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Findings - PZ - 1994 - CUP for Public Storage - 13 Unit Mini Storage/4 Open Rv Storage/2-3 Year Bu ~ CITY OF EAGLE IN THE MATTER OF ) AN APPLICATION FOR) PUBLIC STORAGE OF EAGLE) AN APPLICATION FOR) A CONDITIONAL USE) PERMIT ) BY SHIRLEY ZAKOVICS AND) CITY DEVELOPMENT) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On February 7, 1993, Pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Cornell Larson, Project Architect, presented the project for Shirley Zakvoics and City Development, the applicants, before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho. The applicant is requesting approval for a Conditional Use Permit to construct a Mini Storage Unit development on 13.58 acres, for 13 covered storage buildings and 4 RV open storage areas. This project includes an office residence, 6 ft. fencing of the entire property, off white metal buildings and roofing. This project will be phased starting with the first 5 units, then 2 more phases and finally the outside portion of the project. The total phase-out is an estimated 2 to 3 years. This project is located on SH 55 between State St. and Hill Rd., and is zoned C2. A Conditional Use Permit is required in a C2 designated area when there is a fenced in and outdoor storage included in the application. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. On February 7, 1994, a public hearing was conducted by the Eagle Planning and zoning Commission. Testimony was presented by neighborhood property owners. There was opposing testimony given by Ken J. Patten, Jerry Mohlenar and Bill Cohen. Concerns were expressed about property values, drainage run off problems, no traffic study, screening between residential-commercial. 2. The records in this matter indicate all notices, and publications have occurred as required by law. The records further reflect notice of the public hearing was sent to the appropriate public and private entities with responses to the proposal being 1 --------- ------- --- ---- - -- .-------- --- -~---~----------- ---------- ------- ------------------------- u -- --------- --- ----- - ____m_- received in the City Clerk's office from those entities. responses are as follows: Those RE5PÒN5ES REëElvED FROM ENTITIES: CENTRAL DISTRICT HEALTH: If a stormwater disposal system is proposed review by IDWR is required. The stormwater system shall not contaminate groundwater. EAGLE WATER CO: The Company will provide water service to the above property under it's rules and regulations as provided for by the Idaho Public Utilities Commission. EAGLE SEWER DIST: This area is within the District's Planning Area, but is not annexed. There are no sewer Lines. This area may be subject to high groundwater especially during the irrigation season. A decision regarding a septic system would be under the jurisdiction of Central District Health. ITD: Regarding landscaping: the right of way with a protection ITD does not require landscaping upon private property adjacent to highway right of way. to reseed all disturbed areas within native grass seed mix for erosion 3. The standards used in evaluating the application are in the following sections of the Eagle City Code. OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT A. Uses allowable with conditions and subject to ability of political subdivisions to provide services. B. Notice procedures apply (ISC 67-6509) C. Can be tied to ability of political subdivisions to provide services. Sequence, timing, duration, maintenance; can require site-specific conditions. D. May require that studies be conducted E. Transferable from owner but not from parcel. PRACTICAL POINTERS The special use permit procedure allows a zoning ordinance to address uses which are conditionally acceptable in the midst of a land use zone. The special use procedure allows the application of special conditions to development of uses which would allow them to integrate suitably with their surroundings by including the conditions which re susceptible to special use approval, a permit applicant is put on notice of what design features should be considered and might be applied as conditions. Some of those considerations might be restrictions on lighting, landscaping requirements, limits on building height or placement, 2 - --------~--~-_.._- ------ ---~--- - -------------~-----~----- ------u- -- -- ----n_- design considerations. It may be appropriate to require applicants for a special use permit to conduct special studies and to provide additional analysis beyond that normally required of a permit applicant before a permit can be favorably considered. Special use permits do not create binding precedent and are very site specific in that certain uses can be integrated suitably into certain sites better than others. Accordingly, special use permits are not transferable from one site to another, but do continue from one owner to another. Special use permits can be implemented to time certain, or within a certain time frame. 8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this Title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this Title; C. Will be designed constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existent or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer an schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. will not create excessive additional requirements at public cost for public facilities and services and will not b detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and J. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8-7-3-3 Public following: Sites and open spaces: shall conform to the 3 A. Public Uses B. Natural Features C. Special Developments 8-7-3-4: Supplementary conditions and safeguards: In granting and CUP the Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the CUP is granted, shall be deemed a violation of this Title. 8-7-3-5: CONDITIONAL USE PERMITS 8-7-3-5-C-2: Upon granting or denying a CUP specify: a. the ordinance and standards used in evaluating the application; b. the reasons for approval or denial; and c. the actions, if any, that the applicant could take to obtain a permit. 8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions may be attached to said permit including, but not limited to, the following: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or service; and 7. Requiring more restrictive standards than those generally required in this Title 8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one parcel to another. (D) A CUP shall not be considered as establishing a binding precedent to grant other CUP. 8-2-3 Official Schedule of District Regulations note:***The principle use is Storage - enclosed and outdoor 8-2A-1: DESIGN REVIEW OVERLAY DISTRICT PURPOSE AND GOALS: A. PURPOSE: The general opinion of the business community of the 4 City is that this plan would increase the economy of the City. Perhaps far more important, however, is that the City would be a more attractive place both to live and to shop. The element of beauty and pride is an overriding factor in this Design Review Overlay District. The purpose of a Design Review Overlay District is to: 1. Recognize the interdependence of land values and esthetics and to provide a method by which the City may implement this interdependence to its benefit. 2. Encourage development of private property in harmony with the desired character of the City and in conformance with the guidelines herein provided with due regard to the public and private interests involved. 3. Goals: The general theme of the DR District is to encourage the use of American, Northwest and 1880 through 1930 architectural styles and the use of those materials, graphics and architectural designs set forth in Section 8-A-7 of this Article. 8-2A-3: The Design Review Overlay District shall encompass all limited office, business and manufacturing districts. 8-2A-5: Application 8-2A-6: Administrative Standards: 1. Overall mass as well as parts of any structure 2. A limited palette of colors 3. A limited number of materials on the exterior face of the building 4. Avoidance of repetition of identical entities when possible 5. Site layout, orientation and location of structures and relationship to one another and to open spaces and topography, definition of pedestrian and vehicle areas, sidewalks as distinct from parking lot areas 6. Location and type of planting 7. Design and appropriateness of signs as well as exterior lighting and where subject to control of overhead utility lines. 8. Harmony of material, colors and composition of those sides of a structure which are visible simultaneously 9. The effect of the site development plan in relation to the adequacy of the storm and surface water drainage proposals. 8-2A-7: MATERIALS AND DESIGNS: 1. Materials: wood board and bat, logs, brick, cedar or 5 redwood, rough sawn or milled board or concrete 2. Materials with revie~: rock and stone, stucco, horizontal wood drop siding, cedar shingles and concrete 3. Materials not allowed: plywood sidings, metal sidings 4. Colors: earthen tones are encouraged 5. Colors: flat or low gloss finishes are encouraged 8-2A-7.D Signs A. May be painted directly on the facade of the building- B. Free hanging signboards, attached under covered porches or canopies are permitted, but no such sign may exceed 3 sq. ft nor shall any such sign extend beyond the porch or canopy to which it is attached C. Exterior lighted sign no more than 20% of any sign's exposed surface area shall advertise a brand name product D. Total perimeter area of any sign attached to or painted on a facade of a building shall not exceed 15% of the area of the facade to which it is attached or painted.------ pylon, detached street signs or pole signs: 1. A shopping center, shall be permitted to construct, erect and maintain one pylon, detached street sign or individual pole sign to identify the center. The height of any such sign including the pylon to which it is attached, shall not exceed 30 ft. The surface area of any such sign shall not exceed one hundred sq. ft. per exposed surface, including any readerboard sign or surface. A double faced pylon, detached street sign or individual pole sign is permitted 2. An individual business not in a developed shopping center shall be permitted to construct, erect and maintain one pylon or detached street sign to identify the business to which it pertains. The height of any such sign, including the pylon to which it is attached, shall not exceed 20 ft. The exposed surface area of any such sign shall not exceed 50 sq. ft per exposed surface. A double faced pylon, detached street sign or individual pole sign is permitted. INTERIOR ILLUMINATED SIGNS are discouraged, but may be permitted on a limited basis by special review of the Design Review Board. Illuminated signs shall not exceed 