Findings - CC - 2020 - RZ-02-20 MOD - Willow RunBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION ASSOCIATED WITH
A SENIOR LIVING FACILITY FOR
CAMERON GENERAL CONTRACTORS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-20 MOD
The above -entitled rezone development agreement modification application came before the City Council for
their action on September 8, 2020, at which time public testimony was taken and the public hearing was
closed. The 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, represented by Charles Baverman III, with Dinsmore & Shohl, LLP, is
requesting a modification to the rezone associated with the Willow Run Retirement Community. The
request is to remove condition of development #3.6 which requires all mechanical units to be roof
mounted. 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:
The rezone development agreement modification request was received by the City of Eagle on August
25, 2020.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 August 21, 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 August
21, 2020. The site was posted in accordance with the Eagle City Code on August 25, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 28, 2020, the City Council approved 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 a senior living facility and a building height exception for Cameron
General Contractors, Inc. (A-02-20/RZ-02-20).
Page 1 of 8
K:1Planning Dcpt\Eagle Applications\RZ&A120201RZ-02-20 MOD Willow Run ccf.docx
E. 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 ZONING LAND USE
DESIGNATION DESIGNATION
Neighborhood RUT (Rural -Urban Single-family dwelling
Residential and Transition — Ada County with pasture
Residential Transition designation)
Overlay
No Change R-4-DA (Residential with Senior living facility
a development agreement
[in lieu of a conditional
use permit)
Neighborhood MU-DA (Mixed Use with Single-family dwellings
Residential and a development agreement (Gated Garden
Residential Transition [in lieu of a PUD]) Subdivision)
Overlay
Mixed Use C-3-DA (Highway Eagle Island Marketplace
Business District) (Lazy P Subdivision)
Neighborhood MU-DA (Mixed Use with Single-family dwellings
Residential and a development agreement (Gated Garden
Residential Transition [in lieu of a PUD]) Subdivision)
Overlay
Neighborhood RUT (Rural -Urban Single-family dwellings
Residential Transition — Ada County (Almaden Acres
designation) Subdivision)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: 10.44-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letters, date stamped by the City on August 12, 2020, attached to the staff
report and incorporated herein by reference.
I. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site will be served by Suez Water, Eagle Sewer District, Eagle Police Department, and Meridian
Fire District.
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
K. NON -CONFORMING USES: None are apparent on the site.
L. AGENCY RESPONSES:
The following agencies previously responded to the applications for an annexation and rezone with
development agreement (in lieu of a conditional use permit) modification and their responses are
attached to the staff report dated June 11, 2020.
Ada County Development Services
Ada County Highway District
Ballentyne Ditch Company
Page 2 of 8
K:\Planning Dept\Eagle Applications\R2&A\2020\R2-02-20 MOD Willow Run ccfdocx
Meridian Fire Department
M. LETTERS FROM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED W i i nud 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:
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.
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.
Page 3 of 8
K:1Planning Dept\Eagle Applications\RZ&A120201RZ-02-20 MOD Willow Run ccf.docx
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 REGARING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum
District Height
R-4
Minimum Yard Setbacks Maximu Minimum
Note Conditions A To E* m Lot Lot Area Minimu
Covered (Acres Or m Lot
Front
35' 20'
Interior Street F And Square Width
Rear Side Side J* Feet) H* I*
25'
7.5' 20' 40% 8,000 70'
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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.
D. DISCUSSION:
• The preliminary site plan, date stamped by the City on August 12, 2020, shows the proposed senior
living facility with five (5) locations for ground mounted air conditioning (AC) units. Two (2) of the
ground mounted AC unit locations are located on the west elevation (front) of the building near the
entrance. The other three (3) ground mounted AC unit locations are shown at the east elevation (rear)
of the building at the two (2) outside corners and one (1) larger unit is shown at a central location
Page 4 of 8
K:1Planning Dept\Eagle Applications\RZ&A120201RZ-02-20 MOD Willow Run ccf docu
adjacent to the building. The preliminary site plan indicates that four (4) of the ground mounted AC
unit locations will be screened by a 5-foot privacy fence and the larger centrally located unit at the
rear of the building is proposed to be screened by an 8-foot high privacy wall. The building elevations,
date stamped by the City on August 12, 2020, shows the four (4) of the ground mounted AC unit
locations will be screened by a 5-foot white vinyl fence.
