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Findings - PZ - 2021 - RZ-01-14 MOD - Foxtail Senior Living BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A REZONE(DEVELOPMENT ) AGREEMENT MODIFICATION AND ) DEVELOPMENT AGREEMENT IN LIEU ) OF A CONDITIONAL USE PERMIT)FOR ) FOXTAIL SENIOR LIVING CENTER,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-01-14 MOD The above-entitled rezone(development agreement modification and development agreement in lieu of a conditional use permit) application came before the Eagle Planning and Zoning Commission for their recommendation on March 15,2021,at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Foxtail Senior Living Center, LLC, is requesting a rezone (development agreement modification and development agreement in lieu of a conditional use permit)to increase the number of residential assisted living units from 78 to 100 total units and to include a revised concept plan.The 4.64-acre site is located on the north side of West Chinden Boulevard approximately 1,300-feet west of the intersection of North Meridian Road and West Chinden Boulevard at 2559 and 3600 West Bavaria Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM,Wednesday,January 6,2021,in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on January 13,2021. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on this application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 26, 2021. 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 February 26,2021.The site was posted in accordance with the Eagle City Code on February 26,2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 8, 2014, the Eagle City Council approved an annexation and rezone from RUT(Rural- Urban Transition — Ada County Designation) to MU-DA (Mixed Use with a Development Agreement)for William J. and Nancy Hines(A-01-14/RZ-01-14). On February 26, 2015,the Eagle Design Review Board approved a design review application for an assisted living facility(nursing/convalescent home)for William Hines(DR-03-15). Page 1 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2014\RZ-01-14 MOD Foxtail Senior Living pzf.docx 1 E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood MU-DA(Mixed Use with a Assisted living facility Residential with a development agreement [in Residential lieu of a conditional use Transition Overlay permit]) Proposed No Change No Change Expansion of the existing assisted living facility • North of site Transitional R1 (Estates Residential— Foxtail Subdivision Residential Ada County Designation) South of site Mixed Use R-15 (Residential—City of Residential subdivision Community(City of Meridian designation) (Paramount Directors Meridian Area Subdivision) Impact) East of site Transitional MU-DA(Mixed Use with a Ashbury Commercial Residential/ development agreement Subdivision Professional Office West of site Transitional R1 (Estates Residential— Foxtail Subdivision Residential/Mixed Ada County Designation) Use F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA. G. TOTAL ACREAGE OF SITE: 4.89-acres H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION: See applicant's justification letter,date stamped by the City January 19,2021 (attached to the staff report). PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. J. NON-CONFORMING USES:None are apparent on the site. L. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ballantyne Ditch Marathon Pipe Line,LLC M. LETTERS FROM THE PUBLIC (attached to the staff report): Email correspondence received from Tom Lennon(with Erstad Architects)responding to an email received from Jeff Aschenbrenner(Foxtail Subdivision HOA President),dated January 14,2021. Page 2 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2014\RZ-01-14 MOD Foxtail Senior Living prt'.docx 2 THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:None. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-3 Schedule of District Use Regulations: Nursing/Convalescent Home is allowed by Conditional Use within the M-U (Mixed Use)zoning designation. • Eagle City Code Section 8-10-1: DEVELOPMENT AGREEMENTS: 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. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (recorded June 12, 2014, instrument#114045857) 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. D. DISCUSSION(based on the Foxtail Assisted Living—Phase II conceptual site plan, date stamped by the City on January 19, 2021): • The Concept Plan (Exhibit B) of the executed development agreement (Ada County instrument #114045857) shows a site plan that differs from the Foxtail Assisted Living development agreement reads in part, "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." Based on the proposed addition it may cause an impact to the adjacent neighbors located north of the subject property. If approved the applicant should be required to provide a revised concept plan. Also, the proposed addition should be limited to single-story(not to exceed 29-feet in height)and a maximum of 100-units. