Findings - CC - 2014 - CU-03-14 - Cup For Storage Facility/8.4 Acre/South Of West Hill Rd BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A STORAGE FACILITY(ENCLOSED )
BUILDING) FOR BOARDMAN 55,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-14
The above-entitled conditional use permit application came before the Eagle City Council for their action
on September 9, 2014, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council 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:
Boardman 55, LLC, represented by Ron Ramza, is requesting conditional use permit
approval for a Storage facility (enclosed building). The 8.4-acre site is generally located
on the west side of North Horseshoe Bend Road approximately 725-feet south of West
Hill Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 7:00 PM, June
4, 2014, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item was received by the City of Eagle on June 9, 2014.
C. NOTICE OF PUBLIC HEARING:
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 July 14, 2014. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on July 14, 2014. The site was posted in accordance with the Eagle City Code on
July 24, 2014. Requests for agencies' reviews were transmitted on June 16, 2014, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on August 25, 2014. 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 August 25,
2014. The site was posted in accordance with the Eagle City Code on August 28, 2014.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 20, 2005,the Eagle Planning and Zoning Commission recommended approval of
an annexation and a rezone with a development agreement for Red Cliff Development.
(A-10-04/RZ-16-04)
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On June 20, 2005, the Eagle Planning and Zoning Commission recommended approval of
a preliminary plat for Optimist Business Park#2 for Red Cliff Development. (PP-08-04)
During the hearing process before the Eagle City Council the aforementioned applications
were remanded to staff and the applications were never brought back before the Council
for final action.
On April 24, 2012, the City Council approved an annexation and rezone with a
development agreement from RUT (Rural-Urban Transition—Ada County designation)to
BP-DA (Business Park with a development agreement) for Kenneth and Lynn Patten. (A-
02-11/RZ-03-11)
On April 24, 2012, the City Council approved a parcel division for Kenneth and Lynn
Patten. (PD-03-11)
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park R-1-DA(Residential up to Single-family dwelling and
one(1)unit per acre with a accessory structures (zoned
development agreement) R-1-DA)
BP-DA(Business Park with Agriculture(zoned BP-DA)
Development Agreement)
Proposed No Change No Change Condominium self-storage
facility(to be located within
the area zoned BP-DA)
North of site Business Park BP-P(Business Park with a Vacant land(proposed
Planned Unit Development) Optimist Business Park
PUD)
South of site Business Park BP(Business Park)and R-1 Mini-storage facility
(Residential up to one(1) (Republic Storage)and
unit per acre) single-family residence
East of site City of Boise Area of RUT and R4 (Ada County Single-family residence,
Impact designations) Rolling Hills Charter
School, and Optimist Youth
Park
West of site Residential Four R-4(Residential—up to four State Highway 55 and
(4)units per acre) residential subdivision
(Great Sky Estates)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
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H. EXISTING SITE CHARACTERISTICS:
The site is currently used as pasture.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 8.4-acres N/A
Percentage of Site Devoted to Building 45% 50% (maximum)
Coverage
Percentage of Site Devoted to 7% 10% (minimum)
Landscaping
Number of Parking Spaces 149 (see Discussion) 164
Front Setback 25-feet 20-feet
Rear Setback(west) 10-feet 20-feet*
Side Setback(north) 40-feet 0-feet
Side Setback(south 5-feet 0-feet
* Based on rear lot line is located adjacent to a street.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Nine (9) buildings to be constructed for the operation of a storage facility (enclosed
building).
Height and Number of Stories of Proposed Buildings:
The buildings are proposed to be single-story ranging from 17-feet to 21-feet, 9-inches in
height.
Gross Floor Area of Proposed Buildings:
The total combined area of the nine(9)buildings is 163,550-square feet.
On and Off-Site Circulation:
The site plan, date stamped by the City on June 9, 2014, shows access to the site is
provided via an entrance/exit located at the northeast corner of the site that provides
connection to North Horseshoe Bend Road. The site plan also shows an exit drive located
at the southeast corner with a connection to North Horseshoe Bend Road.
K. PUBLIC SERVICES AVAILABLE:
The site is served by Eagle Water Company, Eagle Sewer District, and the Eagle Fire
Department.
