Findings - PZ - 2020 - RZ-08-20 - Rezone From A-R To Mu-Da For Martin Storage FacilityBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM A-R (AGRICULTURAL
- RESIDENTIAL) TO MU-DA (MIXED USE
WITH A DEVELOPMENT AGREEMENT [IN
LIEU OF A CONDITIONAL USE PERMIT])
AND A WAIVER PURSUANT TO IDAHO
CODE 67-6512 (F) FOR HATCH DESIGN
ARCHITECTURE
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-20
The above -entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on August 17, 2020, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Hatch Design Architecture, represented by Jeff Hatch, is requesting a rezone from A-R
(Agricultural -Residential) to MU-DA (Mixed Use with a development agreement [in lieu of a
conditional use permit]) to allow for a storage facility (with reduced setbacks) and a residential use.
The 7.3-acre site is located on the south side of West State Street approximately 400-feet west of
the intersection of South Payette Way and West State Street at 1601 West State Street.
B. APPLICATION SUBMITTAL:
An in -person Neighborhood Meeting was held on -site at 6:00 PM, on Wednesday, May 6, 2020, in
compliance with the application submittal requirement of Eagle City Code. Due to the Covid-19
health concerns, the applicant also encouraged individuals who did not want to attend the in -person
neighborhood meeting to contact or email the applicant's office. The applicant also conducted a
virtual Neighborhood Meeting on the same evening to address questions. A second Neighborhood
Meeting was held on on -site, Thursday, July 16, 2020. Due to the Covid-19 health concerns, the
applicant also encouraged individuals who did not want to attend the Neighborhood Meeting to
contact or email the applicant's office. The application for this item was received by the City of
Eagle on May 19, 2020. A revised narrative was provided to the City on July 21, 2020. A revised
site plan was provided to the City on July 28, 2020. Building elevation exhibits were provided to
the City on July 28, 2020. A second revised narrative and revised site plan were provided to the
City on August 6, 2020. Canopy elevations were provided to the City on August 10, 2020. A third
revised site plan was provided to the City on August 11, 2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on July 13, 2020, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on July 31, 2020. Notice of this public hearing
was mailed to property owners within 1,500-feet of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 31, 2020. The site
was posted in accordance with the Eagle City Code on July 30, 2020.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS:
PD-01-20 — A parcel division application to permit the creation of two (2) separate parcels.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use A-R (Agricultural -
Residential)
Proposed No Change MU-DA (Mixed Use with
a development agreement
[in lieu of a conditional use
permit])
North of site Neighborhood A (Agricultural)
Residential
South of site Public/Semi-Public
RUT (Rural -Urban
Transition — Ada County
designation)
East of site Compact Residential R-4 (Residential)
West of site Mixed Use PS (Public/Semipublic)
LAND USE
Single-family dwelling and
agriculture
Storage (enclosed building)
and single-family dwelling
Single-family dwelling,
accessory structures, and
agriculture
Vacant parcel
Single-family residential
subdivision (Van Engelen
Estates No. 3)
City of Eagle entry sign
and ACHD Park/Ride
parking lot
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 7.3-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on August 6, 2020 (attached to the staff
report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter, date stamped by the City on August 6, 2020 (attached to the staff
report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served by the Eagle Police Department, Eagle Fire Department, and Eagle
Sewer District. It does not appear the property is located within a certificated area for water service,
however, the property is contiguous to Suez Water and Eagle Water Company's certificated areas.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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Q.
M. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes, in proximity to the existing residence and accessory structures
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — No
Wildlife Habitat — No
N. NON -CONFORMING USES:
Residential uses within a MU (Mixed Use) zoning designation requires approval of a conditional
use permit. With this application a development agreement is being utilized in lieu of a conditional
use permit; therefore, the residential dwelling located on the property will be recognized as a
permitted use within the development agreement.
O. 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:
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
P. LETTERS FROM THE PUBLIC (attached to the staff report):
Email correspondence received from Kellie Allred, dated August 10, 2020.
Email correspondence received from Ken Lenz, dated August 11, 2020.
Email correspondence received from Rebecca Fitzpatrick, dated August 11, 2020.
Email correspondence received from Gayle and Frank Wright, dated August 11, 2020.
