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Findings - CC - 2019 - CU-10-18 - Cup For Assisted Living FacilityORIGI' BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR SENIOR ASSISTED LIVING FACILITY FOR RICK BENNETT FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -10-18 The above -entitled conditional use permit application came before the Eagle City Council for their action on March 12, 2019, at which time public testimony was taken and the public hearing was closed. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Rick Bennett, represented by Caroline Moore with BrightStar Care, is requesting conditional use permit approval for a Senior Assisted Living Facility. The .51 -acre site is located on the south side of West Prickly Pear Drive approximately 120 -feet west of the intersection of North Park Lane and West Prickly Pear Drive at 4073 West Prickly Pear Drive (Lot 29, Block 10 Senora Creek Subdivision No. 3). As part of the conditional use permit application (in accordance with Idaho Code §67-6512(0), the applicant has requested a waiver of Eagle City Code Section 8-3-2 (F), which states that Nursing/Convalescent Homes (which include senior assisted living facilities) shall be located adjacent to an arterial or collector roadway in zoning districts A, A -R, R -E and R. The subject site is not located adjacent to an arterial or collector roadway. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, October 29, 2018, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on December 18, 2018. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 18, 2019. 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 January 15, 2019. The site was posted in accordance with the Eagle City Code on January 24, 2019. Requests for agencies' reviews were transmitted on December 18, 2018, 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 February 23, 2019. 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 February 21, 2019. The site was posted in accordance with the Eagle City Code on February 28, 2019. Page 1 of 12 K:\Planning tkpt\l:agk Applications\CU\20181CU-10-I8 Bennett Nursing cci.docx D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 15, 2016, the City Council approved a rezone from A -R (Agricultural -Residential) to R -3 -DA (Residential with a development agreement) and preliminary plat for Senora Creek Subdivision No. 3 (RZ-08-16 & PP -06-16). On April 13, 2017, the Design Review Board approved the common area landscaping within Senora Creek Subdivision No. 3 (DR -08-17). On April 15, 2017, the City Council approved the final plat for Senora Creek Subdivision No. 3, for MM&T Holdings, LLC (FP -05-17). On August 28, 2017, the final plat for Senora Creek Subdivision No. 3 was recorded at the Ada County Recorder's Office (Instrument #2017-08056). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN ZONING DESIGNATION DESIGNATION Neighborhood with Transition Overlay No Change No Change R -3 -DA (Residential with a development agreement Neighborhood with Transition Overlay Neighborhood with Transition Overlay R -3 -DA (Residential with a development agreement R -3 -DA (Residential with a development agreement Public/Semi-Public PS (Public/Semi-Public Neighborhood with R -3 -DA (Residential with a Transition Overlay development agreement LAND USE Single -Family Residential Senior Assisted Living Facility Single -Family Residential Single -Family Residential Vocational Rehabilitation School (Meridian Joint School District No. 2 Vacant Residential Lot G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site consists of an existing residential dwelling with attached garage. The site also contains an asphalt driveway, connecting to West Prickly Pear Drive, located adjacent to the west side of the residential dwelling and an asphalt parking area (previously utilized as a driveway from North Park Lane) located at the rear of the home. A white vinyl fence exists adjacent to the east, south, and west property lines. Page 2 of 12 K:1Planning DeptlEagle Applications1CU120181CU-11-18 Bennett Nursing ccI docx I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.51 acres (22,215 sq. ft.) 10,000 sq. ft. (minimum) Percentage of Site Devoted to Building 18.3 % 40% (maximum) Coverage Percentage of Site Devoted to 12% 10% (minimum) Landscaping Number of Parking Spaces 6 -parking spaces 4 -parking spaces Front Setback (north) 23 -feet 30 -feet (minimum) Rear Setback (south) 49.83 -feet 25- feet (minimum) Side Setback (east) 36.5 -feet 7.5 -feet (minimum) Side Setback (west) 19 -feet 7.5 -feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The site consists of an existing residential dwelling which is proposed to be used for a ten (10) person (with additional staff) Senior Assisted Living Facility. Height and Number of Stories of Proposed Buildings: approximately 17 I/z -feet high, one-story Gross Floor Area of Proposed Buildings: 4,068 -square feet On and Off -Site Circulation: A 3,528 -square foot (approximately) paved parking area is located on the south side of the existing structure. An 11 -foot wide gated driveway is located on the west side of the existing structure. K. PARKING ANALYSIS: Number of beds: 10 Senior Assisted Living Facility (ECC Section 8-1-2- included with definition for Nursing/Convalescent Home) — 4 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space for each 3 beds for "Nursing/Convalescent Home" use. Total parking spaces existing: A 3,528 -square foot paved area provides space for 6 on-site parking spaces (located on the south side of the existing structure). L. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Sewer District, Suez Water, Eagle Police Department, and Eagle Fire Department. M. PUBLIC USES PROPOSED: None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. Page 3 of 12 K:\Planning Ikpi Eagk Applications1CU1'_0181CU-10-18 Bennett Nursing ccl docx O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — yes Riparian Vegetation — no Steep Slopes — no Stream/Creek— no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Q. