residential uses, incorporating elements that will
provide a common and complimentary identity between such uses.
B. 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
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples, towers, and
similar structures shall be determined by measuring the vertical distance from the point of contact
with the ground to the highest point of the structure, including any vertical projection thereof.
When mounted upon other structures, the combined height of the personal wireless facility, spire,
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pole, antenna, steeple, tower, and/or similar structure, including the height of the structure
mounted upon, shall be used to determine height.
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 8-2-1: Districts Established Purposes and Restrictions:
R RESIDENTIAL DISTRICT:
To provide regulations and districts for various residential neighborhoods. Gross density in an R
district shall be determined according to the numeral following the R. The numeral designates the
maximum number of dwelling units per acre. Multi -family and two-family units/developments are
prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit
development (PUD). Centralized water and sewer facilities are required for all subdivision and lot
split applications submitted after the effective date hereof in all districts exceeding one dwelling
unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of
this section and those of other chapters and/or other titles, the chapter or title with the more
restrictive provision shall prevail.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Nursing/Convalescent Homes are allowed by Conditional Use within the R (Residential) zoning
designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Maximu Minimum
Note Conditions A To E* m Lot Lot Area Minimu
Covered (Acres Or m Lot
Zoning Maximum Interior Street F And Square Width
District Height Front Rear Side Side J* Feet) H* I*
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
• Eagle City Code, Section 8-2A-6: Design Requirements, Objectives, and Considerations:
B. Architectural Requirements, Building Materials, Fence and Deck/Patio Materials, Colors, And
Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials
listed in this section are allowed. If a material proposed for construction is not listed in this
section it shall be upon the discretion of the zoning administrator, the design review board, and
the city council, whichever the case may be, to determine the appropriateness of such material.
6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to a maximum of forty feet (40') within the DDA and TDA and thirty five feet
(35') in all other locations. Additional height may be permitted if a conditional use
permit is approved by the City Council.
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• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Nursing/convalescent homes, sanitariums, 1 for each 3 beds
children's homes, asylums and similar uses
• Eagle City Code Section 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 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;
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 neighboring uses;
E. Will be served adequately by essential public facilities and services 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 shall be so 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 8-10-1: Development Agreement: 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 (based on the Site Plan, date stamped by the City on May 12, 2020):
• Within the applicant's narrative, date stamped by the City on March 10, 2020, the applicant is
requesting a height exception of at least 51-feet in height. The request is to accommodate the
construction of a typical Resort Lifestyle Community building. The narrative references the
building will provide a mix of elevations that will create a visually appealing transition from the
commercial structures located along one side of the property to the residential structures located
along the other side of the property. The narrative further indicates that based on the size of the
property it will allow for significant setbacks and landscape buffering which will reduce the
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building's visibility from the surrounding residential properties.
• The site plan shows a sidewalk located along North Linder Road. The applicant should be required
to construct a minimum six foot (6') wide detached sidewalk along North Linder Road. The
sidewalk should be constructed prior to issuance of a certificate of occupancy for any building
located on the property.
• The subject site consists of two (2) parcels (Ada County tax parcel #s SO424325802 and
SO424325655). The common side property line divides the two (2) parcels from east to west. As
proposed, the senior living facility is three-story structure which will straddle the common side
property line. The applicant is requesting a R-4 (Residential) zoning designation. Pursuant to Eagle
City Code Section 8-2-4, the interior side setback within the R-4 (Residential) zoning designation
is 7.5-feet for single -story structures. An additional five (5) feet/story is required for multi -story
structures. Based on the common interior side lot line and the number of stories of the proposed
building, the interior side setback would be 22.5-feet in width. Since it is the intent of the applicant
to develop the property has a single property, the applicant should be required to provide a lot line
adjustment application to combine the two (2) parcels into a single parcel. The lot line adjustment
application should be reviewed and approved prior to the Zoning Administrator signing the lot line
adjustment record of survey. Upon the Zoning Administrator's signature of the lot line adjustment
record of survey, the applicant should be required to provide a recorded copy of the record of survey
prior to issuance of a zoning certificate.
