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Findings - PZ - 2003 - RZ-3-03 - Rezone From R4 To Mu-Da/2.9 Acre/813 N.Eagle Rd. , ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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 Planning and Zoning Commission for their recommendation on August 4, 2003, at which time public testimony was taken and the public hearing was closed. 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: 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. APPLICATION 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. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (none) E. COMPANION APPLICATIONS: (none) Page 1 of 8 KIPlanning DeptlEagle Applications\RZ&AI2003IRZ-O3-03 pzfdoc 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, TDA 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. 1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See attached justification letter date stamped by the City on June 16, 2003, provided by the applicant's representative. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See attached justification letter date stamped by the City on June 16, 2003, provided by the applicant's representative. K. AVAILABILITY 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 pennits on the site. L. PUBLIC USES SHOWN ON FUTURE ACQUISmONS MAP: No map currently exists. Page 2 of 8 K:\Planning DeptlEagle ApplicationsIRZ&A\2003\RZ-O3'()3 pzfdoc A. B. 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-confonning use of the property. 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 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, ill 83616, date stamped by the City on July 17, 2003. Letter from Cliff and Jane Chambers, 749 North Eagle Road, Eagle, ill 83616, date stamped by the City on July 23,2003. STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: 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 pennitted. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for development agreements): Purpose: Development agreements are a discretionary tool to be used by the Page 3 of 8 K;lPlanning DeptlEagle ApplicationslRZ&A\20031RZ-O3-03 pzf.doc 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 confonnance with the "Conditions of Development" stated herein. 2.2 Nursing Home (Senior Assisted Living Facility) shall be the only use pennitted. 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. 2A 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 pennits 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 Page 4 of 8 KIPlanning DeptlEagle Applications\RZ&A\200J\RZ-OJ-OJ pzrdoc of the Design Review prior to issuance of a certificate of occupancy. 2.6 Landscape buffering and siting ofthe 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 pennit for this site. STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT: Based upon the infonnation 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. Page 5 of 8 K:\Planning Dept\Eagle ApplicationslRZ&A\20031RZ-O3-03 pzfdoc 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 the following staff recommended conditions with strikethrough text to be deleted by the Commission and underlined text to be added by the Commission to be included within the development agreement for this site: 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 confonnance with the "Conditions of Development" stated herein. 2.2 Nursing Home (Senior Assisted Living Facility) shall be the only use pennitted. 2.3 The Applicant shall remove any pørtion of the entire garage/shop whieh exooHds iatø the required 7.5 foot side setBaek Ofl the so1:Khem Boundary 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. 2A 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 pennits for the site. The access shall be paved a minimum twenty-four feet (24') wide, and designed and constructed to 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 fonn 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 Page 6 of 8 K:\Planning DeptlEagle Applications\RZ&A\20031RZ-O3-03 pzfdo<: 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 floodplain development permit application. the Applicant shall contact the Floodplain Administrator for an on-site visit to determine the effects or disturbances to the floodplain that mav have occurred due to the installation of fill material or other construction activity on 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 pennit for this site. 2.13 All drainage and stonn water shall be retained on-site. with special consideration given to not contributing to existing drainage conditions on the Hinshaw property to the north of this site. 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 Applicant shall submit to the City Engineer for review and approval. plans detailing the relocation and tiling of any irrigation ditch or facilities located on the site. The plans shall detail how downstream use (specifically the Hinshaw parcel to the north) will not be impeded and continuous use will be provided. CONCLUSIONS OF LAW: 1. 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. 3. The Commission 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 infonnation 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 infonnation 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 Page 7 of 8 K:IPlanning DeptlEagle Applicatio",IRZ&A\2003IRZ-O3-03 pzf.doc 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 development which is the subject of this application; 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 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 vehicles and pedestrians, and from the view of the residences on the east side of Eagle Road; g. Upon detennination 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 comply with the requirements of Eagle City Code Title 10 "Flood Control", and the requirements of Title 9; and h. No non-confonning 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) will be required to be removed, prior to the City adopting a rezone ordinance. 4. Members of the Commission commented that this site is appropriate for the development of a Senior Assisted Living Facility and is consistent with the goals and objectives of the comprehensive plan. DATED this 18th day of August 2003. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~- ¿c~ &~ Steve Deckers, Chalnnan "~"~I """'" ~..." ~ OF 11 """ ~.. ..'\~ ......."" 0 ~, I v.... .... '.( ~ ~ . ORPOR-1 . ~ ~ ~ I (¡ -^--.'. ~ : * : v' \ : . . .'..- . . : . .*: : \-=? "'. - - .~ :: ~ ø. ."~r' . , ó.'" :: ~ ':>. ..~. '" '." ~ .""',. "",0':- ~" "1 ) " ." '",,;,',: ...." ',~(:.,.'il""" "". -.' .~.." "",.....,., ATTEST: , ~ . . V 'Î'V1 ( 9-ð4<. Sharon. Moore, Eagle City él~rk Page 8 of 8 K:\Planning DeptlEagle Applications\RZ&A12003\RZ.O3-03 pzfdoc