L. PUBLIC USES PROPOSED:None proposed
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M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees — yes — one (1) tree located approximately 100-feet south of the northern property
line and 500-feet west of the eastern property line
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. 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:
Eagle Fire Department
Idaho Transportation Department
Independent School District of Boise City#1
Republic Services
Settlers Irrigation District
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC:None received to date
R. EAGLE CITY CODE 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 (Eagle
City Code Title 8)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(Eagle City Code Title 8);
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 existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
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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 be 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 are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Land Use Map designates this site as Business Park.
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.
• Chapter 12—Community Design
12.1 Background and Vision (reads in part)
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route), State Highway 16, and 55 (Eagle Road). The landscaping (or lack
thereof), commercial signage and building character of these entrances provide the
first, and often the most lasting, impressions of the entire community. The City of
Eagle has the opportunity to improve the appearance of the entryways by
establishing guidelines for development and redevelopment that occurs along
these entryway corridors.
12.2 Goals
A. Protecting the City's character: Strive to create an aesthetically pleasing
community and protect the unique natural beauty and small town character of
the City.
C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16
& 44): Preserve the function of regionally significant roadways through the
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City while ensuring compatibility with land uses and design standards of the
City.
12.3 Objectives
A. Enhance the appearance of the City's entry corridors. Design review
procedures should guide future development and redevelopment of existing
uses. Depending on land uses and buildings, more extensive landscaping and
fewer points of access may be required. The design review process will
enable the City to address the special features of each property and facility in
a manner that will best address the overall intent of enhancing Eagle's
entryways. Eagle's entrance corridors may take on the look of landscaped
berms like those built adjacent to the Banbury and Lexington Hills
Subdivisions.
12.4 Implementation Strategies
J. Require new residential, commercial, and industrial development to meet
minimum design standards as specified by City Ordinances.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2 defines Storage(Enclosed Building)as:
An enclosed building or group of buildings containing separate, individual, secured, and
private storage spaces of varying sizes available for lease or rent for varying periods of time.
• Eagle City Code, 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.
• Eagle City Code, 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
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.
• Eagle City Code Section 8-2-3 states in part that Storage (enclosed building)requires the
approval of a conditional use permit located within a BP(Business Park)zoning district. A
Storage(enclosed building) is a prohibited use within a R(Residential) zoning district.
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• Eagle City Code Section 8-2A-7 (B)(2):
Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area, may be included in the ten percent(10%)
landscape coverage requirement.
• Eagle City Code Section 8-2A-7 (C):
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project
site (or from abutting right of way)replacement with an acceptable species is required as
follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar,
cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded,
weak branched, suckering, damaged, diseased, insect infested, or containing similar
maladies may be exempt from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three(3)4-inch caliper trees or four(4) 3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection Cl of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet(6'), or to the drip line,whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping. (Ord. 699, 5-28-2013)
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• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
BP(Business Park)zone:
Minimum Yard Setbacks Maximum Minimum
Note Conditions A To E* Lot Lot Area Minimum
Covered (Acres Or Lot
Zoning Maximum Interior Street '. F And J* Square Width I*
District Height Front Rear Side Side Feet) H*
BP 35' 20' 0' 0' 20' 50% n/a 25'
• Eagle City Code Section 8-3-3 Supplemental Yard and Height Regulations:
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.
• Eagle City Code Section 8-3-4 Commercial and Industrial Uses Restricted:
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 uniform fire code
and the national safety foundation publications.
2. Radioactivity Or Electrical Disturbance:No activity shall emit harmful radioactivity at
any point, or electrical disturbance adversely affecting the operation of any equipment
at any point other than that of the creator of such disturbance.
3. Noise: Objectionable noise, as determined by the administrator, which is due to
volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and
related apparatus used solely for public purposes are exempt from this requirement.
• Eagle City Code Section 8-7-3-2 General Standards for Conditional Use:
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:
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A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title(Eagle City Code Title 8)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 (Eagle City
Code Title 8);
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 existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and 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 be 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 are designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
• Eagle City Code, Section 8-4-5 Schedule of Parking:
Storage(enclosed building and/or 1 per 1,000 square feet of gross storage area
fenced area)
• Eagle City Code, Section 8-7-3-5 Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including,but not limited to,those:
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 services; and
7. Requiring more restrictive standards than those generally required in this title.
C. DISCUSSION:
• The applicant is proposing to construct a private storage facility with enclosed buildings.
