Findings - CC - 2017 - RZ-11-16 - Rezone Mu To Da In Lieu Of CupBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM MU (MIXED USE) )
TO MU -DA (MIXED USE WITH A )
DEVELOPMENT AGREEMENT [IN LIEU )
OF A CONDITIONAL USE PERMIT] FOR )
RIVERSIDE SR DEVELOPMENT CO., LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-11-16
The above -entitled rezone application came before the Eagle City Council for their action on January 10,
2017, 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:
Riverside SR Development Co. LLC, represented by Tamara Thompson with The Land Group, Inc., is
requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in
lieu of a conditional use permit]) for a 146 -unit senior living facility. The 6.0 -acre site is generally
located southeast of Merrill Park and adjacent to the southern boundary of Merrill Park approximately
250 -feet east of the intersection of East Shore Drive and East Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Reid Merrill Community Park shelter, at 6:00 PM, Thursday,
September 29, 2016. The application for this item was received by the City of Eagle on October 6,
2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 31, 2016. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on October 28, 2016. The site was posted in accordance
with the Eagle City Code on November 11, 2016. Requests for agencies' reviews were transmitted on
October 17, 2016, 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 December 19,
2016. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet)
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on December 14, 2016. The site was posted in accordance with the Eagle City Code
on December 30, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2006, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
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permit]) for a multi -family condominium/townhouse housing development (Terrazza Condominiums at
Eagle River) for Brownstone Capitol, Inc. (A-01-06/RZ-01-06).
On November 21, 2006, the City Council approved the common area, residential condominiums, and
clubhouse for Terrazza Condominiums at Eagle River development for John Malletta (DR -95-06).
On November 21, 2016, the City Council approved monument signage for Terrazza Condominiums at
Eagle River for John Malletta (DR -96-06).
On August 29, 2013, the development agreement [in lieu if a conditional use permit] associated with
RZ-01-06 expired.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 6 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter dated October 6, 2016 provided by the applicant's representative (attached to
the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated October 6, 2016 provided by the applicant's representative (attached to
the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be provided services from Eagle Sewer District and Eagle Water Company.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - None
Evidence of Erosion - No
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use and Floodway
MU -DA (Mixed Use with
Vacant land
Development Agreement,
expired)
Proposed
No Change
MU -DA (Mixed Use with
Senior Living Facility
Development Agreement)
North of site
Mixed Use
MU -DA (Mixed Use with
Reid Merrill Park
Development Agreement)
South of site
Floodway
PS (Public Semipublic)
Boise River
East of site
Mixed Use
MU -DA (Mixed Use with
Multifamily Residential (The
Development Agreement)
Lofts at Eagle River)
West of site
Mixed Use
MU -DA (Mixed Use with
Reid Merrill Park
Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 6 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter dated October 6, 2016 provided by the applicant's representative (attached to
the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated October 6, 2016 provided by the applicant's representative (attached to
the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be provided services from Eagle Sewer District and Eagle Water Company.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - None
Evidence of Erosion - No
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Fish Habitat — No
Floodplain — Yes — 1% -chance floodplain/Zone AE, Floodway/Zone FW located adjacent to the Boise
River
Mature Trees — Yes — Southwest portion of site.
Riparian Vegetation — Yes — Located adjacent to Boise River
Steep Slopes — Yes — Existing levee located adjacent to the Boise River
Stream/Creek — Yes — Boise River located adjacent to southern property line
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - Unknown
Wildlife Habitat — Yes, Boise River, wetlands
N. NON -CONFORMING USES: None are apparent on the site.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Parks and Recreation Director: All comments within the Parks and Recreation Director's emails
dated October 27 and November 9, 2016, are of special concern (see attached).
Ada County Highway District
Central District Health Department
Eagle Fire Department
Tesoro Logistics
P. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The site is designated as Mixed Use on the Comprehensive Plan Land Use Map.
6.3.10 Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 20 units per 1 acre.
6.3.19 Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek (Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the
floodway areas shall not be considered as a part of the minimum area of open space required (as
required within the zoning ordinance) unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
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When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation shown shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
6.3.20 Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
9.5.1 Pathways and Greenbelt Goal:
A. To create a pathway system that provides interconnectivity of schools, neighborhoods, public
buildings, businesses, and parks and special sites.
