Findings - PZ - 2002 - RZ-08-00 MOD - Rezone With Ad/Change To Concept Plan W/Da/70-Unit Senior Housing Develop
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A MODIFICATION TO THE REZONE WITH
A DEVELOPMENT AGREEMENT
FOR MERCY HOUSING IDAHO, INC.
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-O8-00 MOD
The above-entitled rezone with development agreement application came before the Eagle Planning and
Zoning Commission for their recommendation on March 4, 2002. The Commission, having heard and
taken oral and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Mercy Housing Idaho, Inc., represented by Glancey-Rockwell & Associates, is requesting
a change to the rezone with development agreement previously approved by the City from
MU-DA-P (Mixed Use - with development agreement-PUD) to MU-DA (removal of the
PUD) and a change to the concept site plan within the development agreement. The 70-
unit senior housing development (69-multi-family, I-single-family), 5.44-acre site is
located on the east side of Eagle Road approximately I,700-feet north of State Street at
544 North Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 10,2002.
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 February 16, 2002. 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 13, 2002. Requests for agencies' reviews were transmitted on January
14,2002, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 17, 2000, the Eagle City Council approved a rezone to Mixed Use with a
development agreement (MU-DA-P) for this site (RZ-8-00).
E.
COMPANION APPLICATIONS: DR-03-02 (Design Review), LS-OI-02 (Lot Split)
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F.
G.
H.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGN A TION DESIGNATION
Existing Mixed Use MU-DA-P (Mixed Use with Residence & Church
development agreement -
PUD)
Proposed No Change MU-DA (Mixed Use with Senior housing
development agreement)
North of site Mixed Use & Residential R-9 (Residential) & R-4 Town homes & Single-
Four (up to 4-units per (Residential) family dwellings
acre max.)
South of site Residential Four (up to 4- R-4 (Residential) Single-family dwellings
units per acre max.)
East of site Residential Four (up to 4- R-4 (Residential) Single-family dwellings
units per acre max.)
West of site Mixed Use & R-4 (Residential) & PS Residence & Eagle
Public/Semi-Public (Public/Semi-Public) Elementary School
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
TOTAL ACREAGE OF SITE: 5.44 - acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE MODIFICATION TO THE
PREVIOUSLY APPROVED REZONE:
See applicant's justification letter dated January 10,2002 (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT (if applicable):
See attached justification letter date stamped by the City on January 10,2002, provided by
the applicant's representative.
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary review letter from the Eagle Fire Department has been received. The Eagle
Sewer District states that it will be necessary for the applicant to petition to annex the
subject property into the sewer district for sewage disposal. An approval letter from the
water company having jurisdiction is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code, provided the
conditions within the development agreement are complied with.
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N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
United Water
O.
LETTERS FROM THE PUBLIC:
Letter from James Gipson Associates, 38 North First Street, Eagle ill, 83616, date
stamped by the city on February 19,2002.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
WHICH ARE OF SPECIAL CONCERN
Chapter 1 - Overview
1.3
The City of Eagle Vision Statement
d. providing diversified employment and housing opportunities for all economic groups;
Chapter 6 - Land Use
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process.
Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
6.7
Implementation Strategies
g. The mixed use area shown along both sides of Eagle Road between State Street and
Floating Feather Road is to allow development such as higher density residential
dwelling units and/or facilities such as senior assisted housing, nursing homes and
convalescent homes. Commercial uses in this area are not permitted.
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Chapter 9 - Parks, Recreation, and Open Spaces
9.5
9.5.1
9.5.2
Pathways and Greenbelts
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b.
To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
Chapter 10 - Housing
10.2
Goals
Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
10.3
Implementation Strategies
a.
A wide diversity of housing types and choice between ownership and
rental dwelling units will be encouraged for all income groups.
b.
The location of all housing should be coordinated with provisions for
adequate public facilities and services.
c.
Development of housing for all income groups close to employment and
business centers should be encouraged.
d.
Explore incentives that will encourage the private sector to provide
affordable housing.
e.
Encourage compliance with federal fair housing laws and discourage all
forms of discrimination.
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B.
c.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2-1 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
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.
(Ord. 357, 1-25-2000)
.
Section 8-10-I(A): REQUIREMENTS AND RESTRICTIONS (for development agreements):
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.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Mixed Use (for the purpose of
allowing higher density residential developments. Specific text within the Plan limits the
development of this site to residential uses only (up to 20-dwelling units per acre).
.
The previous application submitted by the applicant (RZ-08-00) included a development
agreement with the parcel to be developed with multi-family residential uses specifically for
older persons. On October 17, 2001, the City Council approved this application with specific
conditions to be included within a development agreement. The applicant is now requesting a
modification to this application due to various funding options provided by federal agencies
for the development of senior housing on the site. The following conditions (italicized) were
approved by the City Council on October 17, 2001 and are included herein for reference.
2.1 The development of the site shall be specifically limited to those residential uses listed in
Eagle City Code Section 8-2-3. All non-residential uses shall be prohibited (with the
exception of the operation and maintenance necessary for the running of the community
center within the development).