Email correspondence received from Nancy Soares, dated August 12, 2020.
Email correspondence received from Kyle Fend, dated August 12, 2020.
Email correspondence received from Jordan Rausch, dated August 12, 2020.
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;
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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.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined
on a site by site basis. Uses should complement and not take away from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or development agreement process. See the planning area text for a complete description of
site specific uses.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration, regional trails and connectivity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
Automotive Storage: Storage of parking towaways, impound yards, and storage lots for
automobiles, trucks, buses and recreational vehicles.
Storage (Enclosed Building): 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.
Storage (Fenced Area): The keeping, in an unenclosed area, of any goods, junk, material, or
merchandise in the same place for more than twenty four (24) hours.
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Warehousing and Storage:
B. 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: Districts Established Purposes and Restrictions:
MU MIXED USE DISTRICT:
To provide for a variety and mixture of uses such as limited office, limited commercial, and
residential. This district is intended to ensure compatibility of new development with existing
and future development. It is also intended to ensure assemblage of properties in a unified plan
with coordinated and harmonious development which shall promote outstanding design
without unsightly and unsafe strip commercial development. Uses should complement the uses
allowed within the CBD zoning district. All development requiring a conditional use permit in
the MU 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 MU zoning district
within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling
units per gross acre. When a property is being proposed for rezone to the MU zoning district,
a development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
Automotive Storage is allowed by Conditional Use within the MU (Mixed Use) zoning
designation.
Storage (enclosed building) and single-family dwelling (existing) are allowed by Conditional
Use within the MU (Mixed Use) zoning designation.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
1
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area Minimum
Lot (Acres Or Lot
Zoning Maximum Interior Street Covered Square Width
District Height Front Rear Side Side F And J* Feet) H* I*
MU
35' I 20'
20'
7.5'
20'
50% 5,000 50'
• 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 feet (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
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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 8-4-5: Schedule of Parking Requirements:
Automotive storage
Storage (enclosed building and/or fenced area)
1 per 500 square feet of gross floor
area of office space; plus 1 per
1,000 square feet of
gross storage area
1 for 1,000 square feet of gross floor
area
• Eagle City Code Section 8-7-3-2: General Standards for Conditional Uses:
The commission/council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing 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 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 shall be so 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 8-10-1(A): Development Agreement: Requirements and
Restrictions:
A. Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project with a specific use
to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
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C. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 67-6512 SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES:
(f) In addition to other processes permitted by this chapter, exceptions or waivers of standards,
other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code,
in a zoning ordinance may be permitted through issuance of a special use permit or by
administrative process specified by ordinance, subject to such conditions as may be
imposed pursuant to a local ordinance drafted to implement subsection (d) of this section.
D. DISCUSSION (based on site plan, dated stamped by the City on August 11, 2020, and the
building elevations, date stamped by the City on August 6, 2020):
• The applicant has submitted a site plan of the parcel showing the construction of a self -storage
facility. Access to the proposed facility is provided via West State Street. The site is proposed
to have an emergency access through one (1) driveway in alignment with West Kenai Court to
the eastern property line.
• Eagle City Code requires that upon the development of a property and use that requires a
conditional use permit within the MU (Mixed Use) zoning district, the application must be
administered through the PUD and/or development agreement process. However, since this
site is not in conformance with the minimum acreage requirement of ten (10) acres to qualify
for a planned unit development, the conditional use process is to be utilized unless the proposed
use is shown as a permitted use in the MU (Mixed Use) 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 process in lieu of a conditional
use permit. Further, Eagle City Code states that a development agreement may allow a specific
project with a specific use to be developed on property that is conditional in the requested zone.
The MU (Mixed Use) zoning district is intended to ensure compatibility of new development
with existing and future development. It is also intended to ensure assemblage of properties in
a unified plan with coordinated and harmonious development which shall promote outstanding
design without unsightly and unsafe strip commercial development. 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 play a vital role in assuring
that the development is built with a common theme among all the structures and landscaping.
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 self -storage facility. The majority of the
wall faces are to be constructed with appurtenances, texture variations, planar change, 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.
