Findings - PZ - 2005 - RZ-15-04 - Rz From Ar To Bp-Da/4.32 Acre Parcel/2835 East Hill Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
REZONE FROM A-R (AGRICULTURAL-RESIDENTIAL)
TO BP-DA (BUSINESS PARK WITH DEVELOPMENT PARK)
FOR GLENN MOSELL
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-15-04
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on February 7, 2005, at which time 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:
Glenn Mosell, represented by The Land Group, Inc., is requesting a rezone from A-R
(Agricultural-Residential) to BP-DA (Business Park with Development Agreement) for
the construction of a self storage facility. The 4.32-acre parcel is located on the south side
of Hill Road approximately 240-feet east of State Highway 55 at 2835 East Hill Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 9, 2004.
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 January 3, 2005. 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 December 28, 2004. Requests for agencies' reviews were transmitted on
December 10, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E.
COMPANION APPLICATIONS: (none)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Business Park A-R (Agricultural-Residential) Single-family dwelling
Proposed No Change BP-DA (Business Park with Mini-storage facility
Development Agreement)
North of site Business Park BP (Business Park) Gravel extraction
South of site Business Park RUT (Rural Urban Transition - Single-family dwelling
Ada County designation)
East of site Business Park A-R (Agricultural-Residential) Single-family dwelling
West of site Commercial C-3-DA (Highway Business Single-family dwelling
District with Development
Agreement)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA, CEDA or DSDA.
H.
TOTAL ACREAGE OF SITE: 4.32-acres
I.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter (date stamped by the City on December 9, 2004) provided by the
applicant's representative is incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The justification letter (date stamped by the City on December 9, 2004) provided by the
applicant's representative is incorporated herein by reference.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received. The Eagle Sewer District states that the subject property would need to be
annexed into the District's service boundaries, and construction drawings approved, to
obtain central sewer service. A letter from the water utility that provides service to the site
will be required prior to the issuance of any building permits on the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES: None apparent on the site.
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N.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Business Park
Suitable primarily for the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and
be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare.
Such development should be operated entirely within enclosed structures and generate
minimal industrial traffic. Development within this land use designation should be required to
proceed through the PUD process.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 WAREHOUSING AND STORAGE:
Ministorage: Provision of storage space for household or commercial goods within an
enclosed building with direct public access to individual storage spaces. May include
vehicle storage to a maximum of twenty percent (20%) of the site. Where greater than
twenty percent (20%) of the site is allocated to vehicle storage, the vehicle storage must be
treated as a separate use.
.
ECC Section 8-2-1 BP BUSINESS PARK DISTRICT:
To encourage the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities including small scale
production, distribution and storage of goods. Support activities may also be permitted.
All development within this district shall be designed to be within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or
glare. Such development shall be operated entirely within enclosed structures, and
generate minimal industrial traffic. All development requiring a conditional use permit in
the BP zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of this
title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
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c.
adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the BP zoning district within section 8-2-3 of this chapter.
.
ECC Section 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
(40') 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 (4) and eight feet (8') 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 (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
.
ECC Section 8-1O-1{A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
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.
DISCUSSION:
.
Staff believes that a BP-DA (Business Park with development agreement) zoning designation
for this site is appropriate since the parcel is designated Business Park as shown on the City of
Eagle 2000 Comprehensive Plan Land Use Plan. Lands further to the south of this site are
either approved for Business Park zoning and development or are proposed for the same.
This site is compatible with the sites to the north and east since those sites are expected to
develop in a manner consistent with the Business Park designation as specified in the City of
Eagle 2000 Comprehensive Plan. And, this site is compatible with the zoning designation and
development proposed to the west since that site will have commercial uses that would be
considered more intensive than the mini-storage proposed for the subject site.
.
Eagle City Code requires that upon the development of a property and use that requires a
conditional use permit within the BP (Business Park) zoning district, the application must be
administered through the PUD and/or development agreement process. However, since this
site does not meet the minimum acreage requirement of ten (10) acres to qualify for a
development agreement, the conditional use process is to be utilized unless the proposed use is
shown as a permitted use in the BP zoning district within Section 8-2-3 of Eagle City Code.
