Findings - CC - 2023 - RZ-02-20 MOD2 - Development Agreement Modifications Associated with a Senior Living Facility BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION ASSOCIATED WITH )
A SENIOR LIVING FACILITY FOR )
INTERMOUNTAIN PACIFIC,LLC/ )
DBA ELTON DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-02-20 MOD2
The above-entitled development agreement modification application came before the City Council for their
action on July 25, 2023, at which time public testimony was taken and the public hearing was closed. The
City Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Intermountain Pacific, LLC/dba Elton Development, represented by Hethe Clark, is requesting a
development agreement modification(development agreement in lieu of a conditional use permit), for a
130+/-unit senior living facility and 18+/-independent living cottages.The 10.44-acres site is located on
the east side of North Linder Road approximately 90-feet south of the intersection of West Temple Drive
and North Linder Road at 6910 and 6940 North Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Meridian Library(Orchard Park Branch)at 6:00 PM,on
Thursday,June 8,2023. The application for this item was received by the City of Eagle on April 20,
2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on May 15, 2023, 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 July 5, 2023. Notice of this public hearing was mailed to property owners in accordance with
the requirements of Title 67,Chapter 65,Idaho Code and Eagle City Code on July 7,2023.The site was
posted in accordance with the Eagle City Code on July 14,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 28, 2020, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition—Ada County designation)to R-4-DA(Residential with a development agreement [in lieu of
a conditional use permit]for a senior living facility and a building height exception for Cameron General
Contractors,Inc.(A-02-20/RZ-02-20).
On September 8, 2020,the City Council approved a rezone development agreement modification to the
rezone associated with the Willow Run Retirement Community for Cameron General Contractors, Inc.
(RZ-02-20 MOD).
On November 10, 2020, the City Council approved a senior living facility for Willow Run Retirement
Community for Cameron General Contractors,Inc. (DR-57-20).
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On November 10, 2020, the City Council approved a monument sign for Willow Run Retirement
Community for Cameron General Contractors, Inc. (DR-58-20).
On October 12,2021,the City Council approved a rezone extension of time to execute the development
agreement associated with the Willow Run Retirement Community for Rennison Companies (EXT-10-
21).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Single-family dwelling
Residential and Transition—Ada County with pasture
Residential Transition designation)
Overlay
Proposed No Change No Change Senior living facility and
senior cottages
North of site Neighborhood MU-DA(Mixed Use with Single-family dwellings
Residential and a development agreement (Gated Garden
Residential Transition [in lieu of a PUD]) Subdivision)
Overlay
South of site Mixed Use C-3-DA(Highway Eagle Island Marketplace
Business District) (Lazy P Subdivision)
East of site Neighborhood MU-DA(Mixed Use with Single-family dwellings
Residential and a development agreement (Gated Garden
Residential Transition [in lieu of a PUD]) Subdivision)
Overlay
West of site Neighborhood RUT(Rural-Urban Single-family dwellings
Residential Transition—Ada County (Almaden Acres
designation) Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 10.44-acres
APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letters,date stamped by the City on April 20, 2023, attached to the staff
report and incorporated herein by reference.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property has stubbed access points from North Cherub Avenue (north) and the Eagle Island
Marketplace site(south).The property will be served by the Eagle Police Department,Meridian Fire
Department,Veolia Water Idaho,and Eagle Sewer District.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
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L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes,the site contains a riparian area along the irrigation
ditch located in proximity to the northern property line of the subject site
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—Yes,along the northern portion of the site in proximity to the ditch
Steep Slopes—No
Stream/Creek—Yes, irrigation ditch located in proximity to the northern property line
Unique Animal Life—Unknown
Unique Plant Life—Unknown
Unstable Soils—No
Wildlife Habitat—No
M. NONCONFORMING USES: None.
N. 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:
Ada County Highway District
Ballentyne Ditch Company
Department of Environmental Quality
Eagle Sewer District
Idaho Transportation Department
Valley Regional Transit
O. LETTERS FROM THE PUBLIC: None received.
P. 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 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;
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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 WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a site
when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
6.11.1 RIM VIEW LAND USES
C. Land uses such as,but not limited to, hotels, fitness centers, laundromats, car washes, and assisted
living/retirement centers that generate excessive wastewater flows(more than normal residential or
commercial uses)should be prohibited in this area.
6.11.2 RIM VIEW ACCESS
A. Access to the area should be focus on a new collector that allows adjacent parcels to provide
pedestrian and vehicle connectivity into the Rim View Planning Area.
B. Primary access should be from Temple Drive (a residential collector connecting Linder Road to
Meridian Road) with limited access onto Chinden Boulevard in accordance with ITD's access
management policies. Cross-access and local stub streets should be used to allow the planning area
to be interconnected without the need to access the arterial and state highway network.