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report and is incorporated herein by reference. Andeavor (Tesoro Logistics NW Pipeline) Eagle Fire Department Eagle Sewer District Idaho Transportation Department Division of Environmental Quality R. LETTERS FROM THE PUBLIC: A letter from Nicole and Bart Brown, date stamped by the City on January 25, 2019, and an email from Joe Dumais, date stamped by the City on March 12, 2019 (attached to the staff report and incorporated herein by reference). STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. Page 4 of 12 K:1Planning Dept\Engle Applications1CU120181CU-10-18 Bennett Nursing cetldocx B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: Nursing/Convalescent Home: Establishments providing care on a twenty-four (24) hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. This classification also includes senior assisted living facilities with provisions for shared kitchen facilities and rooms with private bathrooms. • Eagle City Code Section 8-2-3 states, in part, that a Nursing/Convalescent Home located within a R (Residential) zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-4-4-2 (D): ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS: D. Screening And/Or Landscaping: Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence, or planting screen. Such wall, fence, or planting screen shall not be less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such wall, fence, or planting screen will not serve the intended purpose, then no such wall, fence, or planting screen and landscaping shall be required. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: Nursing/Convalescent Homes, sani- 1 for each 3 beds tariums, children's homes, asylums and similar uses • Eagle City Code Section 8-7-3-1(A): Purpose And Interpretation of Conditional Use: A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. • Eagle City Code Section 8-7-3-2: General Standards for Conditional Use: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such Page 5 of 12 K:1Planning Ikpt\Eagk Applicatinns1CU12O181CU-IO-1K Bennett Nursing ccr.docx use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • Eagle City Code Section 8-7-3-5(D)(E)(G): Conditional Use Permit: D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title. E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land to another. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon any transfer of title for the property the conditional use permit transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgement to the city accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. G. Time Limitations, Extensions: 1. Once a conditional use is approved and exercised, said use may continue without further temporal constraints, provided that the use complies with its intended purpose, or city approved modifications thereafter, and does not violate any codes, subject to the following: a. An approved conditional use permit shall be valid for a term approved and conditioned by the city council. Page 6 of 12 K:1Planning Deptlliagle Applications1CU120181CU-111.1K Bennett Nursing ccl:Jocx b. An extension of the time limit for an approved conditional use may be granted by the city council, at its sole discretion, without further notice and hearing, if the following findings are made: (1) There are no outstanding city code or conditional use permit violations on the subject property. If such violations exist, they may be conditioned by the city council to be cured as a condition of the extension of time; (2) The conditional use, as previously approved, remains in the best interests of the health, safety, and general welfare of the city; (3) There have been no significant changes to this code between the date of conditional use approval and the date of the time extension request that would require substantial modifications to the project; (4) There are no hazardous conditions which have developed or have been discovered on the project site; and (5) The public facilities and services required for the project remain adequate. • Eagle City Code Section 8-2A-10: APPLICATION REQUIREMENTS: Prior to application for a permit to erect, construct, alter, move, remodel, reface or repaint or otherwise change the use of the building or structure in the Design Review Overlay District, the applicant must file an application, upon a form prescribed by the Council, with the Zoning Administrator. All application materials supplied or presented to the City including presentation boards, materials boards and documentation are part of the public record and shall become the property of the City. The applicant may be required to supply the City with colored photos of the presentation boards if determined by the Zoning Administrator. The size of the photos shall be determined by the Zoning Administrator and the boards may be returned to the applicant if the photos are provided to the City. Design review applications for any commercial building larger than one hundred twenty (120) square feet shall be prepared by or under the responsible control of a licensed architect, unless exempted under Idaho Code, section 54-309(2), with said plans to be duly stamped to clearly identify the preparer. Applications shall be accompanied by appropriate architectural and site development plans as may be required by the Zoning Administrator and in accordance with the requirements set forth in this article. The plans shall be legible, to scale and shall include, at a minimum: A. Site Plans Showing: 1. Roofline and foundation plan of building, located on the site; 2. Location of existing trees and structures, if any; 3. Location and dimensions of streets and highway designations; 4. Location and dimensions of off street parking and loading facilities; 5. Location and dimensions of points of entry and exit for vehicles and internal circulation patterns; 6. Location of walls and fences and indication of their height and material of