2.2 The owner shall submit a Planned Unit Development (PUD) application for the site (in
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accordance with Eagle City Code), and shall comply with all conditions required by
Eagle as a part of the PUD.
2.3 The owner shall submit a Design Review application for the site (as required by Eagle
City Code), and shall comply with all conditions required by Eagle as part of the Design
Review.
2.4 The development shall comply with the Zoning Code, as it exists in final form at the time
an improvement is made and the conditions within this agreement shall be satisfied.
2.5 This development shall comply with the requirements of the Federal Fair Housing Act, its
amendments and regulations. Under fair housing guidelines, principal residents will be
seniors, however, they may have a household member who is not a senior.
2.6 This development shall be restricted to no more than 61-dwelling units. The development
will include community space and offices referenced in #2 above for use by senior
residents.
2.7 Landscape buffering and siting of the dwelling units shall mitigate the effects of the
development on adjacent homeowners.
.
With this rezone modification application and development agreement, the applicant is
requesting that the PUD (Planned Unit Development) designation be removed from the
existing zoning designation of the site and to allow the development to be constructed without
the requirement of the PUD process. Eagle City Code section 8-2-1 provides that a
development agreement may be utilized in lieu of a PUD when a property is rezoned to Mixed
Use, provided conditions of development are required which may normally be required during
the regular PUD process. Staff believes that since the property has previously been rezoned to
MU-DA-P (mixed use with a development agreement - PUD) and the site is being reviewed by
the Design Review Board concurrently with this application, enough detail (including the
conditions referenced within this report to be included within a development agreement) has
been provided to assure an appropriately planned development will occur without the
requirement of a PUD application.
The applicant has also proposed to change the maximum dwelling units allowed on the site
from 6I-units to 70-units (69-multi-family and I-single-family). The proposed density would
increase from 11.2-units per acre to I2.9-units per acre, which may be considered a minimal
expansion to the use previously approved. While the building size may be enlarged slightly,
both the visual and perceived intensity of the site could be mitigated through the use of various
architectural and landscape elements.
.
The applicant proposes to include the following conditions (in bold type - several of the
conditions listed below are identical to the previously approved conditions) to the development
agreement, with underlined text recommended to be added by staff and text shown with strike-
thru recommended to be deleted by staff.
2.1 The development of the site shall be specifically limited to those residential uses
listed in Eagle City Code Section 8-2-3 with those uses being permitted as regulated
herein. All non-residential uses shall be prohibited (with the exception of the
operation and maintenance necessary for the running of the community center
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within the development).
2.2 The concept plan attached herein (Exhibit "A") shall be the guiding plan for this
development. Minor changes to this plan may be considered by the City through the
Design Review process.
2.3 The owner shall submit a Design Review application for the site (as required by
Eagle City Code), and shall comply with all conditions required by Eagle as part of
the Design Review.
2.4 The development shall comply with the Zoning Code, as it exists in final form at the
time an improvement is made and the conditions within this agreement shall be
satisfied.
2.5 This development shall comply with the requirements of the Federal Fair Housing
Act, its amendments and regulations. Under fair housing guidelines, principal
residents will be seniors, however, they may have a household member who is not a
senior.
2.6 This development shall be restricted to no more than 70-dwelling units (69- multi-
family and 1-sin2Ie-family). The development will include community space and
offices referenced in 2.1 above for use by senior residents.
2.7 Landscape buffering and siting of the dwelling units shall mitigate the effects of the
development on adjacent homeowners.
2.8 The applicant's property shall be annexed into the Ea2le Sewer District's service
boundaries and shall comply with all applicable Ea2le Sewer District's re2ulations
and conditions prior to the issuance of a buildin2 permit for this site.
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
.
With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes 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 is in accordance with the Mixed
Use classification 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 (with stipulations in the development agreement), to
serve the multi-family dwelling units allowed on this property under the proposed
zone;
c. The proposed MU-DA zone is compatible with the zoning designation and land
uses to the north and east since the proposed multi-family uses on this site are
required to be separated with perimeter landscape buffers from the residential uses
adjacent to this property;
d. The proposed MU-DA zone is compatible with the zoning designation and land
uses to the south since this development is separated from the adjacent residential
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uses to the south by a hill side and the Dry Creek Canal which provides a natural
buffer;
e. The proposed MU-DA zone is compatible with the zoning designation and
elementary school to the west since the school and this site are separated by Eagle
Road and perimeter landscape buffers will be installed to mitigate any impacts
between the uses;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
.
Eagle City Code section 8-2-1 provides that a development agreement may be allowed in lieu
of a PUD when a property is rezoned to Mixed Use, provided conditions of development are
required which may normally be required during the regular PUD process. This tool allows a
development to overcome certain obstacles or provide innovative solutions that the ordinance
may not be flexible enough to allow. In order to justify the use of the property as well as the
conditions listed herein to be placed within the development agreement, staff recommends that
the facts submitted with the application and presented to the Commission, establish that:
1. The development will be initiated within one year of the date of approval based upon the
testimony and documentation presented by the developer;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability
or that adequate assurance will be provided that such objective will be attained and the
uses will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations because
of the conditions placed on this development;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry
anticipated traffic, and the uses for the site will not generate traffic in such amounts as to
overload the street network outside the development since the development will use
existing roadways and a written response received from the Ada County Highway District
states the roadways will not be overburdened with the addition of this development;
4. The multi-family (seniors only) development can be justified at this location because the
site has previously been approved to be zoned for the uses noted herein and will be guided
through completion with a development agreement outlining conditions to assure that the
site is developed appropriately with the aforementioned uses;
5. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the development agreement, in accordance with the adopted
policy of the Council because the site offers an opportunity to provide senior housing as
outlined within the Comprehensive Plan;
6. This development can be planned and zoned in coordination and in substantial
compatibility with the surrounding area since it is designed and will be required to
incorporate landscaping and other buffering elements to minimize any impacts on the
residential areas surrounding the development;
7. The development is in conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for this proposal as the utilities
were either previously installed or will be required to be installed as noted by the agencies
which will serve the development.
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ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
modification to the development agreement with the staff recommended changes as noted in the
staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 4,
2002, 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 this proposal was presented to the Planning and Zoning Commission
by one (1) individual with concerns regarding the need for the project to be reviewed under the PUD
process, the increase in density from the previously approved application, disfavor of two-story
structures, the need to ensure that earthen fill has been properly installed on the site, assurances that
the drainage areas will not effect adjacent property owners and that this development is an example of
"development creep".
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom absent) to recommend approval of RZ-08-00 MOD for a
modification to the rezone with development agreement for Mercy Housing Idaho with the
following staff recommended modifications to be added to the previously approved development:
1. The development of the site shall be specifically limited to those residential uses listed in
Eagle City Code Section 8-2-3 with those uses being permitted as regulated herein. All non-
residential uses shall be prohibited (with the exception of the operation and maintenance
necessary for the running of the community center within the development).
2. The concept plan attached herein (Exhibit "A") shall be the guiding plan for this
development. Minor changes to this plan may be considered by the City through the Design
Review process.
3. The owner shall submit a Design Review application for the site (as required by Eagle City
Code), and shall comply with all conditions required by Eagle as part of the Design Review.
4. The development shall comply with the Zoning Code, as it exists in final form at the time an
improvement is made and the conditions within this agreement shall be satisfied.
5. This development shall comply with the requirements of the Federal Fair Housing Act, its
amendments and regulations. Under fair housing guidelines, principal residents will be
seniors, however, they may have a household member who is not a senior.
6. This development shall be restricted to no more than 70-dwelling units (69-multi-family and
I-single-family). The development will include community space and offices referenced in #2
above for use by senior residents.
7. Landscape buffering and siting of the dwelling units shall mitigate the effects of the
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development on adjacent homeowners.
8. The applicant's 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 approval of a building permit for this site.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 10,2002.
2. 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 February 16,2002. 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 13, 2002. Requests for agencies' reviews
were transmitted on January 14,2002, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-08-00
MOD) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided concludes that the proposed modification to the rezone with
development agreement for Mercy Housing Idaho is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA is in accordance with the Mixed Use
classification 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
(with stipulations in the development agreement), to serve multi-family uses allowed on this
property under the proposed zone;
c. The proposed rezone is compatible with the current zoning and uses to the north, south, east,
and west since the development of this site will have adequate buffers as required with design
review and will be limited to only the multi-family housing for older persons and associated
uses as outlined within the development agreement;
d. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan;
e. No non-conforming uses are expected to be created with this rezone if the development
agreement as proposed is required and subsequently complied with.
4. In accordance with Eagle City Code findings for a rezone with a development agreement, the Eagle
Planning and Zoning Commission makes the following conclusions for RZ-08-00 MOD for Mercy
Housing Idaho as proposed with the conditions recommended herein:
1. The development will be initiated within one year of the date of approval based upon the
testimony and documentation presented by the developer;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance will be provided that such objective will be attained and the uses will
not be detrimental to present and potential surrounding uses, but will have a beneficial effect
which would not be achieved under standard district regulations because of the conditions
placed on this development;
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3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and the uses for the site will not generate traffic in such amounts as to overload the
street network outside the development since the development will use existing roadways and
a written response received from the Ada County Highway District states the roadways will
not be overburdened with the addition of this development;
4. The development of multi-family housing for older persons can be justified at this location
because the site has previously been approved to be zoned for the uses noted herein and will
be guided through completion with a development agreement outlining conditions to assure
that the site is developed consistently with the aforementioned uses;
5. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the development agreement, in accordance with the adopted policy
of the Council because the site offers an opportunity to provide senior housing as outlined
within the Comprehensive Plan;
6. This development can be planned and zoned in coordination and in substantial compatibility
with the surrounding area since it is designed and will be required to incorporate landscaping
and other buffering elements to minimize any impacts on the residential areas surrounding the
development;
7. The development is in conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for this proposal as the utilities were
either previously installed or will be required to be installed as noted by the agencies which
will serve the development.
DATED this 18th day of March 2002.
ATTEST:
~~~
Sharon. Moore, Eagle City Cle
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