However, because of the nature of this project, staff believes that the application should
proceed through the development agreement. A goal of the BP zoning district is to ensure that
new development is compatible with both existing and future development, to be located
within a landscaped setting, and be free of hazardous or objectionable elements such as noise,
odor, dust, smoke or glare. A second purpose is to ensure that properties come together in a
coordinated and well-balanced manner that promote a design character that is in keeping with
an intended theme of the City. While uses that are shown as permitted uses may have
previously been deemed acceptable in the BP zone (pursuant to the "Official Schedule of
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District Regulations"- ECC Section 8-2-3) the site may not grow in a synchronized manner
and an overall style of the development may be diminished. The development agreement
would establish a desired end result of the project at full build out to create a sustainable
development. Further, Eagle City Code states that development agreements allow a specific
project with a specific use to be developed on property that is conditional in the requested
zone. It may be considered that the development agreement will be equal to a conditional use
permit in that it allows for the City to set conditions that require that the development be built
in conformance with the previously discussed goals and objectives.
.
It should also be emphasized that the Design Review process will playa vital role in assuring
that as the development is built, a common theme among all the structures and landscaping
will be maintained. The applicant has submitted building elevations depicting the design of
the outer walls of the facility, which show features that are not typical of a mini-storage
facility. The majority of the wall faces are to be constructed with appurtenances, texture
variations, and false windows to alleviate the monoplane appearance of the long walls and to
provide a design character that will be more attuned to anticipated future land uses in the area.
Eagle City Code Section 8-3-3 (D) states that when a commercial use abuts a residential
district, the use shall not be located closer than forty-feet (40') to any lot line of the 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. The
applicant has shown on the site plan that the buildings are setback from the southern and
eastern property lines by ten-feet (10'). When considering a reduction in the minimum yard
requirements, the Council will review the screening methods used to justify the reduction,
which may include a fence and/or landscaping. It may be considered that because the entire
operation and activities of the facility are within a walled complex and landscaping will be
provided along the perimeter of said wall, the yard requirement reduction of 50% (20-feet)
may be warranted. Further, since the surrounding parcels are anticipated to be developed with
uses consistent with the Business Park zoning district (as shown on the City of Eagle 2000
Comprehensive Plan) a reduction to ten-feet (10') (as proposed by the applicant) may be
regarded as compatible with the surrounding areas (as a point of information, Eagle City Code
requires no minimum building setback from the side and rear lot lines in the BP zoning
district). Staff will defer to the Planning and Zoning Commission and the City Council
regarding this matter.
.
The applicant has submitted a conceptual drawing of the parcel showing the construction of a
mini-storage with a caretaker's quarters. The site is proposed to have access through one (1)
driveway on Hill Road, located approximately 400-feet east of the intersection of Hill Road
and State Highway 55. Upon the review of a development proposed for the parcel to the west
(RZ-6-99), it was determined that a cross access agreement was required for the eastern
boundary of that site since any driveway access to Hill Road would not meet the required
minimum offset of 220-feet from the intersection of Hill Road and State Highway 55. Further,
it was concluded that upon the development of the subject site, a reciprocal cross access would
be required with the parcel to the west to accommodate the right-in/right-out only driveway.
Since that time, ACHD has included in the District's Five Year Work Program a project to
improve and signalize the intersection of Hill Road and State Highway 55 and in the future, it
is anticipated that Hill Road will be widened to include a median strip. Because of these
measures, ACHD will not require the mini-storage facility to provide cross-access (as was
previously required) to the parcel to the west due to the fact that the minimum driveway offsets
can be met between the driveway for the mini-storage facility and the parcel to the west and
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.
ACHD anticipates allowing the parcel to the west to have a right-inlright-out driveway only
once the Hill Road/State Highway 55 intersection is improved and signalized.
Eagle City Code states that where greater than twenty percent (20%) of a mini-storage site is
allocated to vehicle storage, the vehicle storage must be treated as a separate use. Staff has
interpreted this provision to act as a means to prevent the collection of a multitude of vehicles
in open view and stored in conditions considered unsightly. Since the applicant intends to
have doors on the separate units, the vehicles will be located out of sight and will not
contribute to nuisance glare or clutter; no difference could be made as to the contents of the
storage units. Staff recommends that since the doors will shield the storage contents from
view (in addition to the walls), vehicle storage in excess of twenty percent (20%) of the site
may be allocated to vehicle storage.
.
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") and Building
Elevation Plans (Exhibit "B") represents an example of the Applicant's current
concept for the site and understands and agrees that changes in that concept will likely
occur. The Applicant also understands and agrees that any changes regarding
development of the site must be in conformance with the "Conditions of
Development" stated herein.
2.2 Mini-Storage facility (with associated caretaker's office/residence) shall be the only
use permitted to be developed on the site.