• The applicant is requesting a MU-DA (Mixed Use with a development agreement) zoning
designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required
within the MU (Mixed Use) zoning designation:
Front 20-feet
Rear 20-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 50%
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The applicant is requesting a reduction of the required setbacks within the development. The
proposed setbacks identified on the site plan are as follows:
Front 0-feet
Rear 10-feet
Interior Side 10-feet
Street Side 20-feet
Maximum Lot Coverage 50%
The West State Street right-of-way fronting the property is 120-feet in width. The site plan
shows the area located between the street and the property line is 37-feet in width. Although
the applicant is requesting a front setback of 0-feet a building constructed at the requested
setback would be a minimum of 37-feet from the street. Staff will defer to the Commission and
Council regarding the requested front setback.
The site plan shows the buildings are setback 10-feet from the eastern property line. A portion
of the eastern property line is bordered by a residential subdivision (Van Engelen Estates
Subdivision No. 3) which has a residential zoning designation of R-4 (Residential). 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. 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 (building) and landscaping will be provided along the perimeter of said wall, the yard
requirement reduction of 50% (20-feet) may be warranted. Based on Eagle City Code the
minimum side setback adjacent to Van Engelen Estates Subdivision No. 3 should be a
minimum of 20-feet.
It is staff's opinion based on the front property line in relationship to the distance from the
paved edge of West State Street and the property being located adjacent to a residential
subdivision with a residential zoning designation of R-4 (Residential) the following setbacks
and maximum lot coverage should be required:
Front 0-feet
Rear 10-feet
Interior Side (west) 10-feet
Interior Side (east) 10-feet
20-feet (along Van Engelen Estates Subdivision No. 3)
Street Side 20-feet
Maximum Lot Coverage 50%
• The site plan identifies a 37-foot wide street setback area located between the street and the
front property line. Currently there is an existing sidewalk and bare ground located within this
area. The building elevations show the area to be landscaped between the back of the sidewalk
and the front of the building. The applicant should be required to landscape the area located
between the West State Street and the subject property. The landscape plan should be reviewed
and approved by the Design Review Board and the City Council prior to installation of the
landscaping. The applicant should provide a recorded copy of the ACHD license agreement
associated with the landscaping located within the right-of-way area. The landscaping should
be installed prior to the issuance of a certificate of occupancy for the office or a certificate of
completion for the first storage unit building, whichever comes first.
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• 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. As proposed,
the canopy area for the storage of vehicles is approximately 17.3% of the site. A condition of
development should be placed within the development agreement limiting the outside vehicle
storage to a maximum of 20% of the site. Also, no open storage of vehicles (automobiles,
trucks, buses and recreational vehicles) should occur on the site until all the buildings along
the perimeter of the site are complete.
• The site plan identifies Building 2 at 34,766-square feet in size. Based on the size of the
building, it appears the building will house controlled atmosphere storage. Typically, when
individuals access their storage unit they will park in front of the garage. In this case they will
need to park their vehicles then enter the building to access their stored items. Owner should
provide a parking area associated with Building 2 to be reviewed and approved by the Design
Review Board and City Council prior to issuance of the building permit. The parking area
should contain a minimum of 10-parking spaces.
• The applicant has submitted a Parcel Division application (#PD-01-20) to divide the property
into two (2) separate parcels. The applicant is proposing to divide the existing home located on
the property from the area where the storage facility is proposed to be constructed. If the parcel
division is approved by the City Council, the applicant should be required to comply with the
parcel division site specific conditions of approval, standard conditions of approval, and record
the approved parcel division record -of -survey prior to the issuance of a building permit for the
storage facility.
• The parcel division record of survey, date stamped by the City on August 6, 2020, shows the
possible location of a sewage drainfield (associated with the existing residence) located within
an area where a storage building will be located. The rezone narrative, date stamped by the City
on August 06, 2020, indicates the existing septic system is to be abandoned and the residence
will be connected into municipal services. The applicant should be required to provide
documentation that the sewage drainfield has been abandoned prior to issuance of a building
permit for the storage facility.
• The applicant provided canopy building elevations, date stamped by the City on August 10,
2020, which shows the height of the canopy at 17-feet, 6-inches. The canopies are proposed to
be located within the enclosed walls bordering the perimeter of the site. The canopies should
not exceed a maximum height of 17'6" and should be screened from the surrounding streets by
the perimeter buildings.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
17, 2020, 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 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
five (5) individuals (other than the applicant/representative) who indicated the following:
• The applicant has incorporated their suggestions into the plan.