Pursuant to Eagle City Code a conditional use permit is required for storage (enclosed
building) facilities located with the BP (Business Park) zoning district. The adjacent property
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to the north (Optimist Business Park) was previously approved for a business park planned
unit development. A ministorage facility (Republic Storage) is located on the adjacent
property to the south. The site is compatible with the zoning designation and residential
subdivision (Great Sky Estates Subdivision) to the west since State Highway 55 is located
between the proposed use and Great Sky Estates Subdivision. There is also a ten foot(10') high
masonry fence located between Great Sky Estates Subdivision and State Highway 55. The site is
bordered on the east by North Horseshoe Bend Road. There is one (1) single-family residence,
Rolling Hills Public Charter School, and a Boise City public park located across North
Horseshoe Bend Road from the site.
• The original owner of the property was previously approved for an annexation with a rezone and
a parcel division inclusive of the subject site. The original site consisting of approximately 9.8-
acres was rezoned to include two (2) zoning designations. An approximately 1.4-acre area
located in proximity to the southeast corner and containing the existing residence was rezoned to
a R-1-DA (Residential up to one (1) unit per acre with a development agreement) zoning
designation and the remaining approximately 8.4-acre area was rezoned to BP-DA (Business
Park with a development agreement) zoning designation. To date a parcel division record of
survey has not been recorded and the proposed use is located on a portion of the original parcel.
The parcel division should be recorded with the associated legal descriptions to clearly identify
the parcels and their respective zoning designations. The applicant should record the parcel
division (PD-03-11) record of survey and associated legal descriptions prior to a zoning
certificate being issued for the storage(enclosed building)use to commence on the site.
• Because this site is located adjacent to State Highway 55 (identified in the Comprehensive
Plan as an entryway corridor) any proposed signage and building character will provide the
first, and often the most lasting impression of the community. The design review process will
play a vital role in assuring that as the development is built, a common theme among all the
structures and landscaping will be achieved. The site plan date stamped by the City on June 9,
2014, shows the footprint of the western most structure located approximately 10-feet from the
western property line. The west property line would be considered the rear property line since
the property is fronted and will take access from North Horseshoe Bend Road. The allowed
rear setback in the BP (Business Park) zoning district is zero feet(0'). The street side setback
within the BP (Business Park) zoning district is 20-feet. Although the west property line
adjacent to State Highway 55 is considered the rear property line the applicant should be
required to provide a twenty foot (20') wide buffer area located adjacent to the rear property
line since the rear property line is located adjacent to State Highway 55 (identified in the
Comprehensive Plan as an entryway corridor). The applicant should submit building
elevations depicting the design of the outer wall of the facility located adjacent to State
Highway 55, which show features that are not typical of a ministorage facility. Ultimately the
applicant will need to design the facility to comply in all respects with the Eagle Architecture
and Site Design Book. The building wall face located adjacent to State Highway 55 should 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. Since the site is located adjacent to State
Highway 55 the applicant should also be required to provide a landscape buffer adjacent to the
highway(as mentioned above). Proposed signage located adjacent to State Highway 55 should
be limited to a building wall sign.
• 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
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applicant has shown on the site plan that the buildings are setback from the southern property
line located adjacent to the existing residence by approximately 35-feet. 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. At the time the
property was rezoned the area where the existing home is located was rezoned to an R-1-DA
(Residential up to one unit per acre with a development agreement)to allow the existing home
to remain. Staff will defer to the Planning and Zoning Commission and the City Council
regarding this matter.
• Although there are other uses permitted within the BP (Business Park) zoning designation
(including but not limited to industry or light manufacturing) the area of the site where the
ministorage buildings are to be located should be limited to the storage of RV's, boats,
household or commercial goods within an enclosed building and no third party business
activity, light industry or manufacturing uses should be allowed.