2.3 The Applicant shall remove all accessory (secondary) structures from the site prior to
the issuance of any building permits for the site. Demolition permits shall be obtained
prior to the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum 20%
allowed by Eagle City Code.
2.5 Landscape buffering and siting of the Mini-storage facility shall be designed to
mitigate the effects of the development on adjacent residences. All new construction
shall be setback from the eastern and southern property lines a minimum of ten-feet
(10') and those setback areas shall be landscaped with dense plant material.
2.6 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.7 The design of the Mini-storage facility shall incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on those
facing Hill Road and State Highway 55, to deter the construction of a monoplane
structure and shall remain substantially as shown on the attached Building Elevation
Plans (Exhibit "B"). No portion of any building shall exceed 35-feet in height, as
measured from the foundation to the peak of the roof.
2.8 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site.
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2.9 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
2.10 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.
2.11 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was scheduled to be held before the Planning and Zoning
Commission on January 18, 2005, and the public hearing was continued to February 7, 2005, 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 one
(1) individual (other than the applicant/representative) who felt that the proposed mini-storage facility
fit in well with the goals and objectives of the City Council and as reflected in the Comprehensive
Plan. Further, the Comprehensive Plan is a guide and the intention of the Business Park designation
(as written in the Plan) is to establish commercial uses consisting of indoor activities within a
landscaped setting.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of RZ-15-04 for a rezone from
A-R (Agricultural-Residential) to BP-DA (Business Park with development agreement) for Glenn
Mosell with the following staff recommended conditions to be placed within a development
agreement with underlined text to be added by the Commission:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building
Elevation Plans (Exhibit "B") represents an example of the Applicant's current
concept for the site and understands and agrees that changes in that concept will likely
occur. The Applicant also understands and agrees that any changes regarding
development of the site must be in conformance with the "Conditions of
Development" stated herein.
2.2 Mini-Storage facility (with associated caretaker's office/residence) shall be the only
use permitted to be developed on the site.
2.3 The Applicant shall remove all accessory (secondary) structures from the site prior to
the issuance of any building permits for the site. Demolition permits shall be obtained
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prior to the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum 20%
allowed by Eagle City Code.
2.5 Landscape buffering and siting of the Mini-storage facility shall be designed to
mitigate the effects of the development on adjacent residences. All new construction
shall be setback from the eastern and southern property lines a minimum of ten-feet
(10') and those setback areas shall be landscaped with dense plant material.
2.6 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.7 The design of the Mini-storage facility shall incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on those
facing Hill Road and State Highway 55, to deter the construction of a monoplane
structure and shall remain substantially as shown on the attached Building Elevation
Plans (Exhibit "B"). No portion of any building shall exceed 35-feet in height, as
measured from the foundation to the peak of the roof.
2.8 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site.
2.9 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
2.10 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.
2.11 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
2.12 Direct access from the site to State Highway 55 is prohibited.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 9, 2004.
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 January 3, 2005. 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 December 28,2004. Requests for agencies' reviews
were transmitted on December 10, 2004, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-15-04)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
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upon the information provided concludes that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of BP-DA (Business Park with development
agreement) is in accordance with the Comprehensive Plan established goals and
objectives since the site is to be zoned in a manner in accordance with the
Business Park land use designation as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve a mini-storage facility on this property under the
proposed zone;
c. The proposed BP-DA (Business Park with development agreement) is compatible
with the BP (Business Park) zoning district to the north since that site is expected
to develop in a manner consistent with the goals and objectives of the
Comprehensive Plan and the land uses as listed in Eagle City Code;
d. The proposed BP-DA (Business Park with development agreement) is compatible
with the RUT (Rural Urban Transition - Ada County designation) zoning district
to the south since that site is expected to develop in a manner consistent with the
Business Park designation as shown on the City of Eagle 2000 Comprehensive
Plan;
e. The proposed BP-DA (Business Park with development agreement) is compatible
with the C-3-DA (Highway Business District with Development Agreement)
zoning district and development proposed to the west since that site will have
commercial uses that would be considered more intensive than the mini-storage
proposed for the subject site;
f. The proposed BP-DA (Business Park with development agreement) is compatible
with the A-R (Agricultural-Residential) zoning district to the east since that site is
expected to develop in a manner consistent with the Business Park designation as
shown on the City of Eagle 2000 Comprehensive Plan;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special
Area" as described within the Comprehensive Plan, and;
h. No non-conforming uses are expected to be created with this rezone since none
are apparent on the site.
DATED this 15th day of February 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada ty, Idaho
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ATTEST: