Findings - CC - 2003 - RZ-3-03 - Rz From R4 To Mu-Da/2.9 Acre/813 N Eagle Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
REZONE FROM R-4 (RESIDENTIAL) TO MU-DA
(MIXED USE WITH DEVELOPMENT AGREEMENT)
FOR PARAMOUNT PARKS AT EAGLE LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-3-03
The above-entitled rezone with development agreement application came before the Eagle City Council for
their action on September 23, 2003, at which time public testimony was taken and the public hearing was
continued to October 14, 2003, to October 28, 2003, to November 18, 2003, at which time the public
hearing was closed and the Council made their decision at that time. The 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:
Paramount Parks at Eagle LLC, represented by Gerald Teal with Teal Architects. is
requesting a rezone from R-4 (up to four dwelling units per acre) to MU-DA (Mixed Use
with development agreement). The 2.9-acre site is located on the west side of Eagle Road
approximately 800-feet south of Floating Feather Road at 813 N. Eagle Road.
B.
APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on June 16,2003.
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 July 15. 2003. 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 July 10. 2003. Requests for agencies' reviews were transmitted on June 20,
2003, 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 2, 2003. 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 August 27,
2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: (none)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use R-4 (Residential) Single-family dwelling
Proposed No Change MU-DA (Mixed Use with Nursing Home (Senior
Development Agreement) assisted living facility)
North of site Mixed Use R-4 (Residential) Single-family residences
South of site Mixed Use MU-DA (Mixed Use with Spring Creek Development
Development Agreement) &Assisted living facility
East of site Residential Three (up to R-3 (Residential) Red Leaf Heights
three dwelling units per Subdivision
acre)
West of site Residential Four (up to R-4 (Residential) Clear Creek Crossing
four dwelling units per Subdivision
acre)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 2.9-acres
Total Number of Proposed Beds: 74 upon completion of Phase II
Note: Density is not considered a factor in this application since density is
applied to residential uses rather than commercial uses. In addition, the separate
rooms within the facility are not, by definition, dwelling units and the facility is
more or less defined by the number of beds provided.
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter date stamped by the City on June 16, 2003, and provided by the
applicant's representative, is included herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The justification letter date stamped by the City on June 16, 2003, and provided by the
applicant's representative, is included herein by reference.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from the Central District Health Department and Eagle Fire
Department have been received. The Eagle Sewer District states that the subject property
would need to be annexed into the District's service boundaries, and construction
drawings approved, to obtain central sewer service. A letter from the water utility that
provides service to the site will be required prior to the issuance of any building permits
on the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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M.
NON-CONFORMING USES:
An accessory building (garage) is situated to the west of an existing single-family dwelling
unit, a portion of which extends into the minimum seven and one-half foot (7.5') side
setback. The location of a building, or portion thereof, within a required setback
constitutes a non-conforming use of the property.
N.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
O.
LETTERS FROM THE PUBLIC:
Letter from Larry Hinshaw, 1053 North Eagle Road, Eagle, ID 83616, date stamped by
the City on July 17,2003.
Letter from Cliff and Jane Chambers, 749 North Eagle Road, Eagle, ID 83616, date
stamped by the City on July 23, 2003.
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 designates this site as 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.
Chapter 6 - Land Use
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.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1O-1(A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the
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c.
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:
.
Staff believes that a MU-DA (Mixed Use with development agreement) zoning designation for
this site is appropriate since the parcel is designated Mixed Use as shown on the City of Eagle
2000 Comprehensive Plan Land Use Plan, and because the land to the south is zoned MU-DA
and has a use (Assisted Living facility) which is similar to the use proposed with this
application. In addition, this site is compatible with the site to the north since that site is
expected to develop in a manner consistent with the Mixed Use designation and those uses as
specified in the City of Eagle 2000 Comprehensive Plan.
.
The subject site currently has an older single-family dwelling unit with a detached garage/shop
building. Eagle Road abutting the east side of this site is improved with curb, gutter and a
five-foot wide concrete sidewalk separated from the back of curb by a tree-lined landscape
strip.
A driveway curb cut located on the northern boundary line provides access to an abutting
property located north of this site through a thirty-foot (30') wide ingress/egress easement.
Since this easement is currently the only access to the parcel, the access will need to be
maintained in perpetuity until such time that another source of access has been obtained for the
property.
The applicant has submitted a conceptual drawing of the parcel showing a phased plan for the
construction of one building for a nursing home (Senior Assisted Living Facility). The site is
proposed to have access through two (2) driveways on Eagle Road, located approximately on
the north and south boundaries. In order to ensure the appropriate development of the site,
staff has recommended the following conditions to be placed within a development agreement:
.
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an
example of the Applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The Applicant also understands and
agrees that any changes regarding development of the site must be in conformance
with the "Conditions of Development" stated herein.
2.2 Nursing Home (Senior Assisted Living Facility) shall be the only use permitted.
2.3 The Applicant shall remove any portion of the garage/shop which extends into the
required 7.5-foot side setback on the southern boundary. The City shall not rezone the
Property by a properly adopted rezone ordinance until this condition is met by the
applicant.
2.4 The site shall be designed in such a way as to provide access to the parcel to the north
of this site, (parcel #110320) either within the existing easement or within a revised
easement. The Applicant shall provide a copy of the recorded revised easement (if
applicable), prior to the issuance of any building permits for the site.
2.5 The Applicant shall submit a Design Review application for the site (as required by
the Eagle City Code), and shall comply with all conditions required by Eagle as a part
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of the Design Review prior to issuance of a certificate of occupancy.
2.6 Landscape buffering and siting of the Nursing Home (Senior Assisted Living Facility)
shall be designed to mitigate the effects of the development on adjacent residences.
2.7 The pathways and open space configuration shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.8 The design of the Nursing Home (Senior Assisted Living Facility) shall incorporate
residential elements to ensure compatibility with the surrounding uses.
2.9 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
2.10 The Applicant will submit drawings for review and approval by the City Engineer to
mitigate the effects of any improvements within the slope area located on the western
portion of the property.
2.11 The Applicant shall submit, as may be determined by the Flood Plain Administrator, a
Flood Plain Development Permit in compliance with all rules, regulations and
ordinances as required by Title 10, Flood Control, of the Eagle City Code.
2.12 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 issuance of a building permit for this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone with a development agreement to include the conditions as outlined 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 August
4, 2003, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by two (2) individuals with questions regarding the total number of residents,
phasing of the project, the appearance of the building, the accommodation of drainage on-site; and
concerns regarding the need to maintain an adequate access over the existing easement on the northern
property line to accommodate larger vehicles and farm equipment, to maintain proper irrigation
channels to adjacent properties, and to ensure construction on the hillside is properly engineered to
maintain the integrity of the hillside.
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-3-03 for a rezone with development
agreement from R-4 (Residential) to MU-DA (Mixed Use with development agreement) for
Paramount Parks at Eagle LLC with conditions to be included within the development agreement
for this site as shown within their Findings of Fact and Conclusions of Law document dated
August 18,2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 23,2003, at which
time public testimony was taken and the public hearing was continued to October 14, 2003. to October
28,2003. to November 18, 2003, at which time the Council made their decision.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative ).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by two (2) individuals who felt the project fits well in the area; the need to accommodate drainage on-
site; the need to maintain and to design an adequate access over the existing easement on the northern
property line to the site to the north, the need to maintain proper irrigation channels to adjacent
properties, the need to screen adjacent properties from the parking lot and on-site lighting, and
flooding issues as a result of development on adjacent properties.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-3-03 for a rezone with development agreement from R-4
(Residential) to MU-DA (Mixed Use with development agreement) for Paramount Parks at Eagle
LLC with the following Planning and Zoning Commission recommended conditions to be
included within the development agreement, with strike through text to be deleted by the Council
and underlined text to be added by the Council:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an
example of the Applicant's current concept for the site and understands and agrees
that changes in that concept will likely occur. The Applicant also understands and
agrees that any changes regarding development of the site must be in conformance
with the "Conditions of Development" stated herein.
2.2 Nursing Home (Senior Assisted Living Facility) shall be the only use permitted.
2.3 The Applicant shall remove the entire garage/shop located on the site west of the
dwelling unit and abutting the southern property line. The City shall not rezone the
Property by a properly adopted rezone ordinance until this condition is met by the
applicant.
2.4 The site shall be designed in such a way as to provide access to the parcel to the north
of this site, (parcel #110320) either within the existing easement or within a revised
easement. The Applicant shall provide a copy of the recorded revised easement (if
applicable), prior to the issuance of any building permits for the site. The access shall
be paved a minimum twenty-four feet (24') wide, and designed and constructed to
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local road standards (to provide adequate access for any development on the parcel to
the north), as recognized by the Ada County Highway District, or as approved by the
City Engineer. No parking signs shall be installed along both sides of the access.
2.5 The Applicant shall submit a Design Review application for the site (as required by
the Eagle City Code), and shall comply with all conditions required by Eagle as a part
of the Design Review prior to issuance of a certificate of occupancy.
