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Findings - CC - 2017 - RZ-02-17 - Rezone From A-R To Bp-DaBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM A -R ) (AGRICULTURAL -RESIDENTIAL) TO ) BP -DA (BUSINESS PARK WITH A ) DEVELOPMENT AGREEMENT FOR ) STORAGE 55, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-02-17 FINDINGS OF FACT: The above -entitled rezone application came before the Eagle City Council for their action on June 13, 2017, 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: Storage 55, LLC, represented by Bruce Poe with Modus Architecture Collaborative, is requesting a rezone from A -R (Agricultural -Residential) to BP -DA (Business Park with a development agreement) for the construction of enclosed storage units. The 2 -acre site is located on the south side of East Hill Road approximately 650 -feet east of State Highway 55 at 2871 East Hill Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 2835 East Hill Road at 6:00 PM, Friday, February 17, 2017, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on February 23, 2017. 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 March 31, 2017. 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 March 29, 2017. The site was posted in accordance with the Eagle City Code on April 7, 2017. Requests for agencies' reviews were transmitted on March 22, 2017 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 May 29, 2017. 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 May 22, 2017. The site was posted in accordance with the Eagle City Code on June 1, 2017. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 22, 2005, the Eagle City Council approved a rezone with a development agreement for the adjacent property to the west (RZ-15-04). Page 1 of 9 K:\Planning Dept\Eegle Applications\ Z&A\201 TR2-02-1'7 Storage 55 cc£docx On September 13, 2005, the Eagle City Council approved a design review application for a self - storage facility and associated office (Storage 55) on the adjacent property to the west (DR -44-05). On July 24, 2007, the Eagle City Council approved a rezone with a development agreement for the site (RZ-05-07). On March 11, 2008, the Eagle City Council approved a design review application for a self storage facility on the site (DR -93-07). On March 11, 2009, the design review approval for DR -93-07 expired. On November 19, 2014, the development agreement associated with RZ-05-07 expired. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Business Park No Change Business Park Business Park Business Park Business Park ZONING LAND USE DESIGNATION A -R (Agricultural Single Family Residence Residential) BP -DA (Business Park with Indoor Storage Units a development agreement) BP (Business Park) Vacant RUT (Rural Urban Single Family Residence Transition — Ada County Designation) BP -DA (Business Park with a development agreement) BP -DA (Business Park with a development agreement) Single Family Residence Indoor Storage Units G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: 2 -acres I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's justification letter, date stamped by the city on February 23, 2017 (attached to the staff report). J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): See applicant's justification letter, date stamped by the city on February 23, 2017 (attached to the staff report). Page 2 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2017\RZ-02-17 Storage 55 ccf.docx K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Municipal sewer is available to this site through Eagle Sewer District and water will be supplied by Eagle Water Company. Fire service will be available from the Eagle Fire District. Police protection is provided by Ada County through contract with the City of Eagle. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON -CONFORMING USES: None apparent on site. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Ada County Highway District Eagle Fire Department Idaho Department of Environmental Quality Idaho Department of Fish and Game Idaho Transportation Department Tesoro Logistics O. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 6.3.15 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. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) • Eagle City Code Section 8-1-2: 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. • 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 Page 3 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2017\RZ-02-17 Storage 55 ccfdocx 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 8-10-1(A): 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. C. DISCUSSION: • Staff believes that a BP -DA (Business Park with development agreement) zoning designation for this site and the requested use is appropriate since the parcel is designated Business Park as shown on the Comprehensive Plan Land Use Map. Lands further to the south of this site are either approved for Business Park zoning and development or are proposed for the same. This site is compatible with the sites to the north and east since those sites are expected to develop in a manner consistent with the Business Park designation as specified in the comprehensive plan. The site is compatible with the zoning designation and development to the west since that site is where phase one of Storage 55 is located. • Eagle City Code requires that upon the development of a property and use that requires a conditional use permit within the BP (Business Park) zoning district, the application must be administered through the PUD and/or development agreement process. However, since this site is not in conformance with the minimum acreage requirement often (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 BP zoning district within Section 8-2-3 of Eagle City Code. However, because of the nature of this project, staff believes that the application should proceed through the development agreement process similar to the approval of the storage facility located on the site adjacent to the west. A goal of the BP zoning district is to ensure that new development is compatible with both existing and future development, to be located within a landscaped setting, and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. A second purpose is