9.5.2 Objectives
E. Require all development to provide developed pathways for connection to Eagle's public
pathway system and/or adjoining development's public pathway system.
J. Identify connections between trail sections and existing and future parks and open spaces.
K. Provide adequate parking and public facilities along greenbelts and pathway systems.
L. Link existing isolated pathway segments (e.g., North Channel Center and by-pass path).
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Nursing/Convalescent Home:
Establishments providing care on a twenty four (24) hour basis for persons requiring regular
medical attention, but excluding facilities providing surgical or emergency medical services. This
classification also includes senior assisted living facilities with provisions for shared kitchen
facilities and rooms with private bathrooms.
Eagle City Code Section 8-2-1: Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT:
To provide for a variety and mixture of uses such as limited office, limited commercial, and
residential. This district is intended to ensure compatibility of new development with existing and
future development. It is also intended to ensure assemblage of properties in a unified plan with
coordinated and harmonious development which shall promote outstanding design without
unsightly and unsafe strip commercial development. Uses should complement the uses allowed
within the CBD zoning district. All development requiring a conditional use permit in the MU
zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or
development agreement process in accordance with chapter 6 or 10 of this title unless the
proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this
title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the
minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be
required unless the proposed use is shown as a permitted use in the MU zoning district within
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section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per
gross acre. When a property is being proposed for rezone to the MU zoning district a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Nursing/Convalescent Homes are allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Nursing/convalescent homes, sanitariums, children's 1 for each 3 beds
homes, asylums and similar uses
C. DISCUSSION:
The subject site was previously rezoned from RUT (Rural -Urban Transition — Ada County
designation) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) to allow for a 66 -unit multi -family townhouse development (Terrazza at Eagle River). A
development agreement was executed and subsequently expired. The applicant has requested a
rezone with development agreement [in lieu of a conditional use permit] to develop a 146 -unit
(196 -bed) senior housing facility. A senior housing facility (included within the definition of
"nursing/convalescent home") is a conditional use within the MU zoning district.
The site plan, date stamped by the city on October 6, 2016, indicates the parking area will contain
46 -uncovered visitor parking spaces, 36 -uncovered resident parking spaces, and 39 -covered
resident parking spaces for a total of 121 -parking spaces (0.82-spaces/unit). Pursuant to Eagle City
Code Section 8-4-5, Schedule of Parking Requirements, nursing/convalescent homes are required
to have 1 space for each 3 beds. The facility is proposed to have 196 -beds, therefore, 66 -parking
spaces (.042-spaces/unit) are required. The applicant has also provided a Request for Limited
Parking Analysis, date stamped by the city on October 6, 2016, which includes the following: 1)
Breakdown of existing parking ratios at similar Treasure Valley communities, 2) Breakdown of
Wolff projects with parking ratio and covered stall counts, and 3) Two full parking demand studies
developed for similarly located and programmed communities in Kirkland, Washington, and
Oxnard, California. The estimated peak parking demand for senior adult housing as identified by
the 4th edition of the Institute of Transportation Engineers (ITE) Manual, parking demand rates
indicates an average demand of 0.59 spaces per unit. Based on the provided studies and the ITE
manual, the proposed number of parking spaces exceeds the parking demand by 13 -parking
spaces.
Within the applicant's narrative, date stamped by the city on November 10, 2016, the applicant is
requesting a height exception (for the three-story residential area of the structure) of 44 -feet in
height. The height exception request is to improve the landscaping and visual appeal for residents
and place the mechanical units on the roof versus at ground level. The additional height will allow
for screening the mechanical units. The proposed building height should not exceed 43 -feet in
height. All mechanical units associated with the facility should be roof mounted.
