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Findings - CC - 2017 - RZ-02-17 - Rezone From Ar To Bp-Da With A Development AgreementBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF REQUESTS FOR
RECONSIDERATON BY STORAGE 55,
LLC AND JAPETH, LLC, PERTAINING
TO A REQUEST FOR 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:
On June 27, 2017, the City Council approved the findings of fact and conclusions of law associated with
RZ-02-17 for a rezone from A -R (Agricultural -Residential) to BP -DA (Business Park with a development
agreement) for Storage 55, LLC. Within the development agreement conditions of development the
applicant was required to provide a cross -access easement agreement with the adjacent property owner
located at 2809 East Hill Road prior to the issuance of any building permits for the site. The cross -access
easement agreement was to identify a cross -access easement located between the driveway that provides
access to 2835 East Hill Road and the east property line of the property located at 2809 East Hill Road.
The above entitled requests for reconsideration by Storage 55, LLC, and Japeth, LLC pertains to the
aforementioned requirement of cross -access. The requests for reconsideration first came before the City
Council for their consideration on July 11, 2017. During the meeting for the requests for reconsideration
new information was provided that was not part of the original public hearing. The City Council continued
this item for further consideration. On July 25, 2017, the City Council remanded the reconsideration
requests to staff for further review and to schedule a public hearing to incorporate the new information.
On August 22, 2017, the City Council conducted a public hearing on the application to consider new
information provided by staff and the applicant. The 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:
Requests for reconsideration of RZ-02-17 by: 1) Storage 55, LLC, represented by Modus
Architecture Collective and, 2) Japeth, LLC, represented by Hawley, Troxell, Ennis, and Hawley,
LLP.
Storage 55, LLC, requested condition of approval 3.15 regarding the requirement for a cross access
easement be removed. Japeth, LLC, requested condition 3.15 remain or requested that the rezone
be denied.
The 2 -acre site is located on the south side of East Hill Road approximately 650 -feet east of State
Highway 55.
B. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing for consideration of the new information provided during the City
Council's July 11, 2017, reconsideration meeting was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 5, 2017.
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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 31, 2017. The site was posted in accordance with the Eagle City Code
on August 12, 2017.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Storaee 55. LLC property located at 2871 East Hill Road (RZ-02-17):
On July 24, 2007, the Eagle City Council approved a rezone from A -R (Agricultural -Residential)
to BP -DA (Business Park with a development agreement) (RZ-05-07).
On December 13, 2007, the executed development agreement associated with RZ-05-07 was
recorded (Ada County Instrument #107164795).
On March 11, 2008, the Eagle City Council approved a design review application for a self -storage
facility (DR -93-07).
On March 11, 2009, the design review approval for DR -93-07 expired.
On November 19, 2014, the executed development agreement associated with RZ-05-07 expired.
On June 13, 2017, the City Council approved a rezone from A -R (Agricultural -Residential) to BP -
DA (Business Park with a development agreement) for Storage 55, LLC (RZ-02-17).
On June 27, 2017, Bruce Poe with Modus Architecture Collaborative representing Storage 55, LLC,
requested reconsideration of the conditions the City Council attached to the properties that were
subject of rezone application #RZ-02-17.
On July 10, 2017, Jay Walker with AllTerra Consulting and Timothy Tyree with Hawley Troxell
representing Japeth, LLC (owner of the properties located at 2805 and 2809 East Hill Road) filed
a request for reconsideration of the City Council's decision regarding rezone application #RZ-02-
17.
Storaue 55. LLC. property located at 2835 East Hill Road (RZ-15-04):
On March 22, 2005, the Eagle City Council approved a rezone with a development agreement for
Storage 55, LLC (RZ-15-04).
On June 23, 2005, the executed development agreement associated with RZ-15-04 was recorded
(Ada County Instrument #105083143).
On September 13, 2005, the Eagle City Council approved a design review application for a self -
storage facility and associated office (DR -44-05).
Japeth. LLC. property located at 2805 and 2809 East Hill Road (RZ-06-99 and RZ-06-99
MOD):
On January 11, 2000, the City Council approved a rezone from R-4 (Residential) and M -1A
(Industrial Park District) to C -3 -DA (Highway Business District with a development agreement)
for Sharon Patterson (RZ-06-99).
On February 8, 2000, the executed development agreement associated with RZ-06-99 was recorded
(Ada County Instrument #100009656).
