Findings - PZ - 2021 - RZ-13-21 - Primary Health BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM BP(BUSINESS PARK)TO C-1-DA )
(NEIGHBORHOOD BUSINESS DISTRICT WITH A )
DEVELOPMENT AGREEMENT)FOR )
RUDEEN ARCHITECTS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-13-21
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on September 20, 2021. The Eagle Planning and Zoning 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:
Rudeen Architects, represented by Stephanie Hopkins with KM Engineering, is requesting a
rezone from BP(Business Park)to C-1-DA (Neighborhood Business District with a development
agreement) to establish "medical office" as a permitted use. The 1.03-acre site is located on the
south side of East McGrath Road approximately 380-feet southeast of the intersection of East
McGrath Road and East State Street at 1895 East McGrath Road.
B. APPLICATION SUBMITTAL:
A neighborhood meeting was held via web conference at 6:00 PM, Tuesday, May 25, 2021, in
compliance with the application submittal requirements of Eagle City Code. The application for
this item was received by the City of Eagle on August 01,2021.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on August 17, 2021, in accordance with the
requirements of the Eagle City Code. 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 August 31, 2021. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on August 30, 2021. The site was posted in accordance with
the Eagle City Code on September 07,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive within.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use BP(Business Park) Light Industrial
Proposed Mixed Use C-1-DA(Neighborhood Medical Office
Business District with a
development agreement)
North of site Mixed Use BP(Business Park) Manufactured Home
Community
South of site Mixed Use MU(Mixed Use) Mixed Use Commercial
Development
East of site Mixed Use BP(Business Park) Manufactured Home
Community
West of site Commercial C-2-DA(General Business Undeveloped
District with a
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 1.03-acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on August 01,2021.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter, date stamped by the City on August 01,2021.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by the Eagle Police Department, Eagle Fire Department, and Eagle
Sewer District. The property is located within a certificated area for water service provided by
Eagle Water Company.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
M. NON-CONFORMING USES:
The existing light industrial use on the property(Contractor's yard) is a non-conforming use. The
existing use is conditioned to be removed within the development agreement.
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N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Trails and Pathways Superintendent
Ada County Highway District
Eagle Fire Department
Eagle Sewer
O. LETTERS FROM THE PUBLIC:None received to date.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING 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 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be
determined on a site by site basis. Uses should complement and not take away from downtown
Eagle. Development within this land use designation should be required to proceed through the
PUD and/or development agreement process. See the planning area text for a complete
description of site specific uses.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
State Highway 44 Scenic Corridor that is to provide increased setbacks and buffering of
development including natural vegetation and restoration,regional trails and connectivity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
Office, Medical and Dental: A facility for a group of one (1) or more physicians for the
examination and treatment of human patients, primarily engaged in furnishing, on an
outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to
individuals. Patients are not kept overnight. Ancillary laboratory facilities may be included.
• Eagle City Code Section 8-2-1: Districts Established Purposes and Restrictions:
C-1 NEIGHBORHOOD BUSINESS DISTRICT:
To permit the establishment of convenience business uses which tend to meet the daily needs
of the residents of an immediate neighborhood while establishing development standards that
prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically
appropriate for small shopping clusters or integrated shopping centers located within
residential neighborhoods.
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• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Office, Medical and Dental is a permitted use within the C-1 (Neighborhood Business)
zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E* Maximum Minimum Minimum
Lot Lot Area Lot
Zoning Maximum Interior Street Covered (Square Width I*
District Height Front Rear Side Side F And J* ' Feet)H*
C-1 35' 15' 0' 0' 10' 50% j 2,000 25'
• Eagle City Code Section 8-4-4-6: Bicycle Parking:
One bicycle parking space within an approved rack shall be required for each thirty (30)
required automobile parking spaces or fraction thereof for office and commercial
developments. Multi-family residential developments shall provide one bicycle rack space
per each ten(10)units. Bicycle parking racks shall be in a well-lit area and shall be designed
in accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual For
Ada County" as prepared for the Ada County highway district with the exception that bicycle
racks do not have to be covered unless required by the design review board, or planning and
zoning commission or city council. (Ord. 309, 1-27-1998)
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Offices,Medical and Dental 1 per 250 square feet of gross floor
area
• Eagle City Code Section 8-10-1: Development Agreement: Requirements and Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
D. DISCUSSION (Based on the site plan received by the City on August 01, 2021):
• The applicant has submitted a site plan(A1.01) showing the proposed construction of a 6,340
square foot medical office. Access to the proposed facility is taken from East McGrath Road
by three(3)drive entries that provide access to two(2)parking areas.
• The provided site plan(A1.01) shows a 6,340 square foot building which, as designed, would
require thirty-two (32) vehicular parking spaces (ECC Section 8-4-5) and two (2) bicycle
parking spaces (ECC Section 8-4-4-6). The site plan, as proposed, provides thirty-seven(37)
vehicular parking stalls and four (4) bicycle parking spaces which meets and exceeds the
minimum code requirements,respectively.
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• The Eagle Fire Department provided a summary of their review in a letter dated August 26,
2021. Within their response letter, the Eagle Fire Department indicated that the west parking
lot exceeds 150-feet in length and terminates in a dead end; access that exceeds 150-feet and
terminates in a dead end requires a fire department turnaround. The applicant should work
with the Eagle Fire Department to gain approval by meeting all conditions and regulations
while still meeting the City of Eagle's minimum parking requirements, as stated above, prior
to the submittal of a design review application.
• The C-1 (Neighborhood Business) zoning district is intended to permit the establishment of
convenience-based business uses which meet the daily needs of the residents of an immediate
neighborhood while also establishing development standards that prevent adverse effects on
adjacent residential uses. The proposed development is in close proximity to both developing
and established residential neighborhoods.
It should also be emphasized that the design review process will play a vital role in assuring
that the development is built with a common theme among the structures and landscaping.
The applicant has not submitted building elevations or plans, site design details, cutsheets, or
a proposed landscape plan, but will be required to do so at the submittal of their design
review application.
• The applicant is requesting a C-1-DA (Neighborhood Commercial with a development
agreement) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following
setbacks are required within the C-1 (Neighborhood Business)zoning designation:
• The setbacks, lot coverage, and building height requirements shall be as follows:
Front(north) 15-feet
Rear(south) 10-feet (street side)
Interior Side(west) 0-feet
Interior Side(east) 0-feet
Maximum Lot Coverage 50%
Maximum building height 35-feet(any exceptions to the maximum height requires
a conditional use permit)
The submitted site plan reflects a front street side setback (East McGrath Road) in excess of
the required 20-feet and a rear street setback (at State Highway 44) in excess of the required
20-feet.
• To allow for the future installation of municipal fiber-optic cable, the applicant should be
required to install two (2) one inch and a quarter (1 1/4") fiber-optic conduit lines along both
sides of all public streets. Upon completion of the installation of the municipal fiber-optic
conduit lines, the applicant should provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS
coordinates provided, and the fiber-optic conduit lines should be dedicated to the City prior to
the issuance of a zoning certificate.
• The subject property currently contains two(2) structures, existing fencing, and the storage of
numerous vehicles and trailers. The structures, fencing, and vehicles should be completely
removed from the subject property no later than April 01, 2022.
• The applicant has worked with the City of Eagle's Trails & Pathways superintendent
regarding the design and inclusion of a section of the City's pathway system adjacent to the
south boundary of the site adjacent to State Highway 44 and will implement a 10-foot-wide
walking path within an 18-foot-wide pathway easement that will run in perpetuity. However,
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there is a portion of the 10-foot-wide proposed walking path within the southwest corner of
the property (adjacent to the terminus of the westerly parking lot) that is not included within
the 18-foot-wide easement. The applicant shall provide a revised easement that includes the
aforementioned area prior to the issuance of building a permit.