• They do not support a pathway located between the storage facility and the residential
neighborhood.
• They support the proposed setbacks along the east property line.
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• Although water, traffic, and education are concerns within the area, the proposed development will
have a low impact on water, traffic, and education than a residential subdivision.
• The project is well designed and they support the emergency access at West Kenai Court.
COMMISSION DELIBERATION: (Granicus time 1:32:30)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The neighbors living adjacent to the proposed development are supportive of the project and proposed
setbacks.
• The applicant should be required to provide a minimum of 10-parking spaces to serve Building 2.
• The design of the storage facility will blend well with architecture located within other areas of the
City.
• They support allowing a 10-foot setback adjacent to the existing subdivision located east of the
development provided the area located between the storage structure and property line is landscaped
appropriately.
• The existing home may continue to be served by the existing septic system provided the drainfield is
not located within the area where the storage facility is proposed.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-08-20 for a rezone from A-R (Agricultural -
Residential) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit) for
Hatch Design Architecture, with the following staff recommended conditions to be placed within a
development agreement with underline text to be added by the Commission and strike through text to be
deleted by the Commission:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the Owner will submit such applications regarding floodplain
development permit review, preliminary and final plat reviews, and/or any conditional use permits,
if applicable, and any other applicable applications as may be required by the Eagle City Code,
which shall comply with the Eagle City Code, as it exists at the time such applications are made
except as otherwise provided with this Agreement.
3.2 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.3 Storage (enclosed building) and a single-family dwelling are the only approved uses for the
Property. Any change of use will require a modification to this Development Agreement prior to
the change of use.
Owner shall remove the accessory structures located outside of the parcel associated with the
residential dwelling 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.
The setbacks and lot coverage shall be as follows:
Front 0-feet
Rear 10-feet
Interior Side (vest) 10-feet
10 feet
ar. En Euzdivf. on No. 3)
Street Side 20-feet
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Maximum Lot Coverage 50%
3.6 Owner shall landscape the area located along West State Street between the back -of -curb and the
property line. The landscape plan shall be reviewed and approved by the Design Review Board and
the City Council prior to installation of the landscaping. The Owner shall provide a recorded copy
of the ACHD license agreement associated with the landscaping located within the right-of-way
area. The landscaping shall be installed prior to the issuance of a certificate of occupancy for the
office or a certificate of completion for the first storage unit building, whichever comes first.
3.7 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within an area screened from
the adjacent public streets by the storage buildings, the facility is permitted to store said vehicles
in an area not to exceed a maximum of 20% of the Property.
3.8 The driveway providing access to West Kenai Court shall be used for emergency access only. The
emergency access shall be secured with a wrought iron gate prior to issuance of a building permit
for the first storage building. Owner shall provide written approval from the Eagle Fire Department
of the design and function of the emergency access point and gate prior to installation of the gate.
3.9 Landscape buffering and siting of the self -storage facility shall be designed to mitigate the effects
of the development on adjacent residences. All new construction shall be setback from the eastern
property line located adjacent to Van Engelen Estates Subdivision No. 3 a minimum of twenty -feet
(20') and those setback areas shall be landscaped with dense plant material to be reviewed and
approved by the Design Review Board prior to the issuance of a zoning certificate.
3.10 The building elevations (Exhibit D) consisting of a "Romanesque Revival" style of architecture
represents the Owner's current concept for the project and are subject to change at the discretion
of the Design Review Board. Owner shall submit a design review application for the proposed
buildings (as required by Eagle City Code) and shall comply with all conditions required by the
Design Review Board and/or City Council prior to the issuance of a zoning certificate.
3.11 The 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.
3.12 Owner shall comply with Site Specific Conditions of Approval and Standard Conditions of
Approval of Parcel Division application #PD-01-20 and provide a recorded copy of the parcel
division record of survey mylar prior to the issuance of a building permit for the storage facility.
3.13 The existing residential dwelling may remain on the existing septic system until it fails, at which
time the existing residential dwelling shall be connected to central sewer. In the event it is
determined the existing septic system is located within an area to be developed with the storage
facility, the Owner shall provide documentation that the sewage drainfield has been abandoned
prior to issuance of a building permit for the storage facility.