On October 11, 2016, the City Council approved a development agreement modification for
Douglas B. Clegg (RZ-06-99 MOD).
On November 21, 2016, the executed amended and restated development agreement associated
with RZ-06-99 MOD was recorded (Ada County Instrument #2016-112982).
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-10-1: Development Agreements: 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 for all uses allowed or conditional in the requested zone.
B. CONDITION OF DEVELOPMENT PROVISION WHICH IS OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (required with approval of RZ-02-17):
3.15 Owner shall provide a cross -access easement agreement with the adjacent property owner located
at 2809 East Hill Road prior to the issuance of any building permits 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.
C. DISCUSSION (see page 13 of 13 for Index of Exhibits):
• On January 11, 2000, the City Council approved a rezone with development agreement (RZ-06-
99) associated with property located at the southeast corner of State Highway 55 and East Hill Road
(2805 and 2809 East Hill Road) (Exhibit "A"). The request was to allow for a convenience store
with fuel service. Ada County Highway District (ACHD) provided correspondence approving the
proposed development (Exhibit "B").
Item "A" of the Facts and Findings of the ACHD approval indicated that the property contains 195 -
feet of frontage adjacent to Hill Road. Item "F" of the Facts and Findings indicated that the
applicant was proposing to construct a 30 -foot driveway on Hill Road located 190 -feet east of State
Highway 55. The driveway location was not in conformance with the required 220 -feet (District
policy) of separation between the proposed driveway and State Highway 55 for a right-in/right-out
driveway on Hill Road, or the District's policy of 440 -feet of separation between the proposed
driveway and State Highway 55 for a full-service driveway on Hill Road. ACHD staff did not
recommend a variance to the policy based on the road classifications of Hill Road and State
Highway 55. Therefore, the applicant was required to construct a right-in/right-out only driveway
on Hill Road. The applicant was also required to construct a median in the center of East Hill Road
and to sign the access driveway for "No Left Turns."
The ACHD approval also contained a condition requiring the applicant/owner of the property
located at 2805 and 2809 East Hill Road to provide a recorded cross -access easement for the parcel
located directly to the east (2871 East Hill Road) for access to the public streets prior to issuance
of a building permit (or other required permits). Item "I" indicated that District policy states that
direct access to arterials and collectors is normally restricted and the developer shall try to use
combined access points. The City also required a cross -access easement as a condition of
development (#2.4) within the development agreement (Exhibit "C"). The applicant did not
appeal this condition.
Japeth, LLC, filed for a development agreement modification of RZ-06-99 in 2016. On October
11, 2016, the City Council approved a development agreement modification (RZ-06-99 MOD) for
Douglas Clegg (Japeth, LLC) (Exhibit "D"). Through the modification Mr. Clegg was seeking a
right -in only access from State Highway 55, removal of Condition of Development #2.5 (requiring
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a conditional use permit for a fuel station use), and the addition of a specific building elevation as
an exhibit to the development agreement. In response to an agency transmittal sent out by the City
of Eagle, ACHD provided correspondence (Exhibit "E") which indicated that ACHD would allow
a temporary full access driveway to East Hill Road. The correspondence also indicated that the
driveway would be restricted to right-in/right-out in the future (as determined by ACHD due to
increase of traffic and related accidents) (Exhibit "E"). For that reason, ACHD recommended that
the applicant continue to work with the adjacent property owner to the east to secure cross -access.
During the hearing process, the applicant, Mr. Clegg, requested that Condition of Development
#2.4 remain in place (to provide a recorded cross -access easement for the parcel to the east). This
request was made by the applicant with the applicant's knowledge that the property located to the
east has a full access driveway onto East Hill Road and does not need reciprocal cross access to the
applicant's property (2805 and 2809 East Hill Road) to gain full movement assess to East Hill
Road. An Amended and Restated Development Agreement was executed approving the right -in
only access from State Highway 55, the fuel station use, and the requirement for the applicant to
provide a cross -access easement for the parcel to the east (Exhibit "F").
• In 2017, Storage, 55 LLC filed for a rezone with a development agreement (RZ-02-17) for the
parcel east of the current Storage 55, LLC property. On June 13, 2017, the City Council approved
the rezone with development agreement [for the property located at 2871 East Hill Road and the
adjacent property located to the east] from A -R (Agricultural -Residential) to BP -DA (Business
Park with a development agreement) for Storage 55, LLC (Exhibit "G"). The requested rezone is
to allow the applicant to construct a storage facility (enclosed building) on the site. The applicant
also owns and operates the existing storage facility located on the adjacent property to the west at
2835 East Hill Road. The applicant is proposing to construct a cross -access located between the
existing and the proposed storage facilities. For all intents and purposes, this application is an
additional phase and build out of additional storage units all to operate as Storage 55.