• The subject property will have access to East Riverside Drive utilizing an existing access easement
area which crosses the east end of Merrill Park. Mike Aho (Director of Parks and Recreation
Department) provided email correspondence that indicated the proposed access to the subject site
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will be going through an area of the park that is used by the public for overflow parking at Reid
Merrill Community Park and any development of that area will reduce parking capacity for event
parking and sports events that utilize the eastern end of the park. The email also indicated that
during the development of the access roadway the applicant should be required to replace the
fence located on the west side of the parking area (access area). Additionally, the entry easement
plan shown on the site plan, date stamped by the city on October 6, 2016, shows an eight -foot (8')
wide planter strip and five-foot (5') wide detached sidewalk located on the west side of the
driveway providing access to the site. The proposed entry easement plan has not been designed in
coordination with the City and does not account for park overflow parking (as the previously
approved project for this site did (see Exhibit Q. The easement area should be improved with an
access drive, sidewalk on the east side of the easement area, landscape island, and overflow
parking for Reid Merrill Community Park as shown on Exhibit C (attached hereto) prior to the
issuance of an occupancy permit. Maintenance of the improvements within the easement area
should be conducted by Owner. The Owner may petition the City for a shared maintenance
agreement which addresses maintenance of the overflow parking area. Any maintenance
agreement should be approved by the City Council. A revised site plan showing the improvements
required herein should be provided prior to execution of the development agreement.
The applicant should be required to replace the fence located adjacent to the west side of the
access easement area prior to the issuance of an occupancy permit.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the approval of a rezone from MU
(Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit])
with conditions to be placed within a 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
November 21, 2016, 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 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 no one.
COMMISSION DELIBERATION: (Granicus time 2:01:12)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They have a concern regarding allowing height exceptions since Eagle City Code restricts structures to
a maximum of 35 -feet in height.
• The applicant could reduce the height of the buildings by constructing two-story structures instead of
the proposed three-story structures.
• The applicant could reduce the height by utilizing ground mounted mechanical units instead of roof
mounted mechanical units.
• Each individual height exception request should be reviewed on a case by case basis based upon its
own merits, therefore, previous height exception requests should not be considered when reviewing
new applications.
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• When reviewing height exceptions we need to look at each proposal to ensure the design and location
supports the height exception.
• Since the building is set approximately 775 -feet from SH -44 the height exception request should not
be a concern. The Commission supports the height exception to 43 -feet.
• The proposed use is compatible with the uses located within the surrounding area.
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of RZ-11-16 for a rezone from MU
(Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit])
for Riverside Senior Development Company, LLC, with conditions to be placed within a development
agreement as provided within their findings of fact and conclusions of law document dated December 5,
2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 10, 2017, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by two (2) individuals
(other than the applicant/representative) who indicated the following points:
• The proposed senior housing facility is a wonderful project for the city.
• The city needs to possibly review the height allowances permitted within the code and increase
them.
• The proposed parking for the project should be sufficient.
• Due to the proposed residential buildings being three (3) stories in height elevators will be needed.
• How will the residents residing within the facility get across SH -44 for shopping?
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-11-16 for a rezone from MU (Mixed Use) to MU -DA (Mixed Use
with a development agreement [in lieu of a conditional use permit]) for Riverside Senior Development
Company, LLC, with the following Planning and Zoning Commission recommended conditions to be
placed within a development agreement with underline text to be added by the Council and strike through
text to be deleted by the Council:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
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 or be required. 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 and notice shall be provided as may be
required by the City.
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3.3 The senior living facility shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture and Site
Design Book (EASD Book). Architecture styles and building design elements that are not shown
with the EASD Book will not be permitted.
3.4 The applicant shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to issuance of a zoning certificate.
3.5 The proposed building height shall not exceed 43 -feet in height. All mechanical units associated
with the facility shall be roof mounted.
3.6 Development of the Property will be permitted through the Design Review process and future
conditional use permits for the residential development will not be required.
3.7 The Concept Plan (Exhibit B) shows the locations for all buildings within the development. The
Setbacks shall be as follows:
Front (North Property Line): 20 feet
Sides (East and West Property Line): 7.5 feet
Rear (South Property Line): 20 feet
3.8 Owner shall have the duty to maintain and operate all of the common landscape areas and access
easement from East Riverside Drive in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in
perpetuity.
3.9 All parking associated with the senior living facility shall only be allowed in the designated parking
areas located onsite.
3.10 Property shall be annexed into the Eagle Sewer District's service boundaries and shall comply with
all applicable Eagle Sewer District's regulations and conditions prior to the issuance of any building
permits. A letter of approval shall be provided to the City from the Idaho Department of Health and
Welfare, Division of Environmental Quality, and/or Central District Health, prior to issuance of any
building permits.