3.14 The canopies shall not exceed a maximum height of 17'6" and shall be screened from the
surrounding streets by the perimeter buildings.
3.15 No open storage of vehicles (automobiles, trucks, buses and recreational vehicles) shall occur on
the Property prior to all of the buildings along the perimeter of the site being completed.
3.16 Owner shall provide a parking area associated with Building 2 to be reviewed and approved by the
Design Review Board and City Council prior to issuance of the building permit. The parking area
shall contain a minimum of 10-parking spaces.
3.17 All traffic associated with the construction of the storage facility shall take access from West State
Street only. No construction traffic shall utilize West Kenai Court for access to the Property.
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3.18 Owner shall place 4'x8' signs containing information regarding the proposed development. The
information signs shall be located along each roadway that is adjacent to the Property. The
information signs shall be located on the Property outside of the public right-of-way and remain
clearly visible from the roadway. The information signs shall be reviewed and approved by staff
prior to installation of the signs.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (RZ-08-20) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone upon
annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement [in lieu
of a conditional use permit]) is consistent with the Mixed 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
the proposed storage facility use on this property under the proposed zone;
c. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the A (Agricultural) zone and land use to the north since that area
contains a single-family dwelling and agriculture. The property located to the north is separated
from the site by a minor arterial (West State Street);
d. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the RUT (Rural -Urban Transition — Ada County designation) zone
and land use to the south since that area is designated Public/Semi-Public within the comprehensive
plan and is separated from the site by a principal arterial (SH-44);
e. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the R-4 (Residential with a development agreement) zone and
land use to the east since that area is developed with a residential subdivision and the applicant is
proposing to provide a landscaped buffer area located adjacent to the subdivision;
f. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the PS (Public/Semipublic) zone and land use to the west since
that area contains the City of Eagle entry sign and an ACHD Park/Ride parking lot;
The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan;
h. No non -conforming uses are expected to be created with this rezone since the existing residential
dwelling and accessory structure will be recognized within the development agreement as a
permitted use.
2. The Commission reviewed the particular facts and circumstances of this proposed rezone with a
development agreement in lieu of a conditional use permit, and based upon the information provided
concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan
and established goals and objectives because:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since storage (enclosed building) and a single-family dwelling may be permitted in
the MU (Mixed Use) zoning district if a conditional use permit is approved by the City Council;
g•
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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 storage (enclosed building) and a single-
family dwelling are permitted with the approval of a conditional use permit with the MU (Mixed
Use) zoning district and the Comprehensive Plan designates this site as Mixed Use;
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 all buildings on the site will be designed to
meet the City's design review requirements and design requirements of the Eagle Architecture and
Site Design Book. The Commission determined the commercial use should be granted within 10-
feet of the perimeter of the residential subdivision since a solid wall and tree buffer with additional
landscaping is proposed adjacent to the residential subdivision;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the property is
surrounded by a State Highway 44 (principal arterial), West State Street (minor arterial), and a
residential subdivision. The applicant is proposing a tree buffer with additional landscaping to
buffer the storage facility from the adjacent to the residential subdivision;
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. All central services are either available to the site or will be conditioned herein,
as noted within the letters provided by the agencies having jurisdiction over the site. Also,
development of sewer, water, drainage, streets, and other urban services will be provided at the
developer's expense. The design of the building and access roads will be reviewed and approved
by the Eagle Fire District prior to issuance of a building permit;
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 served
with central sewer from the Eagle Sewer District and will use public water to be served from either
Suez Water Company or Eagle Water Company. Fire protection will be provided by the Eagle Fire
District and fire hydrants will be provided where required;
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 applicant is proposing a storage
facility which should produce less traffic than a typical commercial or residential development, no
manufacturing will be permitted on site, and the facility will be constructed in a fortress style design
which will buffer the internal access areas from the adjacent properties;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the proposed approach has been reviewed
and approved by the Ada County Highway District; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance. The property contains mature trees located in proximity to the existing residential
homes. The applicant will be required to mitigate for the removal of any trees from the site.
3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit (development agreement in lieu of a
conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
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DATED this 3 l st day of August, 2020.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
A
.f_t)
Sharon K. Bergmann, gle City Clerk
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