ACHD provided recommendations to the City (Exhibit "H") on rezone application RZ-02-17 that
the applicant be required to utilize a cross -access with the existing storage facility located west of
the proposed development and that any access to the site from East Hill Road be for emergency
purposes only.
During the public testimony associated with the rezone of the property located at 2871 East Hill
Road and the adjacent property, the property owner (Japeth, LLC, through legal counsel) of the
properties located at 2805 and 2809 East Hill Road requested that the applicant be required to
provide cross -access across the property located at 2835 East Hill Road to the eastern property line
of 2809 East Hill Road. (Page 6 of 9, Exhibit "G") The request by the adjacent property owner
was based on a concern that the driveway providing access to the properties located at 2805 and
2809 East Hill Road may be restricted to a right-in/right-out only in the future and historical
understanding that this reciprocal cross -access was contemplated with the RZ-06-99 and RZ-06-99
MOD rezone applications.
The applicant's representative for rezone application RZ-02-17 provided no additional information
about this request from the adjacent property owner but objected to the proposed condition. There
was discussion regarding the impact of the internal cross -access of the Storage 55 properties and
the ultimate result that all Storage 55 customers would be able to utilize the cross -access currently
required to be provided by the adjacent property (Japeth, LLC). The City Council also discussed
the concerns of having the main access point at 2809 Hill Road so close to a busy intersection and
having alternative access may be prudent for safety reasons. The applicant's representative did not
provide a history regarding the approval of the full access driveway currently being utilized by the
existing storage facility. After deliberation regarding these matters, the City Council added a
condition of development requiring the applicant to provide a cross -access easement across the
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property located at 2835 East Hill Road to the adjacent property located at 2809 East Hill Road
prior to the issuance of any building permits for the site (located at 2871 East Hill Road). The
applicant was also required to provide a cross -access easement agreement to identify the 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 (Japeth, LLC). (Condition 3.15,
Page 8 of 9, Exhibit "G")
On June 27, 2017, the City received a request for reconsideration by the applicant's representative
pursuant to I.C. 67-6535. On July 10, 2017, the City also received a request for reconsideration by
Japeth LLC's representative.
• The applicant's request for reconsideration (Exhibit "I") is based on the following: 1) The property
where the existing storage facility is located is not the subject of the rezone application being
considered (RZ-02-17), 2) the applicant is being required to provide cross -access due to the
intensive use (convenience store) being proposed at the corner of State Highway 55 and East Hill
Road. The amount of traffic potentially generated by a convenience store at the intersection is a
concern to ACRD, so the agency has restricted the convenience store access to East Hill Road to
right-in/right-out only, 3) the owner of the property (Japeth, LLC) where the proposed convenience
store is to be located proposed a solution to construct an access road across the Storage 55 property,
which would require a cross -access agreement between the two private property owners, and 4) the
rezone application applies to the two parcels immediately to the east of Storage 55. The applicant
also indicated that the owner of Storage 55 does not need access to the properties located at the
corner of East Hill Road and SH -55 and has no interest in allowing a private developer to build an
access road across his property for the adjacent developer's personal gain.
Item #1
Although the existing storage facility is not subject of the rezone application (RZ-02-17) the
applicant is proposing to utilize cross -access through the existing storage facility site to Hill Road.
Item #2 and #5
The applicant is not requesting nor do they require cross -access to the property where the
convenience store is proposed (Japeth, LLC property).
Item #3
Japeth, LLC, desires to construct an access road across the Storage 55 property to provide a
connection to the Storage 55 access road. Since the applicant for rezone application RZ-02-17 is
not requesting cross -access or requires cross -access they are not in support of allowing an access
road to be constructed across their property.
Item #4
Other than providing cross -access for the property that is subject of rezone application RZ-02-17,
as previously mentioned, the owner is not requesting cross -access of the property where the
convenience store is proposed to be located (Japeth, LLC property).