C. Internal and interconnected circulation should be used to move traffic within the non-residential area,
helping to mitigate the number of local vehicle trips accessing US 20/26 and Linder Road to access
commercial and mixed-use services and create cross access into adjoining properties.
D. Chinden Boulevard and Linder Road should be recognized as a gateway to the City of Eagle and
development should adhere to proper berming,landscaping,and appropriate setbacks to prevent the
encroachment of abutting uses into future corridor improvements.This would protect the viability of
the regional transportation corridor as well as buffer the abutting uses from the impacts of the
corridor.
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6.11.3 RIM VIEW DESIGN
A. This area is recognized as a gateway to the City of Eagle to be integrated with appropriate
landscaping,entry features,and place-making features in its design.
B. Design of this area should be compatible to the existing residential uses currently present in the area.
The professional office/business park designation should be utilized to facilitate a transition between
commercial and existing residential uses.
C. Design of commercial and office uses should be compatible with the existing residential uses and
contain significant landscaped buffers and design elements to reduce the negative impacts to
residential areas and promote a cohesive character. Commercial development should provide for
indirect vehicle connections and for safe and efficient pedestrian linkages to the mixed use and
residential areas adjacent to the site.
D. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and
planting strip, further solidifying the purpose and character of the gateway corridor of Chinden
Boulevard.
E. Signage for all non-residential uses should be designed to be consistent and complimentary, place-
making being the primary objective and identification of uses being secondary.
F. Non-residential areas should be designed with features and materials to compliment and buffer
residential uses and to avoid creating a tunnel or wall effect along the backside of the large buildings.
6.11.4 ISSUES OF CONCERN
A. One of the main concerns in the development of this area is the ability to properly balance and buffer
the commercial uses with existing residential uses. The Mixed Use and Transitional Residential areas
should be designed in a manner that provides a cohesive transition and promotes local connectivity
between the commercial and residential uses,incorporating elements that will provide a common and
complimentary identity between such uses.
B. Considering the large amount of undeveloped or underdeveloped land within the planning area,each
proposed project should be evaluated for the potential to provide linkages and connectivity to adjacent
parcels. This is necessary to establish a functioning local and collector roadway system to support
the regionally significant roadways at the south and west of this area.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: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:
R RESIDENTIAL DISTRICT:
To provide regulations and districts for various residential neighborhoods. Gross density in an R
district shall be determined according to the numeral following the R. The numeral designates the
maximum number of dwelling units per acre. Multi-family and two-family units/developments are
prohibited in R-1,R-2,R-3, R-4 and R-5 zoning districts,unless approved as part of a planned unit
development (PUD). Centralized water and sewer facilities are required for all subdivision and lot
split applications submitted after the effective date hereof in all districts exceeding one dwelling unit
per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this
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section and those of other chapters and/or other titles, the chapter or title with the more restrictive
provision shall prevail.
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Nursing/Convalescent Homes are allowed by Conditional Use within the R (Residential) zoning
designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimu
Note Conditions A To E* m Lot
Area
Maximu (Acres
m Lot Or Minimu
Zoning Maximu Stree Covered Square m Lot
District m Front Rear Interior t F And Feet) Width
Height Side Side J* H* I*
R-4 35' 20' 25' 7.5' 20' 40% 8,000 70'
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Nursing/convalescent homes, sanitariums, 1 for each 3 beds
children's homes,asylums and similar uses
• Eagle City Code Section 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 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;
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 neighboring uses;
E. Will be served adequately by essential public facilities and services 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;
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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 shall be so 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 8-10-1: Development Agreement: 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. DISCUSSION(based on the Conceptual Site Plan and Development Agreement Modification Narrative
(narrative),date stamped by the City on April 20,2023):
• The applicant is requesting to shift the main senior living facility building closer to North Linder
Road to provide additional separation between the building and the north and east property lines to
create a larger outdoor amenity courtyard, add increased buffering to the adjacent commercial and
residential uses,and inclusion of an additional product type(independent living cottages)which will
provide for a broader range of living options. The narrative indicates the applicant is proposing 20-
additional duplex/townhome-style units.The residents of the independent living cottages will use the
same services and amenities utilized by the residents of the main facility. The narrative contains a
section named, "Addition of Patio Townhomes ("The Cottages")" which indicates the traffic
generated from the additional 20+/-townhomes units is minimal. The Conceptual Site Plan shows a
total of 18-independent living cottages located in proximity to the eastern and southern property lines.
If the City Council approves the additional independent living cottages, the applicant should be
limited to a maximum of 18-independent living cottages.
• The site plan shows a sidewalk located along North Linder Road. The applicant should be required
to construct a minimum six foot(6')wide detached sidewalk along North Linder Road. The sidewalk
should be constructed prior to issuance of a certificate of occupancy for any building located within
the property.