Condition of Development #3.6 states, "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." The applicant has indicated within the narrative, date stamped by the City on August 12, 2020,
that they inadvertently failed to inform the City's planning staff and Council that a portion of the air
condensing units are ground mounted at their other existing facilities and they cannot satisfy the roof
mounted condition due to space constraints on the flat -mounted portion of the proposed building.
Condition of Development #3.6 was recommended in the staff report, dated June 11, 2020, and as
part of the Planning and Zoning Commission's recommendation as provided within their findings of
fact and conclusions of law document, dated July 6, 2020. The City Council conducted a public
hearing associated with the application on July 28, 2020, at which time they approved the application
based on the Planning and Zoning Commission's recommended conditions of development. During
the public hearing process the applicant did not indicate they disagreed with Condition of
Development #3.6 regarding the requirement to place the mechanical units on the roof. During the
rebuttal portion of the public hearing, Bob Lewis, Director of Development, Cameron General
Contractors, Inc., stated "we have covered the building height by both staff and some of the questions
from Council again it is a function of some mechanical equipment we get to that height for this 3-
story building." Also, as part of the City Council's decision to approve the requested use and height
exception, the Council determined that due to the requirement of mounting the mechanical units on
the roof the requested height exception should be permitted.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the Council approves the modification, then staff recommends the applicant be required to construct the
screening walls with materials which are architecturally compatible with the building. Vinyl fencing should
be prohibited for screening of the mechanical units. The screening walls should be reviewed and approved
by the Design Review Board and City Council prior to the issuance of a zoning certificate for construction
of the building.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 8, 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 favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-02-02 MOD for a development agreement modification for Cameron
General Contractors, Inc., to modify the condition of development #3.6 with underline text to be added by
the Council and text shown with strike through to be deleted by the Council:
3.6 The proposed building height shall not exceed 51-feet in height. A" sv.ee a ieal unit ansociated with
11 be rooff om view: All around and roof mounted units shall be
fully visually obscured. visual buffer. in a manner that is architecturally compatible. In additional all
A/C units or other noise generating units on the exterior of the building shall not exceed 75 db on
average from source and have a noise buffer. stone wall, in excess of 2 feet higher than the unit height
Page 5 of 8
K:lplanning Dcpt\Eaglc Applications\RZ&A\20201RZ-02-20 MOD Willow Run ccf docx
and is also architecturally compatible with the building. In addition. the storm water retention located
east of the facility shall incorporate everereen trees in excess of 20 feet at full height for both visual
and acoustic buffer for adiacent residents.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
(RZ-02-20 MOD) 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.
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;
g•
Page 6 of 8
K:1Planning Dcpt\Eagle Applications\RZ&A120201RZ-02-20 MOD Willow Run ccf.docx
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 required to provide a tree buffer consisting of evergreen trees in excess of 20-feet at full
height adjacent to the east property line and the site is located adjacent to a principal arterial. Also,
the applicant is required to provide a noise buffer and/or stone wall around the ground mounted
mechanical units in excess of 2-feet higher than the height of the ground mechanical 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
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.
Page 7 of 8
K:lplanning DeptlEagle Applications\RZ&A120201RZ-02-20 MOD Willow Run ccfdocx
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION ASSOCIATED WITH
A SENIOR LIVING FACILITY FOR
CAMERON GENERAL CONTRACTORS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-20 MOD
The above -entitled rezone development agreement modification application came before the City Council for
their action on September 8, 2020, at which time public testimony was taken and the public hearing was
closed. The 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, represented by Charles Baverman III, with Dinsmore & Shohl, LLP, is
requesting a modification to the rezone associated with the Willow Run Retirement Community. The
request is to remove condition of development #3.6 which requires all mechanical units to be roof
mounted. 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:
The rezone development agreement modification request was received by the City of Eagle on August
25, 2020.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 August 21, 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 August
21, 2020. The site was posted in accordance with the Eagle City Code on August 25, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 28, 2020, the City Council approved 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 a senior living facility and a building height exception for Cameron
General Contractors, Inc. (A-02-20/RZ-02-20).
Page 1 of 8
K:1Planning Dept\Eagle Applications\RZ&A12020\RZ-02-20 MOD Willow Run ccfdocx
DATED this 22nd day of September, 2020
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County. Idaho
Pierce, Mayor
ATT
(9/ Sharon K. B rgmann, Eag1City Clerk
Page 8 of 8
K \Planning Dept\Eagle Applications \RZ&A12020\ 2 O2-20 MOD Willow Run ccf docx