construction; 7. Exterior lighting standards and devices including detailed cut sheets and photometric plan (pedestrian, vehicle, security, decoration); 8. Landscape plan; Page 7 of 12 K:1Planning Dept\Eagle AApplications1CU120181CU-10-I8 Bennett Nursing cc(docx 9. Scale and north arrow; 10. Location and designation of all rights-of-way and property lines. B. Architectural Plans Showing: 1. Building materials; 2. Four (4) elevations to include all sides of development. Perspectives, models or other suitable graphic materials may be submitted at the option of the applicant and if determined by the Zoning Administrator; 3. Proposed color schemes of entire building, including roof; 4. Site photographs (snapshots) of the site itself and adjacent properties to intersections; 5. Color and texture chips of actual samples of materials may be submitted at the option of the applicant and as may be required by the Zoning Administrator; 6. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and illumination; and 7. Scale drawings showing the placement and size of all roof mounted mechanicals and the screening of such equipment by a parapet wall or within the roof system. (Ord. 462, 11-11- 2003) C. Engineered Grading And Drainage Plans: 1. A generalized drainage plan showing direction drainage with proposed on site retention. 2. Upon submittal of building/construction plans for an approved design review application, a detailed site grading and drainage plan, prepared by a registered professional engineer (PE) or licensed landscape architect (ASLA), shall be submitted to the City for review and approval by the City Engineer. 3. a. Upon the completion of the site grading and drainage structure installation, or other improvements subject to City Engineer approval, a written certification of completion shall be prepared by the registered professional engineer (PE) or licensed landscape architect (ASLA) responsible for the plan. The certification of completion shall state that the installation of all drainage improvements are in substantial compliance with the City approved drainage plan. This certification shall be submitted prior to the issuance of a certificate of occupancy and is required as a part of, and not in lieu of, the inspections performed and certificates issued by the City. b. In the event that deficiencies are present after the site grading and drainage structure installation, or other improvements subject to City Engineer approval, the registered professional engineer (PE) or licensed landscape architect (ASLA) shall prepare and file with the City a report noting the deficiencies in the installation. The City will not accept the certification of completion, or issue a certificate of occupancy, until the registered professional engineer (PE) or licensed landscape architect (ASLA) has verified that the deficiencies have been corrected. (Ord. 618, 2-17-2009) D. Existing Structures And Sites: Applications involving conversion, remodeling, restoration, renovation, enlargement, or expansion of existing structures or sites shall contain information sufficient in content and detail so that the Design Review Board and/or Zoning Administrator may be assured the applicant complies with the provisions of this article. Page 8 of 12 K:11'lanning Dcptll:agle Applications\CU120181CU-10-18 Bennett Nursing cct docx • Eagle City Code Section 8-2A-7 (I) I. Irrigation Required: An underground automatic irrigation system is required for all development as defined in section 8-2A-1 of this article. 1. All required landscaped areas must be provided with an automatic underground irrigation system. 2. The system shall be equipped with a reduced pressure backflow prevention device. 3. The system shall be designed and constructed to provide one hundred percent (100%) spray coverage. 4. Wherever feasible, sprinkler heads irrigating lawn or other high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water demand areas. 5. Sprinkler heads shall be placed as required to reduce direct overthrow onto nonpervious areas (walks, drives, etc.). 6. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. 7. Use of nonpotable water for use in the irrigation of lawn and plant material is required when determined to be available. 8. All nonpotable water access points shall be clearly and permanently labeled with markers indicating that the water is not safe for human consumption. 9. Maintain all irrigation systems to ensure proper operation and water conservation. C. DISCUSSION: • The City received correspondence from Eagle Fire Department, date stamped by the City on January 3, 2019, which states, "The facility shall have a fire sprinkler system and fire alarm system installed as per the 2015 edition of the International Fire Code as adopted by the State of Idaho." The applicant should be required to provide correspondence from the Eagle Fire Department indicating department approval regarding the installation of the fire sprinkler and alarm system prior to the issuance of a zoning certificate. • The proposed assisted living facility is located within a residential subdivision. The applicant indicated within their narrative, date stamped by the City on December 18, 2018, that they plan to maintain the facility's current appearance as a house with only slight modifications to exterior. No signage is proposed. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on February 4, 2019, 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 Planning and Zoning Commission by six (6) individuals who indicated the following: • Concerned by the amount of change (due to development) that has taken place in the area recently; Page 9 of 12 K:IPlanning lkptlliagle ApplicationssCU120181CU-10-18 Bennett Nursing ccf.Jocx • This location is not an appropriate location for the proposal; • Inquired whether this is a commercial business in a residential area; • People living in the area should be notified of the facility; • Inquired whether the business has already been approved because there has been a lot of activity occurring on the property; • Did not receive notice of the neighborhood meeting; • The lot to the east of the property is a residential lot; • Opposed to a business being located within the neighborhood; • Concerned about parking on West Prickly Pear Drive; • Concerned for the safety of residents of the surrounding subdivision; • Concern for residents in the facility due to traffic volumes in the area during school hours; • Concern regarding the number of people in the facility; • Concern regarding the proximity of parking spaces adjacent to the fence on the south of the property; • Concern regarding code -compliance within the facility and safety of the residents; • Requests a barrier between the property to the south and the parking area of the facility; • Concern with the property having four different styles of fencing; • Inquired whether the applicant will be required to replace the fencing. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by one (1) individual (other than the applicant/representative) who indicated the following: • They have visited another BrightStar facility and they are very calm and quiet and the residents spend a lot of time reading and resting; • These facilities operate the same as a residential home; • A typical residential home may have two (2) or threes (3) vehicles; this facility will have less impact than a typical residence; • This facility does not operate like a commercial business; nursing staff will not visit the facility every two (2) to three (3) hours like a larger facility; • On-site staff (care givers) help the residents when needed; • This is not the only facility, large or small, in the Treasure Valley that is located near a school; • Emergency vehicles are called to this type of facility less than they are called to larger facilities. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by one (1) individual who indicated the following: • Concern regarding the number of proposed bedrooms and bathrooms in the existing home; • Inquired whether the fence to the property will be locked; • Believes that a subdivision is not the correct location for this project; • Would like more information about this facility. COMMISSION DELIBERATION: (Granicus Time 02:13:30) Upon closing the public hearing, the Commission discussed during deliberation that: • The site is in compliance with Eagle City Code and the Eagle City Comprehensive Plan. While the Senior Assisted Living Facility is a business, it has the same or less impact on surrounding properties as a single family residence; it will generate less traffic than an in-home daycare. • Based on the location of the site, traffic and parking will be impacted by the high school students who currently park along West Prickly Pear Drive while school is in session. The existing median at the entrance from North Park Lane makes parking for the applicant on West Prickly Pear a concern since it is located approximately 50 -feet from the eastern property line of the site. The Commission recommends prohibiting on -street parking for patrons, visitors, and staff associated with assisted living Page 10 of 12 K:Wlanning DeptUiagk Applicatians1CU120181CU-10-18 Bennett Nursing cct dcxz facility (see site specific condition of approval #4). • A Design Review application, to be submitted by the applicant, will address the buffer landscape along the southern and western property lines. • The Commission recommends visiting hours from 8:00 a.m. to 8:00 p.m. (see site specific condition approval #5). COMMISSION DECISION: The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of CU -10-18 for a conditional use permit for a Senior Assisted Living Facility for Rick Bennett with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document dated, February 19, 2019. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on March 12, 2019, 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 one (1) individual who indicated concerns regarding traffic impacts to the neighborhood, lack of adequate on-site parking, negative impacts to on -street parking, that businesses should not be located within residential neighborhoods, that a 25% increase in the intensity of the use (increasing from 8 people/clients to 10 people/clients) is inappropriate, and that the use is not needed because there are larger facilities with vacancies (space available) located within the City within already established commercial areas, C. Oral testimony was presented to the City Council by the applicant's real estate advisor who indicated that this property is similar to other properties that contain assisted living facilities in similar neighborhoods located near schools and would not increase traffic; that the concrete parking area on the south side of the house is adequate; that the residents are not exceptionally mobile and the caregiver ratio is helpful to allow for their safety. COUNCIL DECISION: The Council voted 4 to 0 to deny CU -10-18 for a conditional use permit and waiver of Eagle City Code Section 8-3-2 (F) for a Senior Assisted Living Facility for Rick Bennett. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -10-18) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional use: B. Is not in accordance with Eagle City Code Title 8 - Section 8-3-2 (F) states that Nursing/Convalescent Homes (which include senior assisted living facilities) shall be located adjacent to an arterial or collector roadway in zoning districts A, A -R, R -E and R. The subject site is zoned R -3 -DA (Residential with a development agreement) and is not located adjacent to an arterial or collector roadway. Page 11 of 12 K_IPlanning Ikpi\Eaglk Applications1CU120181CU-10-18 Bennett Nursing cct:docx DATED this 26th day of March 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk Reconsideration Notice- Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen (14) days of the final written decision. Page 12 of 12 1v11'lanning Dept \I igle Appliwuona\C'l'\2018\l'l'-111-18 (Sennett Nursing Ct.! duct