3.11 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate governmental agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development and
improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands. In the event development is proposed within the regulated wetlands Owner shall provide
documentation of an approved 404 -Permit for any work within any wetlands on site prior to the City
issuing a zoning certificate for the property.
3.12 Owner shall provide a common area plaza as generally depicted on the Concept Plan. The intent of
the plaza is to become a focal point of the development with an adequate area for gathering, walking
paths, benches, seat walls, and lighting to create a sense of place and identity for the core area of the
development. The landscaping may include shrubs, flowers, water features, etc., and shall be
reviewed and approved by the Eagle Design Review Board prior to the issuance of a zoning
certificate.
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3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator
with the submittal of a Design review application. The plans shall show how the lights will facilitate
the "Dark Sky" concept of lighting.
3.14 The Property is designed to allow for access connecting this Property to East Riverside Drive
utilizing an existing perpetual access easement which crosses City -owned property near the east end
of Reid Merrill Community Park and East Riverside Drive. The easement area shall be improved
with an access drive, sidewalk on the east side of the easement area, landscape island, and overflow
parking for Reid Merrill Community Park as shown on Exhibit C (attached hereto) prior to the
issuance of an occupancy permit. Maintenance of the improvements within the easement area shall
be conducted by Owner. The Owner may petition the City for a shared maintenance agreement
which addresses maintenance of the overflow parking area. Any maintenance agreement shall be
approved by the City Council. A revised site plan showing the improvements required herein shall
be provided prior to execution of the development agreement.
3.15 Upon completion of the improvements required herein, Owner shall replace the fence located west of
the access easement area prior to the issuance of an occupancy permit. The style of the fence shall be
reviewed and approved by the Design Review Board prior to installation.
3.16 Appheant Owner shall provide pedesttian-and-bieyele per aeeess, eaQ maintenance access for the
City of Eagle (for maintenance of the greenbelt pathway), from Riverside Drive to the paved
greenbelt pathway along the Boise River as required in the Eagle Comprehensive Plan. The
configuration of the access through the Property shall be reviewed and approved by the Eagle Parks
and Pathway Development Committee, the Design Review Board, and City Council prior to the
issuance of a zoning certificate.
3.17 City of Eagle approvals shall be subject to any FEMA and Eagle City Code Title 10, Flood Control
requirements.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-11-16) 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 requested 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
the proposed senior living facility use on this property under the proposed zone;
c. The proposed MU -DA (Mixed Use 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 and west since that area is developed with a public park
(Reid Merrill Park);
d. The proposed MU -DA (Mixed Use 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 multi -family apartments;
e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the R -2 -DA -P (Residential with a development agreement —
PUD) and land use to the south since that area is developed with a residential subdivision and the
Boise River provides a buffer between the proposed senior living facility and the existing
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residential subdivision;
f. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan. The southern portion of the site lies within the Boise River
floodplain area and contains wetlands. The applicant is required to meet the requirements of Eagle
City Code Title 10, Flood Control as conditioned herein; and
g. No non -conforming uses are expected to be created with this rezone since the existing residential
dwelling is being converted to a commercial use as required within the development agreement.
2. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification and 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 height exceptions may
be permitted in the MU (Mixed Use) zoning district if a conditional use permit is approved by the
City Council; and
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 height exceptions are permitted with the approval of a conditional use permit with the
MU (Mixed Use) zoning district and the Comprehensive Plan designates this site as Mixed Use;
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 height exception to 43 -feet should be granted since
the mechanical units will be mounted on the roof and the additional height is required to screen the
units;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the property is
surrounded by a public park, multi -family apartments and the Boise River;
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; and
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
Eagle Water Company. Fire protection will be provided by the Eagle Fire Department and fire
hydrants will be provided where required. The applicant is also required to construct an overflow
parking for the public park;
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 applicant is proposing a senior
housing residential development;
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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 areas that are located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan, however, the floodway and riparian areas are going
to remain in their natural state; and
Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit (development agreement in lieu of a
conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
DATED this 24d, day of January, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan idgeway, Mayor
ATTEST:
I L
Sharon K. Bergmann, Eagle City C rk
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KAPla ring Dept\Eagle Applsations\RZ&A\2016ULZ11-16 Riverside SR Development ccf.doc