• The site plan date stamped by the City on June 9, 2014, shows the footprints for nine (9)
structures totaling 163,560-square feet. The site plan does not delineate the required buffer
area located adjacent to the residential property located adjacent to the southeast corner of the
site. The applicant should provide a detailed landscape plan showing the proposed buffer area
located adjacent to the residential home located at 8811 North Horseshoe Bend Road. The
landscaped plan should be reviewed and approved by the Design Review Board prior to the
issuance of a zoning certificate for construction of the first building.
• Eagle City Code states that where greater than twenty percent (20%) of a self-storage site is
allocated to vehicle storage, the vehicle storage must be treated as a separate use. In the past,
the City 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 storage units
are enclosed and the applicant is not proposing an outdoor storage area, 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 storage units will
be enclosed with a door which will shield the storage contents from view, vehicle storage in
excess of twenty percent (20%) of the site may be allocated to vehicle storage. All items
(inclusive of vehicles, RV's, and boats) stored at the ministorage facility should be contained
within an enclosed storage unit.
• The site data section contained within the Conditional Use Permit application, date stamped by
the City on June 9, 2014, indicates that seven percent (7%) of the site is devoted to
landscaping. Pursuant to Eagle City Code Section 8-2A-7 (B) (2), landscaping is required to
cover a minimum of 10% of the property. The applicant should be required to provide a
landscape plan showing a minimum of 10% of the site to be covered by landscaping. The
landscape plan should be reviewed and approved by the Design Review Board prior to a
Zoning Permit being issued for construction of the storage facility(enclosed building).
• The applicant is proposing to construct nine (9) buildings consisting of a total of 163,560-
square feet of gross floor area. The site data section contained with the Conditional Use Permit
application, date stamped by the City on June 9, 2014, indicates a total of 149 parking spaces.
Pursuant to Eagle City Code Section 8-4-5, one (1) parking space per 1,000-square feet is
required for a storage facility(enclosed building)which based on the proposed 163,560-square
feet would require 163 parking spaces. The site data section contained within the Conditional
Use Permit application indicates a total of 149 parking spaces. The site plan, date stamped by
the City on June 9, 2014, does not delineate any parking spaces. The site plans shows the
proposed buildings to be separated approximately 60-feet in width. The proposed width allows
for parking outside of the respective units while the units are being accessed by the public. As
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proposed staff believes ample parking is provided for the public to access the storage units.
• The area of the site where the proposed storage facility(enclosed building) is to be constructed
contains a deciduous tree located in the middle of the site. Pursuant to Eagle City Code
existing trees should be retained unless approved by the city. All living trees that do not
encroach upon the buildable areas on the site should be preserved, unless otherwise
determined by the Design Review Board.
• The applicant has provided a floor plan for Building A, date stamped by the City on July 31,
2014, which shows a clubhouse, two (2) closets, two (2) restrooms, and a shower to be
contained within approximately 440-square feet of the structure. It is unknown if this area will
also serve as an office for the proposed use. The applicant should provide clarification of the
location of the office serving the facility prior to issuance of a zoning permit for the
construction of the storage facility(enclosed building).
• ACHD is allowing only one (1) ingress/egress be permitted for the storage facility (enclosed
building. The applicant is required to remove the southern exit access. The applicant should be
required to provide a revised site plan showing the ACRD approved ingress/egress prior to
submitting a design review application.
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I"(required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8)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 (Eagle City
Code Title 8);
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 existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and 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 be 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;
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H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
4, 2014, at which time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed use is a good use for the property and is compatible with the similar use
located adjacent to the southern property line.
• Selling the units versus renting the units provides a better option to consumers utilizing the
storage facility.
COMMISSION DECISION:
The Commission voted 3-0 (Villegas and Wright absent)to recommend approval of CU-03-14 for
a conditional use permit for a Storage Facility (Enclosed Building) for Boardman 55, LLC, with
the site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document, dated August 25, 2014.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 9, 2014, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-03-14 f for a conditional use permit for a Storage Facility
(Enclosed Building) for Boardman 55, LLC, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with strike
through text to be deleted by the Council and underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Storage(Enclosed Building) is the only use approved with this conditional use permit(ECC 8-2-
3).
2. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project prior to the issuance of a certificate of occupancy.