2.6 Landscape buffering and siting of the Nursing Home (Senior Assisted Living Facility)
shall be designed to mitigate the effects of the development on adjacent residences.
2.7 The pathways and open space configuration shall remain substantially as shown on
the attached Site Plan (Exhibit "A").
2.8 The design of the Nursing Home (Senior Assisted Living Facility) shall incorporate
residential elements to ensure compatibility with the surrounding uses.
2.9 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
2.10 The Applicant will submit drawings for review and approval by the City Engineer to
mitigate the effects of any improvements within the slope area located on the western
portion of the property. Prior to the commencement of any construction on the site, the
Applicant shall contact the City Engineer for an on-site inspection of the hillside. and to
establish a schedule outlining subsequent on-site visits during construction upon the
hillside.
2.11 The Applicant shall submit, as may be determined by the Flood Plain Administrator. a
Flood Plain Development Permit in compliance with all rules, regulations and
ordinances as required by Title 10, Flood Control, of the Eagle City Code. Prior to the
submittal of a flooàplaiR àevelopmeHt permit af'f>lieatioR, the ,^.ppliøant shall CÐRæet the
FlooàplaiH AàmiflistFator for aH OR site visit to determine the effects or aistlUbaBees to
the flooaplaiR that may have oøeliffØEI alie to the iRsællatioR of fill material or other
consB1:ietioR aetivity OR the site.
2.12 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 issuance of a building permit for this site.
2.13 All drainage and storm water shall be retained on-site, with speeial eoRsideratioR
giveR to Rot eoRtribliting to existiRg draiRage coRaitioRS OR tHe HiRshaw pr{)flerty to
tHe RortR of tRis site and shall comply with all requirements of Eagle City Code and
the City Engineer. The Applicant shall submit construction drawings showing these
details to the City Engineer for review and approval prior to the issuance of any
building permits.
2.14 THe ,'\ppliøaHt sRall SliBH1Ít to tHe City ERgiReer for review aHa aflflroval, fllaRs
detailiRg the reloeatiøR and tiliRg of aHY irrigatioR aitcR or faøilities loøaæa OR the
site. TRe plaRs GRall detail Row dowRstr-eam lise (speeifieally the HiRsha'.... pal'cel to
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tHe BortH) will Bot be impeded aø.à eo8tiBHoHs Hse will be proviàeà.
CONCLUSIONS OF LAW:
l. The application for this item was received by the City of Eagle on June 16,2003.
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 July 15, 2003. 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 July 10, 2003. Requests for agencies' reviews were
transmitted on June 20, 2003, 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
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 2,
2003. 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 August 27,2003.
3. The Council reviewed the particular facts and circumstances of this proposed rezone with development
agreement (RZ-3-03) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone with
development agreement is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with development
agreement) is consistent with the Mixed Use designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve a Nursing Home (Senior Assisted Living
Facility) on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with development agreement) is compatible
with the MU-DA (Mixed Use with development agreement) zone to the south
since that site has an existing Nursing Home (Senior Assisted Living Facility)
which is similar to the proposed subject development;
d. The proposed MU-DA (Mixed Use with development agreement) is compatible
with the R-4 (Residential) zone to the north since that area is anticipated to
develop in a manner consistent with this site and with those uses as specified in
the City of Eagle 2000 Comprehensive Plan, as the area is designated as Mixed
Use per the Comprehensive Plan Land Use Map;
e. The proposed MU-DA (Mixed Use with development agreement) is compatible
with the R-4 (Residential) zone to the west since this development will be
required to incorporate residential elements into the building architecture, as well
as provide adequate landscape buffers between this development and the adjacent
residences;
f. The proposed MU-DA (Mixed Use with development agreement) is compatible
with Eagle Road and the R-3 (Residential) zone to the east since this development
will be required to install landscaping to mitigate the effects of roadway noise
upon the site as well as to screen parked vehicles from the view of passing
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vehicles and pedestrians, and from the view of the residences on the east side of
Eagle Road;
g. Upon determination by the Flood Control Administrator that the land is located
within a "Hazard Area" or "Special Area" as described within the Comprehensive
Plan, the land may be subject to compliance with the requirements of Eagle City
Code Title 10 "Flood Control", and the requirements of Title 9; and
h. No non-conforming uses are expected to be created with this rezone, since the
entire garage/shop building (which extends into the minimum 7.5-foot side
setback) is required to be removed, prior to the City adopting a rezone ordinance.
DATED this 9th day of December 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
A TTES :
~ CiA-<.L- ~- ~ ~
Sharon K. Moore, Eagle City CI rk
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