Findings - CC - 2021 - RZ-01-14-MOD - Foxtail Senior Living Center BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action on April 27, 2021,
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:
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.
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 April 9,
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 April 9, 2021. The site was posted in accordance with the Eagle City Code on April 14,
2021.
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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).
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
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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.
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 original Foxtail Assisted Living development
agreement concept plan. Condition of Development#3.2 of the 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 which 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 (2) new conditions of development be placed in the development
agreement as provided within the staff report.
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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.
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 conditions of
development to be added to the development agreement as provided within their findings of fact and
conclusions of law document, dated April 5, 2021.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 27,2021, 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 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).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-01-14 MOD for a development agreement modification for Foxtail
Senior Living, LLC, to modify the conditions of development with the following Planning and Zoning
Commission recommended conditions of development to be placed within the development agreement:
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.
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CONCLUSIONS OF LAW:
1. The Council 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;
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 this portion of the site. Therefore, no non-conforming uses are
expected to be created with this rezone.
2. The Council 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;
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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;
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 11th day of May 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
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