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3. Record the parcel division (PD-03-11) record of survey and associated legal descriptions prior to a
zoning certificate being issued for the storage(enclosed building)use to commence on the site.
4. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning
Department prior to commencing construction of a structure on the site(ECC 8-7-2[A]).
5. The applicant shall submit a design review application showing elevations of the proposed
building, site landscaping, required buffer area located adjacent to the property located at 8811
North Horseshoe Bend Road and parking (ECC 8-2A-6, 8-2A-7). All living trees that do not
encroach upon the buildable areas on the site shall be preserved, unless otherwise determined by
the Design Review Board. The design review application shall be reviewed and approved by the
Design Review Board prior to the issuance of a building permit for this site(ECC 8-2A-17).
6. Provide a landscape plan showing a minimum of 10% of the site to be covered by landscaping.
The landscape plan shall be reviewed and approved by the Design Review Board prior to a Zoning
Permit being issued for construction of the storage facility(enclosed building)(ECC 8-2A-7 [B][2]
and 8-2A-17).
7. Provided that vehicles (RV's, boats, automobiles, etc.) are stored within enclosed garages, the
facility is permitted to store said vehicles in excess of the maximum 20% allowed pursuant to
Eagle City Code.
8. All items (inclusive of vehicles, RV's, and boats) stored at the storage facility (enclosed building)
shall be contained within an enclosed storage unit.
9. The storage facility(enclosed building)shall be limited to the storage of RV's, boats,household or
_ - _ . _ .. • ••• _•_ . _. ..• :••_ . •. Nno third party business activity, light
industry, or manufacturing uses shall be allowed with the storage facility area.
10. The applicant shall provide a revised site plan showing a 20-foot wide landscape buffer area
located adjacent to State Highway 55 and any proposed signage adjacent to State Highway 55 shall
be limited to a building wall sign.
11. Provide clarification of the location of the office serving the facility prior to issuance of a zoning
permit for the construction of the storage facility(enclosed building).
12. Provide a revised site plan showing the ACHD approved ingress/egress prior to submitting a
design review application.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. However, the applicant shall not be required to provide cross
access as recommended by ACHD.
2. Idaho Department of Environmental Quality approval of the sewer and water facilities is required
prior issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
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The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot 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's 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.
12. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building
permit or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
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20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code(one year from the Planning and
Zoning Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 7:00 PM, June 4, 2014, in
compliance with the application submittal requirement of Eagle City Code. The applications for this
item was received by the City of Eagle on June 9, 2014.
2. 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 July 14, 2014. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on July 14, 2014. The site was posted in accordance with
the Eagle City Code on July 24, 2014. Requests for agencies' reviews were transmitted on June 16,
2014, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 25,
2014.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 August 25, 2014. The site was posted in accordance with the Eagle City Code on
August 28, 2014.
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3. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU-03-
14) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) since a storage (enclosed building) may be permitted in the BP (Business
Park District)zoning district if a conditional use permit is approved by the City Council;
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 (Eagle City Code Title 8), since there are
no inconsistencies with the Comprehensive Plan and since a storage (enclosed building) is
permitted with the approval of a conditional use within the BP (Business Park District) zoning
district and the Comprehensive Plan designates this site as Commercial;
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 since the storage (enclosed building) is
located within an area designated for business parks and the design of the proposed structure
must meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the storage
(enclosed building) is to be located within a property with a BP (Business Park District) that
currently has compatible commercial uses located adjacent to the property;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community since the site
will be improved with essential public facilities such as streets, sewer and water services;
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 since the storage (enclosed building)
will be provided with landscape buffers located adjacent to State Highway 55 and the adjacent
properties located north and south of the proposed facility;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares since ACHD is only allowing
one(1) access to the subject site from an existing public roadway and the adjacent site created
with a parcel division (PD-03-11) (dividing off the subject site) already has adequate access,
therefore, no cross access is required; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance, since none are apparent on this site.
4. Eagle City Code Section 8-7-3-5: C (2) (c) states that the Council shall specify, "The actions, if any,
that the applicant may take to obtain a permit".
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DATED this 23rd day of September, 2014.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
fames D. Reynolds, a%.r ..
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ATTEST:
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Sharon K. Bergmann, Eagle City C erk •r+n....0
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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