25% of the area of an otherwise permitted non interior illuminated sign, backgrounds should be opaque; with only copy areas illuminated, illumination shall not exceed that which could be achieved by using 430 mill-ampere fluorescent lighting 6 No product advertising or readerboard signage may be interior illuminated No flashing or moving signage will be permitted PROHIBITED SIGNS: A. Moving, revolving, intermittent or oscillating signs, flashing and exposed bulb signs B. Portable interior lighted exterior signs C. Roof signs or wall signs that extend above the parapet wall D. Readerboard signs in excess of 20 sq. ft. LANDSCAPING: 1. Planting of street trees will be required where public right of way space permits. These trees will be a variety indicated by the City and will be planted in a container or planting well. 2. Additional landscaping will be required for new construction and shall cover a minimum of 5% of the portion of the building site. Exception to the 5% may be granted for unique designs 3. Automatic sprinkling systems 4. Detailed landscaping plan, indicating the names of all planting material plus their size at the time of planting, will be submitted for review prior to issuance of permit 5. Landscaping in parking areas will be designed to achieve as much screening as possible by the use of trees, large shrubs, hedges, fences, berms and similar features 8-2A-10: TIME LIMIT FOR INITIATION OF DEVELOPMENT: Any approval of the City Council given pursuant to the provisions of this Article shall lapse and become null and void 6 months following the date on which it was given. PERFORMANCE STANDARDS 8-3-2 (D): Enclosed Trash Areas: all trash and/or garbage collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least 3 sides by a solid wall or fence of at least 4 ft in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Administrator shall be provided. 8-3-3(A): Visibility at intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a 7 height of two and one half and ten ft (2 1/2 and 10 ft) above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right-of-way lines twenty five feet(25ft) from the point of intersection. 8-3-3-(D): Side and Rear Yards for Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40ft) to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Council is provided. Such screening shall be a masonry or solid fence between four and eight ft. (4 ft to 8 ft) in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20ft) in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4ft) in height at the time of planting. COMMERCIAL AND INDUSTRIAL USE RESTRICTED: 8-3-4 8-3-4 (A): Performance Requirements: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except, that any case permitted by this Title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: 1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC and the National Safety Foundation publications. 2. Radioactivity or Electrical Disturbance 3. Noise: Objectionable noise, as determined by the administrator, which is due to volume, frequency or beat shall be muffled or otherwise controlled. 4. Vibration: no vibration shall be permitted which is discernible without instruments on any adjoining lot or property. 5. Air Pollution 8 6. Glare 7. Erosion 8. Water pollution 8-3-5 (F): Bulk Storage of Flammable Liquids and Gasses Above Ground and for Resale: 1. Will be located at least 500 Ft from a residential zone 2. Subject to the approval of the appropriate fire district 3. Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the appropriate fire dist. (N): Outdoor Storage of Commercial and Industrial Materials: 1. Will be screened from view from any existing, adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street 2. Will not be located in any front yard setback area 8-4-4-2 DESIGN AND MAINTENANCE A. Lighting: Any parking area which is intended to be used during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property. B. Access: Any parking area shall be designed in such a manner that any vehicle entering the parking area from or onto a public or private street shall be traveling in a forward motion. C. Stripping: All parking areas with a capacity over twelve (12) vehicles shall be stripped with double lines (six inches both sides of center) between stalls to facilitate the movement into and out of the parking stalls D. Screening and/or Landscaping: Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence or planting screen. such fence, wall or planting screen shall be not less than 4' nor more than 6' in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. ---. CONCLUSION 9 The Commission concludes that the application for a Conditional Use Permit for Mini Storage Units in a fenced in area is consistent with the intent and purpose of the 1993 Eagle Comprehensive Plan and Eagle City Codes, specifically Eagle City Code 8-2-3, and 8-7- 3-5. The zoning designation is in accordance with the Eagle Comprehensive Plan and serves the welfare of the general public, and is in the public interest. The proposed development is appropriate and follows the orderly development of the City and protects the health, safety and welfare outlined in the 1993 comprehensive plan. There is adequate evidence showing that this development, at the proposed location, satisfies the general standards for approval of Ecc 8-7-3-5: Conditional Use Permits. The development, if the conditions attached are met, will