• The adjacent property's representative, AllTerra Consulting, submitted correspondence requesting
denial of the applicant's request for reconsideration. (Exhibit "J") The request indicated that based
on the original, previously recorded development agreement (Exhibit "C") Condition of
Development #2.4 required the developments (mainly, Storage 55 and Japeth property) to provide
a recorded joint use access easement for the parcels. The findings of fact and conclusions of law
for the existing Storage 55 property (Exhibit "L") contain jurisdictional changes/challenges of
oversight between the city and ACHD, the easement requirement was lost or diluted of importance
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from the original required joint access easement between properties. As part of the development
agreement modification (Exhibit "D") Japeth, LLC, is required to provide a recorded cross -access
easement for the parcel to the east to use the parcel for access to the public streets prior to issuance
of a building permit. The request further states that without a reciprocal condition requiring
cross/joint access, use and safety are compromised contrary to city and ACHD best interests.
Further, the request indicated that the requirement for Japeth, LLC, to provide cross -access resolves
the decade -old dual development agreement requirement for joint access easements.
The developer of the property located at 2835 East Hill Road (Storage 55) was not required to
provide cross -access since the intersection of State Highway 55 and East Hill Road was proposed
to be signalized and the proposed driveway location was in conformance with ACRD policies, as
outlined in their approvals (Exhibits "P -Q"). The requirement of a cross -access easement was not
lost or diluted, it was simply not required due to the signalization of the intersection. In regard to
the requirement for Japeth, LLC, to provide cross -access resolving the decade -old dual
development agreement requirement for joint access easements the owner(s) of the Storage 55 site
were never required to provide a joint access easement with the owner of the Japeth, LLC property.
The requirement for Japeth, LLC to provide cross -access to the adjacent property located to the
east (Storage 55 property) was at the request of Japeth, LLC. As noted in the ACHD approvals
(Exhibits "P -Q") associated with the Storage 55 site, their access was approved in its current
configuration and may be restricted to right-in/right-out only if safety and/or efficiency should
become a concern in the future.
• On July 10, 2017, Japeth LLC's legal counsel, Timothy W. Tyree, with Hawley, Troxell, Ennis,
and Hawley, LLP, also filed a request for reconsideration (Exhibit "K"). The request is for the
City Council to reconsider their decision and deny the application based on the following: 1) the
application should not have been a new rezone application but an amendment to the existing
entitlements for the existing Storage 55 property (located at 2835 East Hill Road). The proposed
project is an expansion of the existing Storage 55 location; therefore, the City Council should deny
the applicant's rezone application, 2) the site was improperly posted and should be noticed
properly, 3) a nexus was created due to the requested rezone is to allow an expansion of the existing
storage facility that will gain access through the existing facility which will permit more traffic to
travel from the existing location onto Japeth's property as a result of the Council's prior decision
to require (as a condition of approval to the development agreement associated with the Japeth
property) cross -access from the existing Storage 55 property onto Japeth's property, 4) the rezone
is not in accordance with the comprehensive plan, 5) the proposed building is not in conformance
with the required setbacks, 6) the proposed use will be hazardous or disturbing to existing or future
neighboring uses, 7) the proposed use will be detrimental to the economic welfare of the
community, 8) the proposed use will involve uses and conditions of operation that will be
detrimental to any persons, or property by reason of excessive production of traffic and will have
vehicular approaches to the property as to create an interference with traffic on surrounding public
thoroughfares, and 9) Mr. Poe's request for reconsideration is improper as he did not provide
testimony at the initial hearing.
Item #1
The property was addressed through a separate rezone due to the change of ownership and separate
properties from the original rezone (RZ-15-04) associated with the Storage 55 site.
Item #2
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The applicant provided documentation of the site posting showing the site was posted properly
pursuant to Eagle City Code. It was unknown when one side of the site posting was removed or
destroyed.
Item #3
Although the proposed storage facility will gain access through the driveway associated with the
existing storage facility that traffic will not travel from the existing facility onto the Japeth, LLC,
property since the existing facility has a separate access to East Hill Road and the applicant is not
proposing a cross -access driveway to the Japeth, LLC, property, therefore, a nexus in regard to
access was not created. If Japeth, LLC, is concerned with the condition of approval requiring
Japeth, LLC, to provide cross -access to the adjacent property to the east (Storage 55) the city would
be supportive of removing the condition of development associated with the cross -access.
Item #4
The rezone is in conformance with the comprehensive plan since the requested zoning of BP -DA
(Business Park with a development agreement) zoning designation is in accordance with the
Business Park designation shown on the Comprehensive Plan Land Use Map.