• The subject site consists of two (2) parcels (Ada County tax parcel #s SO424325802 and
SO424325655). The common side property line divides the two (2) parcels from east to west. As
proposed,the senior living facility will straddle the common side property line. Since it is the intent
of the applicant to develop the property as a single property, the applicant should be required to
provide a lot line adjustment application to combine the two(2)parcels into a single parcel. The lot
line adjustment application should be reviewed and approved by the Zoning Administrator prior to
the City Clerk signing the lot line adjustment record of survey. Upon the City Clerk's signature of
the lot line adjustment record of survey,the applicant should be required to provide a recorded copy
of the record of survey prior to issuance of a zoning certificate.
• The narrative indicates that in addition to the required landscape requirements pursuant to Eagle City
Code,the applicant is proposing a 30-foot wide landscape buffer located adjacent to the east property
line and an additional landscape buffer located between North Cherub Avenue and North Linder
Road. Based on the proximity of the existing homes located adjacent to the east property line, the
applicant should be required to provide a 30-foot wide landscaped buffer located adjacent to the east
property line.Also,the applicant should be required to provide a vegetative hedge with a mix of 80%
evergreen columnares for year-round coverage, with alternating shrubs for diversity between North
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Cherub Avenue and North Linder Road; planting should be installed at a minimum 4-feet in height
and should be double-rowed in strategic locations.The associated landscape plan should be reviewed
and approved by the Design Review Board and City Council prior to issuance of a zoning certificate.
• Policy 6.11.1(C),of the comprehensive plan states in part,land uses such as assisted living/retirement
centers that generate excessive wastewater flows(more than normal residential or commercial uses)
should be prohibited in this area.Neil Jenkins,the General Manager of the Eagle Sewer District,sent
email correspondence,dated May 22,2023,indicating the property is annexed into the District and a
connecting sewer line is stubbed to the property line. The email correspondence also indicated the
district is looking forward to seeing construction plans so they can calculate connection fees. The
applicant should be required to comply with all applicable Eagle Sewer District's regulations and
conditions prior to the submittal of any building permits.A letter of approval should be provided to
the City from the Eagle Sewer District,prior to issuance of any building permits.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the Council approves the requested modification, staff recommends the conditions of development
contained within the staff report be placed within an Amended and Restated Development Agreement.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Recording https://eagle-
id.granicus.com/player/clip/1765?meta id=85729):
A. A public hearing on the application was held before the City Council on July 25, 2023, 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 three(3)individuals(not
including the applicant/representative)who are supportive of the proposed redesign of the project.
C. Oral testimony in opposition to the application was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and
Zoning Commission by two(2)individuals who indicated the following:
• The proposed facility is located in an area that is the entrance to the city and they have a concern
regarding design and landscaping.
• The open area should be designed to compliment the area.
• The applicant should be required to preserve the creek located within the northern portion of the site
and re-design the creek area to create an amenity for the site.
• As proposed,the open area along North Linder Road will not have an inviting view.
• The intersection of West Temple Drive and North Linder Road needs a traffic signal.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-02-02 MOD2 for a development agreement modification for
Intermountain Pacific, LLC/dba Elton Development, with the following staff recommend conditions of
development to be placed within an Amended and Restated Development Agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement.Further,the 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 with this Agreement.
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3.2 The Concept Plan(Exhibit C)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.
3.3 The Senior Living Facility and a maximum of 18-Independent Living Cottages are the only approved
uses for the site.Any change of use will require a modification to this agreement prior to change of use.
3.4 The Senior Living Facility and Independent Living Cottages 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 within the EASD Book will not be permitted.
3.5 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
approval prior to issuance of a zoning certificate.
3.6 Owner shall provide a 30-foot wide landscaped buffer located adjacent to the entirety of the east
property line. Also, the Owner shall provide a vegetative hedge with a mix of 80% evergreen
columnares for year-round coverage, with alternating shrubs for diversity between North Cherub
Avenue and North Linder Road;planting shall be installed at a minimum 4-feet in height and shall be
double-rowed in strategic locations. The associated landscape plan shall be reviewed and approved by
the Design Review Board and City Council prior to issuance of a zoning certificate
3.7 The proposed building height of the Senior Living Facility building shall not exceed 51-feet in height.
All mechanical units associated with the facility shall be roof mounted and screened from view.
3.8 Owner shall construct a minimum six foot(6')wide detached sidewalk along North Linder Road. The
sidewalk should be constructed prior to issuance of a certificate of occupancy for any building located
on the Property.
3.9 Owner shall provide a lot line adjustment application to combine the two(2)parcels into a single parcel.
The lot line adjustment application shall be reviewed and approved prior to the City Clerk signing the
record of survey. Upon the City Clerk's signature of the lot line adjustment record of survey, Owner
shall provide a recorded copy of the record of survey prior to issuance of any zoning certificates.
