Findings - PZ - 1993 - CUP - Construct Mini Storage On 13.58 Acres/Phased Over 2-3 Years
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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)
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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
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received in the City Clerk's office from those entities.
responses are as follows:
Those
RESPONSES RECEIVED 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,
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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 genera I
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 excess i ve
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
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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
condi tions, 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.
8-7-3-5-0: 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-l: DESIGN REVIEW OVERLAY DISTRICT
PURPOSE AND GOALS:
A.
PURPOSE:
The general opinion of the business community of the
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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
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redwood, rough sawn or milled board or concrete
2. Materials with review: 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 ?re 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
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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-I0: 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
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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
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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
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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.
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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.
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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)
(8-3-5.1-1)
13. Will have at least a six foot high sight obscuring fence along
the property lines that adjoin a residence. (B-3-5.I-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 an
Eagle, Idaho this ~ day of
APPROVED:
Zoning CqmmJ~p.ion of the City of
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CITY CLERK
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