• The applicant has not submitted drawings that include information regarding the proposed
architecture, site grading or drainage, lighting, landscape improvements, or signage. The
applicant should be required to submit the necessary applications associated with the building
architecture, materiality, site lighting, landscape design, site drainage,the trash enclosure and
proposed signage for design review approval. The design review applications should be
reviewed and approved by the Design Review Board and City Council prior to the issuance of
a zoning certificate.
• The subject property is located adjacent to the State Highway 44 right-of-way at its southerly
property line. The provided site plan (A1.01) states that landscaping for the subject property
is to be provided through a future plan but does not state that there is any provided landscape
within the adjacent State Highway 44 right-of-way. To further enhance the appearance of the
subject property from the adjacent highway corridor, the applicant should include additional
landscape treatment including sodded turf and irrigation from the southerly property line to
within 9-feet of the paved surface of State Highway 44 to the south.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 20, 2021, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was provided to the Planning and Zoning Commission by
no one(not including the applicant).
C. Oral testimony in opposition to the application was provided to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information provided by
staff and the testimony provided.
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommended approval of RZ-13-21 for a rezone from
BP(Business Park)to C-1-DA (Neighborhood Business District with a development agreement)with the
following staff recommended conditions to be placed within a development agreement with underline text
to be added by the Commission and strike through text to be deleted by the Commission:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the Owner will submit such applications regarding floodplain
development permit review, preliminary and final plat reviews, and/or any conditional use
permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
made except as otherwise provided with this Agreement. •
3.2 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves,the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
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required by the City.
3.3 "Office, Medical and Dental," as defined in Eagle City Code section 8-1-2, is the only approved
use for the Property. Any change of use will require a modification to the Development
Agreement prior to the change of use.
3.4 The applicant shall revise the proposed site plan to comply with review comments provided by
Eagle Fire Department in a letter dated August 26, 2021, regarding the length and terminus of the
proposed westerly parking lot. The applicant shall ensure the revised parking lot remains in
compliance with Eagle City Code Section 8-4-5 upon any re-design of the parking lot. The
applicant shall submit Eagle Fire Department approval of the parking lot prior to submittal of a
design review application.
3.5 The setbacks, lot coverage, and building height requirements shall be as follows:
Front(north) 20-15-feet(street side)
Rear(south) 2-0-10-feet(street side)
Interior Side(west) -1-00-feet
Interior Side(east) 4-9 0-feet
Maximum Lot Coverage 50%
Maximum building height 35-feet (any exceptions to the maximum height requires a
conditional use permit)
The applicant shall submit a revised site plan specifying the dimensions as indicated.
3.6 Owner shall provide a property use and common area maintenance agreement "Agreement"
containing conditions, covenants and restrictions for the Property which shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
pressurized irrigation facilities, sidewalks, pathways, parking lots and amenities. The repair
and maintenance requirement shall run with the land and that the requirement cannot be
modified and that the Agreement cannot be dissolved without the express consent of the
city.
(b) A requirement that all common landscaped areas are to be privately owned but shall be
described in and subject to a reciprocal easement allowing for common use by all property
owners within the development. The Agreement shall provide that a designated property
owner or group (i.e. business owner's association) shall have the duty to maintain and
operate all the landscaped areas in a competent and attractive manner, including watering,
mowing, fertilizing and caring for shrubs and trees in accordance with Eagle City Code, in
perpetuity.
3.7 Owner shall landscape and maintain the area located along East McGrath Road between the back-
of-curb and the sidewalk. The landscape plan shall be reviewed and approved by the Design
Review Board and the City Council prior to installation of the landscaping. The Owner shall
provide a recorded copy of the ACHD license agreement associated with the landscaping located
within the right-of-way area. The landscaping shall be installed prior to the issuance of a
certificate of occupancy for the proposed medical office.
3.8 Owner shall landscape and maintain the area between the southern property line to within 9-feet
of the paved surface of State Highway 44. The landscape plan shall consist of sodded turf and be
reviewed and approved by the Design Review Board and the City Council prior to installation of
the landscaping. The Owner shall provide a recorded copy of the ITD license agreement
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associated with the landscaping located within the right-of-way area. The landscaping shall be
installed prior to the issuance of a certificate of occupancy for the proposed medical office.