3.10 Owner 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 Eagle
Sewer District,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 have the duty to maintain and operate all the common landscape areas 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.
3.13 All parking associated with the Senior Living Facility and Independent Living Cottages shall only be
allowed in the designated parking areas located onsite.
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3.14 Owner shall comply with all requirements of the Ada County Highway District, including but not
limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval
from the Ada County Highway District shall be submitted to the City prior to issuance of a Certificate
of Occupancy.
3.15 The Property is located within the Meridian Rural Fire District. Owner shall comply with all
requirements of the Meridian Rural Fire District. One set of building plans shall be submitted to the
Meridian Rural Fire District for review and approval. An approval letter from the Meridian Rural Fire
District shall be submitted to the City prior to issuance of any zoning certificates.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed development agreement
modification (RZ-02-20 MOD2) 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
development agreement modification is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-4-DA(Residential with a development agreement[in lieu of
a conditional use permit])is consistent with the Neighborhood Residential and Residential Transition
Overlay designations as shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed for
this site indicate that adequate public facilities exist, or are expected to be provided, to serve the
proposed senior living facility use on this property under the proposed zone;
c. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit])zone is compatible with the MU-DA(Mixed Use with a development agreement[in lieu of
a PUD]) zone and land use to the north since that area contains five (5) single-family lots with
residential dwellings and the subject property will contain a large open area between the residential
lots to the north and the proposed senior living facility;
d. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit])zone is compatible with the C-3-DA(Highway Business District)zone and land use to the
south since that area is developed with a shopping center(Eagle Island Marketplace);
e. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit])zone is compatible with the MU-DA(Mixed Use with a development agreement[in lieu of
a PUD])zone and land use to the east since that area is developed with a residential subdivision and
the applicant is proposing to provide a landscaped buffer area and senior cottages to provide a
transition located adjacent to the subdivision;
f. The proposed R-4-DA (Residential with a development agreement [in lieu of a conditional use
permit])zone is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone
and land use to the west since that area contains single-family dwellings which are separated from
the site by a principal arterial;
g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as described
within the Comprehensive Plan;
h. No nonconforming uses are expected to be created with this development agreement modification
since the existing residential dwellings and accessory structures were removed. Also, a lot line
adjustment is required to ensure the two (2)parcels are combined to allow the construction of the
senior living facility and senior cottages upon a single parcel.
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2. The Council reviewed the particular facts and circumstances of this development agreement modification
(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 with ancillary senior cottages) and
building height exceptions may be permitted in the R-4 (Residential)zoning district if a conditional
use permit is approved by the City Council;
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 with ancillary senior cottages)and building height exceptions are permitted with the approval
of a conditional use permit with the R-4 (Residential) zoning district and the Comprehensive Plan
designates this site as Neighborhood Residential and Residential Transition Overlay;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area since all buildings on the site will be designed to meet
the City's design review requirements and design requirements of the Eagle Architecture and Site
Design Book. The Council determined the building height exception to 51-feet is granted since the
applicant is required to provide a tree buffer consisting of evergreen trees and senior cottages located
in proximity to the east property line to provide a transition to the adjacent neighborhood. The west
property line is located adjacent to a principal arterial;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the property is
surrounded by a principal arterial(North Linder Road),a shopping center(Eagle Island Marketplace),
and a residential subdivision.The applicant is proposing a tree buffer and senior cottages to be located
adjacent to the residential subdivision;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures,refuse disposal,water and sewer and schools; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services.All central services are either available to the site or will be conditioned herein,as
noted within the letters provided by the agencies having jurisdiction over the site.Also,development
of sewer, water, drainage, streets, and other urban services will be provided at the developer's
expense.The design of the buildings and access roads will be reviewed and approved by the Meridian
Rural Fire District prior to issuance of a building permit;
F. Will not create excessive additional requirements at public cost for public facilities and services and
will not be detrimental to the economic welfare of the community since the site will be served with
central sewer from the Eagle Sewer District and will use public water to be served from the Veolia
Water of Idaho.Fire protection will be provided by the Meridian Rural Fire District and fire hydrants
will be provided where required;
G. Will not involve uses,activities,processes,materials,equipment and conditions of operation that will
be detrimental to any persons,property or the general welfare by reason of excessive production of
traffic,noise,smoke,fumes,glare or odors since the site will contain a senior living facility and senior
cottages.There are no uses,activities,processes,materials,equipment,and/or conditions that will be
detrimental to the surrounding properties upon completion of the site work;
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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 northern portion of the property contains wetlands. The applicant is required to
comply with rules and regulations pertaining to regulated wetlands as conditioned herein.
3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit(development agreement in lieu of a
conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
DATED this 8th day of August,2023
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
JasoTarce,Mayor
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Tracy E o ,Eagle City Clerk 4 •
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