• Policy 6.11.1(C), of the comprehensive plan states in part, land uses such as assisted
living/retirement centers that generate excessive wastewater flows (more than normal residential
or commercial uses) should be prohibited in this area. The applicant should be required to provide
correspondence from the Eagle Sewer District indicating the District has capacity to provide sewer
service for the senior living facility. The correspondence should be provided to the City prior to the
issuance of any building permits
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 15,
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 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 of nor in opposition to the applications was presented to the Planning
and Zoning Commission by two (2) individuals who indicated the following:
• The proposed use is a good use for the property.
• The building should be limited to two -stories to reduce the height.
• The applicant should be required to add mature landscaping along the eastern property line to soften
the height of the proposed building.
• The location of the trash receptable should be moved closer to the Fred Meyer site to the south.
• The additional traffic from the senior living facility will impact the intersection of North Linder
Road and West Temple Drive.
• A concern that the site lighting may negatively impact the adjacent property owners.
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COMMISSION DELIBERATION: (Granicus time 3:50:23)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They support the proposed use since it is located in proximity to services.
• Based on the layout of the building and the location of the site next to North Linder Road, the proposed
height of the building is not an issue since the applicant is proposing to add additional buffering and it
is setback from North Linder Road.
• The applicant should be required to provide a landscape buffer along the east property line. The
landscape buffer should consist of mature trees at least 10-12 feet in height.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-02-20 & RZ-02-20 for an annexation and rezone
from RUT (Rural -Urban Transition — Ada County designation) to R-4-DA (Residential with a development
agreement) for Cameron General Contractors, Inc., with conditions of development to be placed within a
development agreement as provided within their findings of fact and conclusions of law document, dated
July 6, 2020.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 28, 2020, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the City Council
by two (2) individuals who indicated the following:
• The proposed use is a good use for the property.
• The applicant should be required to add a four foot (4') high mature landscaping along the eastern
property line to soften the height of the proposed building.
• The location of the trash receptable should be moved so that it is not located in proximity to the
eastern property line.
• The additional traffic from the senior living facility will impact the intersection of North Linder
Road and West Temple Drive.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-02-20 & RZ-02-20 for an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to R-4-DA (Residential with a development agreement [in
lieu of a conditional use permit]) for Cameron General Contractors, Inc., for a senior living facility and a
building height exception with the following Planning and Zoning Commission recommended conditions
to be placed within a development agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the 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 with this Agreement.
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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 The Senior Living Facility is the only approved use for the site. Any change of use will require a
modification to this agreement prior to change of use.
3.4 The Senior Living Facility shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture and Site
Design Book (EASD Book). Architecture styles and building design elements that are not shown
within the EASD Book will not be permitted.
3.5 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
approval prior to issuance of a zoning certificate.
3.6 The proposed building height shall not exceed 51-feet in height. All mechanical units associated
with the facility shall be roof mounted and screened from view.
3.7 Owner shall construct a minimum six foot (6') wide detached sidewalk along North Linder Road.
The sidewalk should be constructed prior to issuance of a certificate of occupancy for any building
located on the Property.
3.8 Owner shall provide a lot line adjustment application to combine the two (2) parcels into a single
parcel. The lot line adjustment application shall be reviewed and approved prior to the Zoning
Administrator signing the record of survey. Upon the Zoning Administrator's signature of the lot
line adjustment record of survey, Owner shall provide a recorded copy of the record of survey prior
to issuance of a zoning certificate.
3.9 Owner shall be required to provide correspondence from the Eagle Sewer District indicating the
District has capacity to provide sewer service for the senior living facility prior to submittal of a
design review application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the issuance of any building permits. A letter of approval shall
be provided to the City from the Eagle Sewer District, prior to issuance of any building permits.
3.10 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate governmental agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development and
improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands. In the event development is proposed within the regulated wetlands Owner shall provide
documentation of an approved 404-Permit for any work within any wetlands on site prior to the
City issuing a zoning certificate for the property.
3.11 Owner shall provide plans showing outdoor lighting details. The outdoor lighting plan shall show
how the lights will facilitate the "Dark Sky" concept of lighting. The outdoor lighting plan shall
be reviewed and approved by the Design Review Board and City Council prior to issuance of a
zoning certificate.