3.9 The subject 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. The owner shall provide proof of central sewer service to the
proposed commercial uses. A letter of approval shall be provided to the City from the Idaho
Department of Health and Welfare, Department of Environmental Quality, and/or Central District
Health,prior to issuance of any building permits.
3.10 The medical office shall be connected to central water service prior to the issuance of a zoning
certificate.
3.11 To allow for the future installation of municipal fiber-optic cable, the applicant shall be required
to install two (2) one inch and a quarter (1 1/4") fiber-optic conduit lines along the south side of
East McGrath Road. Prior to the installation of the municipal fiber-optic conduit lines, a formal
plan shall be submitted to the City for review and approval and shall include location and
specifications. Upon approval of the plan and subsequent completion of the installation of the
municipal fiber-optic conduit lines,the applicant shall provide GIS coordinates of the locations of
the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed,
GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to
the issuance of a zoning certificate of occupancy.
3.12 All traffic associated with the construction of the medical facility shall take access from East
McGrath Road only. Construction access from State Highway 44 is prohibited.
3.13 All existing structures, fencing, and vehicles/trailers shall be removed from the subject property
no later than April June 01, 2022.
3.14 Owner shall complete the Design Review process 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 building permit.
3.15 Owner shall submit a design review application for the Property that is being developed showing
at a minimum the following as applicable: 1) proposed development signage and locations, 2)
planting plans, details, and specifications within the proposed and required landscape islands and
all common areas throughout the development, 3) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of any
irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters,
benches, gazebos, bike racks, and/or similar amenities, 7) design of ponds (if any) to be
constructed in reference to mosquito abatement. The design review application shall be reviewed
and approved by the Eagle Design Review Board prior to commencing construction of the
applicable structure(s).
3.16 A detailed request regarding the proposed location, number, size and architectural style of
signage shall be submitted with the Design Review application.
3.17 Owner shall place 4'x8' signs containing information regarding the proposed development. The
information signs shall be located along each roadway that is adjacent to the Property. The
information signs shall be located on the Property outside of the public right-of-way and remain
clearly visible from the roadway. The information signs shall be reviewed and approved by staff
prior to installation of the signs.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 01, 2021.
2. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-13-21)
in terms Eagle City Code Section 8-7-5(F)(1)"Action by the Commission and Council"and has made
the following conclusions with regard to the proposed rezone:
a) The requested zoning designation of C-1-DA (Neighborhood Business District with a
development agreement) is consistent with the designation of Mixed Use 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
all uses allowed on this property under the proposed zone;
c) The proposed C-1-DA (Neighborhood Business District with a development agreement) is
compatible with the BP(Business Park) land use to the north since that area is currently occupied
by residential uses and a medical facility would be of beneficial use to the residents. The land use
to the north is separated from the subject property by East McGrath Road, and;
d) The proposed C-1-DA (Neighborhood Business District with a development agreement) is
compatible with the MU (Mixed Use) zone and land use to the south since that area contains
commercial development that would be complementary in nature to the subject property. The
land use to the south is separated from the subject property by State Highway 44, and;
e) The proposed C-1-DA (Neighborhood Business District with a development agreement) is
compatible with the C-2-DA (General Business District) land use to the west since that area will
be developed with commercial development that would be complementary in nature to the subject
property,and;
0 The proposed C-1-DA (Neighborhood Business District with a development agreement) is
compatible with the BP (Business Park) zone and land use to the east since is currently occupied
by residential uses and a medical facility would be of beneficial use to the residents. The land use
to the north is separated from the subject property from East McGrath Road, and;
g) The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h) As stated in the Development Agreement, the applicant will remove all existing structures on the
site. Therefore,no non-conforming uses will be created with this rezone.
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DATED this 4th day of October,2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
.Z171-4_,±)
Trent Wright, Chairman
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Tracy E. rn, City Clerk •p
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