Findings - CC - 2020 - CU-03-20 - Bennett Assisted Living 10 BedsBEFORE THE CITY COUNCIL
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(0 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 City Council for their action
on September 8, 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:
Rick Bennett, represented by Caroline Moore with BrightStar Care, is requesting conditional use
permit approval for a 10-bed senior assisted living facility (nursing/convalescent home). The
applicant is also requesting conditional use permit approval of a waiver, [in accordance with Idaho
Code §67-6512(0], 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.
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 August 6,
2020. Notice of this public hearing was mailed to property owners within 500-feet of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on August 7, 2020. The site was posted in accordance with the Eagle City Code on August
14, 2020.
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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).
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
Transition Overlay
Proposed No Change
North of site Neighborhood with
Transition Overlay
South of site Neighborhood with
Transition Overlay
East of site Neighborhood with
Transitional
Overlay,
Public/Semi-Public
West of site
Neighborhood with
Transition Overlay
R-3-DA (Residential
with a development
agreement
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 (8-beds)
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.
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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.
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 Y2 -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.
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Total Darkina 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.
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 (attached to the staff report):
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
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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 \% i i tii.i'1 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 CODE 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.
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• 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);
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
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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.
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;
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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;
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.
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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.
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(f)],
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.
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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 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 site specific conditions of
approval and standard conditions of approval provided within their findings of fact and conclusions of law
document, dated, August 3, 2020.
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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 the application was presented to the City Council by no one.
C. Oral testimony in opposition to the application was presented to the City Council by one individual
who indicated the care facility is a franchise with the intent to make a maximum profit and that this
location is not the appropriate location for an assisted living facility.
COUNCIL DECISION:
The Council voted 2 to 2 (Gold and Pittman against, Mayor Pierce in favor) to approve CU-03-20 a
conditional use permit approval for a 10-bed senior assisted living facility (nursing/convalescent home), for
Rick Bennett, with the following Planning and Zoning Commission 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.
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.
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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.
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
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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
streetlights 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 streetlight 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.
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.
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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.
CONCLUSIONS OF LAW:
1. The Council 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 8-2-3, 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
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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.
3. In accordance with Idaho Code §67-6512 (f), the Council concludes that a waiver to permit a senior
assisted living facility (nursing/convalescent home) located approximately 120-feet from a collector
roadway within an R-3-DA (Residential with a development agreement) zoning district is appropriate
and will not change the essential character of the area.
DATED this 22nd day of September 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,
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