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM: Based on the information provided to staff to date, if the requested development agreement modification is approved staff recommends Exhibit`B"be replaced with an updated Concept Plan showing the proposed addition. Also, staff recommends two new conditions of development be placed in the development agreement as 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 March 15,2021,at which time public testimony was taken and the public hearing was closed.The Commission made their recommendation at that time. Page 3 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2014\RZ-01-14 MOD Foxtail Senior Living pzf.docx 3 B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one(1)individual who indicated the following: • Commercial uses should not be permitted adjacent to residential uses. • A concern with the parking lot lighting trespassing on the adjacent properties. • The door alarms on the existing facility are set off fairly frequently which impacts the adjacent residential neighbors. • The applicant should be required to provide additional buffering along the west property line. COMMISSION DELIBERATION: (Granicus time 2:27:56) Upon closing the public hearing,the Commission discussed during deliberation that: • The Commission supports the development agreement modification since the assisted living facility is a low impact use. • The applicant should be required to comply with any requirements which are required by the Meridian Fire Department. • The applicant should ensure that all parking lot lighting is in conformance with Eagle City Code and dark sky lighting requirements. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of RZ-01-14 MOD for a development agreement modification for Foxtail Senior Living,LLC, to modify the conditions of development with the following staff recommended conditions of development to be added to the development agreement and with underline text to be added by the Planning and Zoning Commission: 3.9 The Assisted Living facility shall be limited to single-story(not to exceed 29-feet in height). 3.10 The assisted living facility shall not exceed a total of 100-units. 3.11 Owner shall comply with all requirements of the Meridian Fire Department. 3.12 All lighting(i.e., building and parking lot) shall be in conformance with Eagle City Code and shall be designed to incorporate"Dark Sky Lighting"to prevent light trespass on the adjacent properties. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone modification (RZ-01-14 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 is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of MU-DA(Mixed Use with a development agreement)is consistent with the Mixed Use designation 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 any and all uses allowed on this property under the proposed zone; c. The MU-DA (Mixed Use with a development agreement)zone is compatible with the R1 (Estate Residential—Ada County designation) zone and land uses to the north and west since those areas are developed with residential subdivisions and the applicant has provided a buffer along the north property line; Page 4 of 6 K:\Planning Dept\Eagle Applications\RZ&A120141R2-01-14 MOD Foxtail Senior Living pzf.docx 4 d. The MU-DA (Mixed Use with a development agreement) zone is compatible with the R-15 (Residential — City of Meridian designation) zone and land use to the south since that area is developed with a residential subdivision and is located across a state highway from the proposed use; e. The MU-DA (Mixed Use with a development agreement) zone is compatible with the MU-DA (Mixed Use with a development agreement) zone and land use to the east since that area is developed with commercial uses; f. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described within the Comprehensive Plan; and g. There are no existing structures on the site. Therefore,no non-conforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of the proposed development agreement in lieu of a conditional use in terms of Eagle City Code Section 8-7-3-2,"General Standards For Conditional Uses"and has concluded that the proposed conditional use: A. Will, in fact, constitute a conditional use as established in Section 8-2-3, since a nursing/convalescent center may be permitted within the MU-DA(Mixed Use with a development agreement [in lieu of a conditional use permit) 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) since there are no inconsistencies with the comprehensive plan, since there is an approved nursing/convalescent center located within the site,and the applicant will be required to meet the 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 there is currently a nursing/convalescent center located within the site and the applicant will be required to meet the conditions of design review for the proposed building addition; D. Will not be hazardous or disturbing to existing or future neighborhood uses,since the applicant has provided buffers to the adjacent residential properties; 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, since the essential services to the site have already been provided by the applicant. 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 already exist; 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 as conditioned herein; Page 5 of 6 K:\Planning Dept\Eagle Applications\R2&A\2014\ Z-0I-14 MOD Foxtail Senior Living pzf docx 5 H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares, since a connection to the public road already exists; 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 on the site. 3. 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. DATED this 5th day of April 2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,IdaJho Trent Wright, Ch rman aa/ -::„ AI•,,,,,,,,,„,,,,,,, TEST: ��•••`•p.•EAC4F � QQORATF:•* E. Os ,Eagle City Clerk? t v 0'64' ATE (,\ Page 6 of 6 K:\Planning Dept\Eagle Applications\F2&A\2014112Z-01-14 MOD Foxtail Senior Living pzf.docx 6