to ensure that properties come together in a coordinated and well-balanced manner that promote a design character that is in keeping with an intended theme of the city. While uses that are shown as permitted uses may have previously been deemed acceptable in the BP zone (pursuant to the "Official Schedule of District Regulations"- ECC Section 8-2-3) the site may not grow in a synchronized manner and an overall style of the development may be diminished. The development agreement would establish a desired end result of the project at full build out to create a sustainable development. Further, Eagle City Code states that a development agreement allow a specific project with a specific use to be developed on property that is conditional in the requested zone. It may be considered that the development agreement will be equal to a conditional use permit in that it allows for the city to set conditions that require that the development be built in conformance with the previously discussed goals and objectives and similar to the adjacent site. • 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 will be maintained. The applicant has submitted building elevations depicting the design of the outer walls of the facility, which show features that are not typical of a self -storage facility and comparable to the adjacent self -storage facility to the west. The majority of the wall faces are to be constructed with appurtenances, texture variations, and false windows to alleviate the monoplane appearance Page 4 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2017\RZ-02-17 Storage 55 ccf.docx of the long walls and to provide a design character that will be more attuned to anticipated future land uses in the area. • Eagle City Code Section 8-3-3 (D) states that when a commercial use abuts a residential district, the use shall not be located closer than forty -feet (40') to any lot line of the district except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Council is provided. The applicant has shown on the site plan that the buildings are setback from the southern and eastern property lines by ten -feet (10'). When considering a reduction in the minimum yard requirements, the Council will review the screening methods used to justify the reduction, which may include a fence and/or landscaping. It may be considered that because the entire operation and activities of the facility are within a walled complex and landscaping will be provided along the perimeter of said wall, the yard requirement reduction of 50% (20 -feet) may be warranted. Further, since the surrounding parcels are anticipated to be developed with uses consistent with the BP (Business Park) zoning district (as shown within the comprehensive plan) a reduction to ten -feet (10') (as proposed by the applicant) may be regarded as compatible with the surrounding areas (as a point of information, Eagle City Code requires no minimum building setback from the side and rear lot lines in the BP (Business Park) zoning district). Staff will defer to the Planning and Zoning Commission and the City Council regarding this matter. • The applicant has submitted a concept plan of the parcel showing the construction of a self -storage facility. Access to the proposed facility is provided through the existing Storage 55 site located on the adjacent property to the west. The site is proposed to have an emergency access through one (1) driveway on Hill Road, located approximately 900 -feet east of the intersection of Hill Road and State Highway 55. • 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. Staff has interpreted this provision to act as a means to prevent the collection of a multitude of vehicles in open view and stored in conditions considered unsightly. Since the applicant intends to have doors on the separate units, the vehicles will be located out of sight and will not contribute to nuisance glare or clutter; no difference could be made as to the contents of the storage units. Staff recommends that since the doors will shield the storage contents from view (in addition to the walls), vehicle storage in excess of twenty percent (20%) of the site may be allocated to vehicle storage. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends the approval of a rezone from A -R (Agricultural -Residential) to BP -DA (Business Park with a development agreement) with conditions to be placed within a development agreement as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on April 17, 2017, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by one (1) individual who indicated: • The southern property boundary of the site is shown at the incorrect location. Page 5 of 9 K:\Planning Dept Eagle Applications\tz&A\2017\RZ-02-17 Storage 55 cc£docx • The applicant had modified the placement of an existing fence along the southern boundary of the site without the consent of the adjoining property owner. COMMISSION DELIBERATION: (Granicus time 51:43) Upon closing the public hearing, the Commission discussed during deliberation that: • The property boundary dispute between the applicant and the adjacent property owner would best be settled in civil courts if a simpler solution could not be reached. • The rezone for the construction of storage units is reasonable. COMMISSION DECISION: The Commission voted 3 to 0 (Guerber and Koellisch absent) to recommend approval of RZ-02-17 for a rezone from A -R to BP -DA (Business Park with a development agreement) for Storage 55, LLC, with the staff recommended conditions to be placed within a development agreement as provided within their findings of fact and conclusions of law document, dated May 1, 2017. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on June 13, 2017, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). C. Oral testimony in opposition to the application was presented to the City Council by two (2) individual who indicated: • The southern property boundary of the site is shown at the incorrect location. • The applicant had modified the placement of an existing fence along the southern boundary of the site without the consent of the adjoining property owner. • Cross access should be provided from 2835 East Hill Road to 2809 East Hill Road. • Setbacks for the structures are too close to property boundaries. D. Oral testimony neither in favor of nor in opposition to the applicaton was presented by one (1) individual who indicated the following concerns: • The site was improperly noticed. • The proposed use requires a conditional use permit and therefore the rezone should not be considered valid. COUNCIL DECISION: The Council voted 3 to 0 (Soelberg absent) to approve RZ-02-17 for a rezone from A -R to BP -DA (Business Park with a development agreement) for Storage 55, LLC, with the following Planning and Zoning Commission recommended conditions to be placed within a development agreement with underline text to be added by the Council and strike through text to be deleted by the Council: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding design review, building permits, 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 within this Agreement. Page 6 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2017\RZ-02-17 Storage 55 cadocx 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for the Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur or be required. 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 and notice shall be provided as may be required by the City. 3.3 Storage (enclosed building) is the only approved use for the Property. Any change of use will require a modification to this Development Agreement prior to the change of use. 3.4 Owner shall remove the residence and all accessory structures from the site prior to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the removal of said buildings. 3.5 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed garages, the facility is permitted to store said vehicles in excess of the maximum 20% allowed by Eagle City Code. 3.6 The driveway providing access to East Hill Road approximately thirty -feet (30') west of the eastern boundary shall be used for emergency access only by securing the access with a wrought iron gate. 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. 3.7 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 and southern property lines a minimum of ten -feet (10') 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. 3.8 Owner shall construct a five-foot (5') wide meandering concrete sidewalk along East Hill Road abutting the northern property boundary of the site prior to the issuance of a zoning certificate. 3.9 Owner shall install landscaping between the sidewalk and edge of pavement along East Hill Road to extend within 9 -feet from the edge of pavement. The nine -feet (9') between the landscaping and edge of pavement (along the entire frontage of this site) shall be improved with 3/4 minus gravel (or approved equivalent) and graded in accordance with the requirements of ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris in perpetuity. 3.10 Owner shall provide a recorded cross -access agreement to provide access to the Property from the adjoining property to the west (2835 East Hill Road) prior to the issuance of a zoning certificate. 3.11 The building elevations (Exhibit C) consisting of a "Prarie School" 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. 3.12 Owner shall submit a design review application to be reviewed and approved by the Design Review Board prior to the issuance of any building permits. 3.13 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. Page 7 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2017\RZ-02-17 Storage 55 ccfdocx 3.14 Owner shall contract a Professional Land Surveyor to stake the southern nronerty line of the Property prior to the submittal of a design review application for the site. Owner shall Provide documentation showing the location of the stakes in relation to the existing fence located on the Property prior to the issuance of any building permits for the site. 3.15 Owner shall provide a cross -access easement agreement with the adiacent property owner located at 2809 East Hill Road prior to the issuance of any building Hermits for the site. The cross -access easement agreement shall identify a cross -access easement located between the driveway providing access to 2835 East Hill Road and the east property line of the property located at 2809 East Hill Road. The cross -access easement agreement shall be reviewed and approved by the City Attorney_ prior to execution and recordation. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-02-17) 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 is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of BP -DA (Business Park with a development agreement) is consistent with the Business Park 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 all uses allowed on this property under the proposed zone; c. The proposed BP -DA (Business Park with a development agreement) zone is compatible with the BP (Business Park) zone and land use to the north since that area has the same zoning and may be developed in a similar manner at a future date; d. The proposed BP -DA (Business Park with a development agreement) zone is compatible with the RUT (Rural Urban Transition — Ada County Designation) zone and land use to the south since that area is shown as Business Park on the Comprehensive Plan Land Use Map and could be developed in a similar manner at a future date; e. The proposed BP -DA (Business Park with a development agreement) zone is compatible with the BP -DA (Business Park with a development agreement) zone and land use to the east since that area has the same zoning and may be developed in a similar manner at a future date; f. The proposed BP -DA (Business Park with a development agreement) zone is compatible with the BP -DA (Business Park with a development agreement) zone and land use to the west since that area is owned by the applicant and already has a use similar to the proposed storage units, and; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan, and; a. No non -conforming uses are expected to be created with this rezone. Page 8 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2017\RZ-02-17 Storage 55 ccf docx DATED this 27th day of June, 2017. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: )--(1.-e 1-- F--- -- Sharon K. Bergmann, Eagle Ci ', Clerk Page 9 of 9 K \Planning Dept\Eagle Applications\RZ&A\2017\ Z-02-17 Storage 55 ccf docx