3.12 Owner shall have the duty to maintain and operate all of the common landscape areas in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for
shrubs and trees, in accordance with Eagle City Code, in perpetuity.
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3.13 All parking associated with the Senior Living Facility shall only be allowed in the designated
parking areas located onsite.
3.14 Owner shall comply with all requirements of the Ada County Highway District, including but not
limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of
approval from the Ada County Highway District shall be submitted to the City prior to issuance
of a Certificate of Occupancy.
3.15 The Property is located within the Meridian Rural Fire District. Owner shall comply with all
requirements of the Meridian Rural Fire District. One set of building plans shall be submitted to
the Meridian Rural Fire District for review and approval. An approval letter from the Meridian
Rural Fire District shall be submitted to the City prior to issuance of any building permits.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(A-02-20 & RZ-02-20) 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 upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-4-DA (Residential with a development agreement) is
consistent with the Neighborhood Residential and Residential Transition Overlay designations 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 proposed senior living facility use on this property under the proposed zone;
c. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the MU-DA (Mixed Use with a development agreement [in lieu
of a PUD]) zone and land use to the north since that area contains five (5) single-family lots with
residential dwellings;
d. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the C-3-DA (Highway Business District) zone and land use to the
south since that area is developed with a shopping center (Eagle Island Marketplace);
e. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the MU-DA (Mixed Use with a development agreement [in lieu
of a PUD]) zone and land use to the east since that area is developed with a residential subdivision
and the applicant is proposing to provide a landscaped buffer area located adjacent to the
subdivision;
f. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the RUT (Rural -Urban Transition — Ada County designation) zone
and land use to the west since that area contains single-family dwellings which are separated from
the site by a principal arterial;
The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan;
h. No non -conforming uses are expected to be created with this rezone since the existing residential
dwellings and accessory structures will be removed. Also, a lot line adjustment is required to ensure
the two (2) parcels are combined to allow the construction of the senior living facility upon a single
parcel.
g.
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2. The Council reviewed the particular facts and circumstances of this proposed rezone with a
development agreement in lieu of a conditional use permit, and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan
and established goals and objectives because:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since nursing/convalescent home (senior living facility) and building height
exceptions may be permitted in the R-4 (Residential) zoning district if a conditional use permit is
approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and since nursing/convalescent homes (senior living
facility) and building height exceptions are permitted with the approval of a conditional use permit
with the R-4 (Residential) zoning district and the Comprehensive Plan designates this site as
Neighborhood Residential and Residential Transition Overlay;
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 all buildings on the site will be designed to
meet the City's design review requirements and design requirements of the Eagle Architecture and
Site Design Book. The Council determined the building height exception to 51-feet is granted since
the applicant is proposing a tree buffer adjacent to the east property line and the site is located
adjacent to a principal arterial. Also the mechanical units will be mounted on the roof and the
additional height allows for screening of those units;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the property is
surrounded by a principal arterial (North Linder Road), a shopping center (Eagle Island
Marketplace), and a residential subdivision. The applicant is proposing a tree buffer to be located
adjacent to the residential subdivision;
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. All central services are either available to the site or will be conditioned herein,
as noted within the letters provided by the agencies having jurisdiction over the site. Also,
development of sewer, water, drainage, streets, and other urban services will be provided at the
developer's expense. The design of the building and access roads will be reviewed and approved
by the Meridian Rural Fire District prior to issuance of a building permit;
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 site will be served
with central sewer from the Eagle Sewer District and will use public water to be served from the
Suez Water Company. Fire protection will be provided by the Meridian Rural Fire District and fire
hydrants will be provided where required;
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 site will contain a senior living
facility. There are no uses, activities, processes, materials, equipment, and/or conditions that will
be detrimental to the surrounding properties upon completion of the site work;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the proposed approach has been reviewed
and approved by the Ada County Highway District; and
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I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance. The property contains mature trees located in proximity to the existing residential
homes. The applicant will be required to mitigate for the removal of any trees from the site.
3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit (development agreement in lieu of
a conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
DATED this 11th day of August, 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
aotit Pierce, Mayor
ATTEST:
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