Item #5
The setback requirements for the BP (Business Park) zoning designation are 20 -feet front and 0 -
feet on the rear and sides. The site plan, date stamped by the city on February 23, 2017, shows the
front of the building located adjacent to East Hill Road to be 30 -feet from the property line. The
sides and rear portions of the building are shown to be 10 -feet from the respective property lines.
Therefore, the site plan shows the structure located in conformance of the required setbacks.
Item #6
The proposed use will not be hazardous or disturbing to existing uses or future neighboring uses
since the property located to the west is developed in a similar manner, the property located to the
east has the same zoning designation, and the proposed building will mitigate any impacts to the
adjacent property located to the south.
Item #7
The proposed use will not be detrimental to the economic welfare of the community since the
applicant is required to provide the required infrastructure to serve the site.
Item #8
The proposed use will not involve uses and conditions of operation that will be detrimental to any
persons, or property by reason of excessive production of traffic and will have vehicular approaches
to the property as to not create an interference with traffic on surrounding public thoroughfares
since the application was reviewed and approved by ACHD (Exhibit "H").
Item #9
Mr. Poe's request for reconsideration is proper since he is the applicant's representative associated
with the rezone application (RZ-02-17).
On July 11, 2017, the City Council reviewed both requests for reconsideration. At the discretion of
the City Council, testimony was provided by both parties.
The applicant was represented by legal counsel, Heather Cunningham. Ms. Cunningham asserted
that if condition 3.15 remained that it amounted to a takings of property and cited prior documents
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and historical information that the applicant had not brought up or discussed in the Planning and
Zoning public hearing or City Council public hearing prior to the Request for Reconsideration.
Japeth LLC's representative, Tim Tyree, also testified. His testimony was largely based on the
information set forth in the written request for reconsideration and prior testimony at the City
Council public hearing.
After reviewing the request for reconsideration by the applicant and the request for reconsideration
filed by the adjacent landowner, Japeth LLC, the City determined that in order to decide the matter,
the City would need the opportunity to review the documents and information referenced in the
written submittals by both applicant and Japeth as part of the request for reconsideration as well as
the oral testimony provided by the applicant's and Japeth's attorneys.
The "record" for purposes of the Local Land Use Planning Act and the Idaho Administrative
Procedures Act, closes upon the closing of the public hearing with City Council. All subsequent
procedures, including reconsideration, is part of the appellate process. In order for the City Council
to rely on the additional information and testimony, the City Council would need to open the record
and hold another public hearing in the interests of due process.
Accordingly, the City Council moved to remand the matter to staff and supplement the record with
the documents that were discussed or provided additional historical information on these two
applications and properties located at 2385 East Hill Road and 2809 East Hill Road.
The staff has reviewed many documents in the following files: RZ-06-99 and RZ-06-99 MOD. RZ-
15-04. RZ-05-07. and RZ-02-17. Based on this additional information the staff will recommend
some changes to the conditions set forth for RZ-02-17.
The following is additional relevant information that impacts this application.
• On July 24, 2007, the City Council approved a rezone from A -R (Agricultural -Residential) to BP -
DA (Business Park with a development agreement) of the same site that is subject of the current
rezone application (RZ-02-17). The request was to rezone the property to facilitate the construction
of a self -storage facility. The application was approved with conditions to be placed in development
agreement as identified in the findings of fact and conclusions of law, dated August 14, 2007
(Exhibit "L").
ACID provided correspondence (Exhibit "M") which encouraged the applicant to use combined
access points and restricting the Hill Road access with a means approved by the fire department
(i.e. gate, bollards, et cetera). The applicant was proposing to access the site from the existing
driveway providing access to the Storage 55 site located at 2835 East Hill Road and providing an
emergency only access to the property from East Hill Road.
One of the conditions of development (#3.14) within the executed development agreement (Exhibit
"N") stated that the city would not adopt an ordinance to rezone the property until the property line
dispute (brought to the Council's attention during the public hearing process) is resolved associated
with the southern property line adjacent to the property located at 9605 North Horseshoe Bend
Road. The development agreement terminated prior to resolution of the property line dispute.
During the public hearing process, no other concerns or requests (other than the property line issue)
were brought to the Council's attention. Also, no appeals of the Council's decision were filed.
• On March 8, 2005, the City Council approved a rezone from A -R (Agricultural -Residential) to BP -
DA (Business Park with a development agreement) for the construction of a self storage facility.