promote public welfare, safety and provides for harmonious development. This project will provide adequate water and sewer services through individual wells, and an approved septic system. (9-4-1.9) Granting of the application will not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code or Eagle Comprehensive Plan, with the conditions recommended by the Eagle Planning and Zoning Commission; RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application for a Conditional Use Permit to construct a Mini Storage project with fenced in storage be approved, subject to the following conditions: 1. Both the applicant and Ken Patton agreeing on the screening/berming of the property on the North side and report back to the City Clerk. The City Clerk will enter the information into the Findings of Fact and Conclusions of Law to be presented to the Commissioners at the meeting of February 28, 1994. This decision is subject to a legal opinion on this motion. NOTE: The City Attorney was consulted on condition #1 and recommended the condition be modified to read that the developer and the adjacent property owner work together toward a common goal, but that the application should not be conditioned on a property owner's resolving the issue, but continue through the process and referred to Council for decision. 2. A chain link fence and arborvitae between the commercial and residence is required. 3. That the residence/office be flipped from the front North side of the property to the front South side of the property. 10 4. Standard conditions as follows: CONDITIONS OF APPROVAL 1. Developer and/or owner shall comply with all requirements of Ada County Highway District or the State of Idaho Transportation Dept., including approval of the drainage plan, requirements for installing curb, gutter, sidewalks specified by the Ada County Highway District. 2. All permits from Central District Health, Eagle Sewer District, water facilities & Eagle Fire District, shall be secured prior to issuance of permits. (Eagle Fire Dist required to approve building plans on commercial buildings) 3. A letter from the fire department is required stating "the developer and/or owner has made arrangements to comply with all requirements of the Fire Department" Eagle Fire Department shall check off and approve all fire hydrant locations, Minimum flow per hydrant shall be designated by the UFC for commercial dwellings. Eagle Fire Department shall check off and approve the fire protection system prior to issuance of a building permit. 4. All trash areas are to be enclosed (ECC 8-3-2.D) 5. Shall meet all Design Review provisions regarding signs, landscaping and exterior design 6. Parking area: shall be improved with such material to provide a durable and dust free surface, and shall be maintained in good condition without holes and free of all dust, trash and other debris. (8-4-3) 7. Parking area light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. all construction shall comply with the City specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 8. Access: Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. 9. Handicapped parking shall be clearly marked with designated signs. 11 10. One parking space for each 400 sq. ft of office area required. There shall be one handicapped space to each 6 parking spaces. 11. All entrances, exits and restrooms shall be meet handicap code requirements (UBC) 12. (Unique land uses) (8-3-5.I-1) 13. Will have at least a six foot high sight obscuring fence along the property lines that adjoin a residence. (8-3-5.1-2) 14. The City Parks Committee shall review and approve all landscaping applications required for the landscaped areas and planting areas, including trees and shrubs. The Committee shall oversee such development for planting and welfare of trees, shrubs and other vegetation on all commercial development. 15. Striping: all parking areas with a capacity over (12) vehicles shall be stripped with double lines ( six inches both sides of center) between stalls to facilitate the movement into and out of the parking areas. 16. All building plans must be in compliance with the Uniform Building Code (UBC) and approved by the Eagle Building Inspector prior to beginning of the project. 17. All commercial building plans must be approved by the Fire District, and Eagle Sewer District. 18. Any demolition of existing buildings on the property require a permit from the City of Eagle prior to demolition. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this ~ day of February, 1994. N .. '~.:., - "-., ",- , 12 THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding the Public Storage of Eagle, a Conditional Use Permit application, adopted by the Eagle Planning and Zoning on February 28, 1994, are hereby adopted by the Eagle City Council with the following modifications and conditions: 3. All conditions of approval submitted by staff must be met Submittal of a letter from Eagle Fire District eliminating their concerns about fire flow output The agreement signed by the developer and neighbor will be honored, with a chain link fence complete with slats, arborvitae and a 200 ft. block wall The landscaping requirements and recommendations of P&Z must be met. 1. 2. 4. DATED this 12 day of April , 1994 Ad' ~~\~ t~~:Rur~'-,ri 0 PPFo)ve /::""',::è,', 0 --./\" C') \ '0 g ~r., ,;-'" 1.: . ~4'~~~Á';~'¡ ~~:;?\ /~;,"¡,) \:.~~:~~i~~- "f. " .' \..'"" f,¡'i~H.He$\ 13