The application was approved with conditions to be placed in a development agreement as
identified in the findings of fact and conclusions of law, dated March 22, 2005 (Exhibit "0"). The
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findings of fact and conclusions of law document indicated (last paragraph on page 5 of 10,
Exhibit "0") that since ACHD included the signalization of Hill Road and State Highway 55 into
the District's Five Year Work Program and in the future, it is anticipated that Hill Road would be
widened to include a median strip. Because of these measures ACHD did not require the applicant
to provide cross -access to the property located west of the site (as was previously required of the
adjacent property [Japeth property]), since the minimum driveway offsets could be achieved and
ACRD anticipated allowing the parcel to the west (Japeth property) to have a right-in/right-out
driveway only once the Hill Road/State Highway 55 intersection is approved and signalized.
ACHD provided two (2) correspondences (Exhibits "P -Q") approving a single access point to Hill
Road located 395 -feet east of State Highway 55 based on the separation from State Highway 55
and the adjacent driveways located on the same side of Hill Road. Both correspondences indicate
that once the Hill Road and State Highway 55 intersection becomes signalized, the District may
restrict this driveway to a right-in/right-out driveway ONLY if safety and/or efficiency should
become a concern in the future. (top of page 4, Exhibits "P -Q")
• During the public hearing process associated with the storage facility to be located at 2835 East
Hill Road no testimony or requests regarding cross -access with the adjacent site located to the west
(Japeth, LLC property) were received. No appeal was filed regarding the Council's decision to not
require cross -access to the adjacent property located west of the site (Japeth, LLC property).
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based on the additional information provided to date and background of these properties and the other
Storage 55 property, it is staffs recommendation to strike condition 3.15. Additionally, because Japeth
LLC's is currently required to continue to provide the one-way cross access in its development agreement,
staff would recommend that the City approve a development agreement modification to Japeth LLC's
development agreement if they desired to bring it forward to delete the provision requiring the cross -access.
The record shows that Japeth LLC was under notice that ACRD was no longer requiring cross -access
points. No cross -access has been constructed but only remains on Japeth LLC's development agreement.
Now that the Storage 55 parcel has its' own access point which did not exist at the time the condition was
imposed, it rendered the need for cross -access moot.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing to consider the new information provided during the City Council's July 11, 2017,
reconsideration meeting was held before the City Council on August 22, 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 regard to the Japeth, LLC, request for consideration was presented to the City Council
by two (2) representatives of Japeth, LLC who indicated the following:
• The requirement for the creation of a cross -access easement on the property located at 2809 East
Hill Road originated around the year 2000 when a rezone was approved to allow a convenience
store with fuel islands on the property.
• The property located at the southeast corner of SH-55/Hill Road was approved to be developed
first; therefore, if the requirement of cross -access is removed it will exacerbate the access problem
to Hill Road.
• The requirement to provide cross -access will protect the public by providing safer access to Hill
Road.
• The City Council has a legitimate right to require cross -access since it was previously required.
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• The expansion of uses in the area will increase traffic.
• The development agreements associated with the sites historically contained provisions requiring
cross -access.
• With the requirement of cross -access, it will reduce traffic to the residential areas located in
proximity to the site.
C. Oral testimony in regard to the Storage 55, LLC, request for reconsideration was presented to the City
Council by no one.
COUNCIL DECISION:
The Council voted 3 to 1 (Preston opposed) to deny the request for reconsideration by Japeth, LLC. The
Council's decision to deny the request was based on the previous approvals associated with the Japeth,
LLC, and Storage 55, LLC, properties regarding access to East Hill Road. The denial is also based on the
fact that, at the time the approvals occurred, those decisions were not appealed by any affected parties.
The Council voted 3 to 1 (Preston opposed) to approve the Storage 55, LLC, request for reconsideration to
remove condition #3.15 as identified within the Council's findings of fact and conclusions of law, dated
June 27, 2017, associated with RZ-02-17 for a rezone from A -R to BP -DA (Business Park with a
development agreement). The following conditions shall be placed within a development agreement with
strike through text to be deleted by the Council (The exhibit references within the following conditions are
not part of the referenced exhibits identified in Item C "Discussion," under the "Staff Analysis" section
provided within the Staff Report provided herein):
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.
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
Page 10 of 13
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of the development on adjacent residences. All new construction shall be setback from the eastern
and southern property lines a minimum often -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 "Prairie 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.
3.14 Owner shall contract a Professional Land Surveyor to stake the southern property 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.
prio •rte -exec `bon w d-reeefdatiem
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
Page 11 of 13
K:1Planning Dept\Eagle Applications\RZ&A12017\RZ-02-17 Storage 55 ccf reconsideration.docx
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;
The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan, and;
h. No non -conforming uses are expected to be created with this rezone.
2. Eagle City Code Section 8-10-1 states that a development agreement allows 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. The development includes required conditions to guide the
appropriate development of the subject site. The City Council has held public hearings to consider
affected parties' concerns and has made affirmative findings of fact and conclusions of law consistent
with those required in Eagle City Code Section 8-7-5: Amendments. These conditions, in part, will
ensure that the site is designed to be compatible with surrounding uses (and future uses) and that the
structure is built to be aesthetically pleasing and harmonious with the design goals and objectives of
the city.
g.
DATED this 12th day of September, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cgynty, Idaho
Stan Ridgeway, Mayor
ATTEST:
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Page 12of13
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INDEX OF EXHIBITS
(Referenced in Findings of Fact — Item "C" Discussion)
Janeth. LLC. property located at 2805 and 2809 East Hill Road (RZ-06-99 and RZ-06-99 MOD):
Findings of Fact and Conclusions of Law (RZ-06-99), dated January 25, 2000 (Exhibit "A")
ACHD staff report, date stamped by the city on November 23, 1999 (Exhibit "B")
Development Agreement (RZ-06-99), Instrument # 100009656 (Exhibit "C")
Findings of Fact and Conclusions of Law, dated October 25, 2016 (Exhibit "D")
ACHD correspondence, date stamped by the city on October 4, 2016 (Exhibit "E")
Amended and Restated Development Agreement (RZ-06-99 MOD), Instrument #2016-112982 (Exhibit
«Flf)
Storage 55. LLC nronerty located at 2871 East Hill Road (RZ-02-17):
Findings of Fact and Conclusions of Law, dated June 27, 2017 (Exhibit "G")
ACHD staff report, date stamped by the city on March 15, 2017 (Exhibit "H")
Request for Reconsideration on behalf of Storage 55, LC, submitted by Bruce Poe with Modus Architecture
Collaboration, date stamped by the city on June 27, 2017 (Exhibit "I")
Correspondence received from Jay Walker with AllTerra Consulting, LLC, date stamped by the city on
July 10, 2017 (Exhibit "J")
Request for Reconsideration on behalf of Japeth, LLC, submitted by Timothy W. Tyree with Hawley,
Troxell, Ennis, and Hawley, LLP, date stamped by the city on July 10, 2017 (Exhibit "K")
Previous rezone (RZ-05-07) associated with 2871 East Hill Road:
Findings of Fact and Conclusions of Law, dated August 14, 2007 (Exhibit "L")
ACHD staff report ERZ-05-07, date stamped by the city on March 29, 2017 (Exhibit "M")
Development Agreement (RZ-05-07), Instrument #1107164795 (Exhibit "N")
Storage 55. LLC. nronerty located at 2835 East Hill Road (RZ-15-04):
Findings of Fact and Conclusions of Law, dated March 28, 2005 (Exhibit "0")
ACRD staff report (ERZ-15-04), date stamped by the city on January 4, 2015 (Exhibit "P")
ACHD staff report (EDR-44-05), date stamped by the city on May 24, 2005 (Exhibit "Q")
Development Agreement (RZ-15-04), Instrument #105083143 (Exhibit "R")
Page 13 of 13
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Exhibit "A"
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM R-4 (RESIDENTIAL) AND )
M -1A (INDUSTRIAL PARK DISTRICT) TO C -3 -DA )
(HIGHWAY BUSINESS DISTRICT WITH A )
DEVELOPMENT AGREEMENT) FOR SHARON )
PATTERSON
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-6-99
The above -entitled rezone application came before the Eagle City Council for their action on
January 11, 2000. 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:
Sharon Patterson is requesting a rezone from R-4 (Residential) and M -1A
(Industrial Park District) to C -3 -DA (Highway Business District with a
development agreement). The 1 -acre site is located on the southeast corner of
State Highway 55 and Hill Road at 2809 Hill Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 30,
1999.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on October 27, 1999. 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 October 29, 1999. Requests for
agencies' reviews were transmitted on October 22, 1999 in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 9, 1999, the Eagle City Council approved of a Comprehensive Plan
Amendment from Industrial to Commercial for this site.
E. COMPANION APPLICATIONS: None
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
Industrial —1997 Comp
Plan
Approved to be
Commercial — 2000
Comp Plan)
Commercial
Industrial —1997 Comp
plan
Business Park - 2000
Comp Plan
Industrial —1997 Comp
plan
Business Park - 2000
Comp Plan
Industrial —1997 Comp
plan
Business Park - 2000
Comp Plan
Medium Density
Residential —1997
Comp Plan
Mixed Use — 2000
Comp Plan •
ZONING
DESIGNATION
R-4 (Residential) and M -
1A (Industrial Park
District)
C-3 (Highway Business
District)
M -1A (Industrial Park
District)
A -R (Residential)
A -R (Residential)
R-4 (Residential)
LAND USE
Residence and vacant
Convenience store with
fuel service
Gravel pit
Commercial equestrian
related activities
Commercial equestrian
related activities and
residential uses
Vacant
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. TOTAL ACREAGE OF SITE: 1 -acre (approx.)
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See the document titled, "Addendum — Rezone Application Submittal
Requirements" attached to the application for this item.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable):
See the document titled, "Addendum — Rezone Application Submittal
PaoP of 7
Requirements" attached to the application for this item.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters have been received by Central District Health and
Eagle Sewer District.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently
exists.
M. NON -CONFORMING USES:
Based upon the information available, the proposed rezone is in conformance with
applicable provisions of Eagle City Code.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
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: (None)
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
C. DISCUSSION:
• With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes
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 C-3 is in accordance with the
Commercial classification shown on the Comprehensive Plan Land Use Map;
b. A convenience store with fuel service will lessen vehicle trips on the roadway
system by providing support to the business park uses planned on a large
majority of the land between old and new Highway 55 both north and south of
this site and will complement the Central Business District because if a
convenience store with fuel service is not located in this location one would
more than likely be located further east to provide service to Eagle residents
traveling to Boise on Hill Road and if that occurred the property taxes
generated would not benefit Eagle;
c. 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 any and all uses allowed on this
property under the proposed zone;
d. The proposed C-3 zone will be compatible with the existing A -R zoning
designation and commercial equestrian related activities and residential uses
to the east because, due to the Business Park designation within the
Comprehensive Plan, it is anticipated that business park type development
will occur in this area, and, until the adjacent uses redevelop, any commercial
development is required, 'by the Eagle City Code, to provide adequate buffers
between proposed commercial developments and existing residential uses;
e. The proposed C-3 zone will be compatible with the existing R-4 zoning
designation to the west because, due to the Mixed Use designation within the
Comprehensive Plan and since the property is vacant, it is anticipated that
light commercial and/or multifamily residential uses will occur in the area,
and, until the adjacent land redevelop, any commercial development is
required, by the Eagle City Code, to provide adequate buffers between
proposed commercial developments and existing residential zoning districts;
f. The proposed C-3 zone will be compatible with the existing A -R zoning
designation and commercial equestrian related activities to the south because,
due to the Business Park designation within the Comprehensive Plan and
since the property is vacant, it is anticipated that business park type
development will occur in this area, and, until the adjacent uses redevelop, any
commercial development is required, by the Eagle City Code, to provide
adequate buffers between proposed commercial developments and existing
residential uses;
g. The proposed C-3 zone is compatible with the M -1A zoning designation and
land use to the north since the uses allowed within a C-3 zone are somewhat
similar to the uses allowed within an M -1A zone and since a gravel pit is
much more intensive than C-3 (Highway Business District) type uses;
h. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan; and
i. No non -conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of the
requested rezone with a development agreement.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 6, 1999, at which time testimony was taken and the public hearing was closed.
The Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
0 0
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one (not including the applicant).
COMMISSION DECISION:
The Commission voted 3-0 to recommend approval of RZ-6-99 for a rezone from R-4
(residential) and M -1A (Industrial Park District) to C -3 -DA (Highway Business District
with a development agreement) for Sharon Patterson.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on January 11,
2000, 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 this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not
including the applicant).
D. Written testimony in opposition to this proposal was presented to the City Council by one (1)
individual who felt that a gas station in this location would increase the traffic problems at an
already dangerous intersection, does not fit in with the Economic Development guidelines of
the 2000 Comprehensive Plan, and that a master plan for the entire around this proposal
should be developed and approved prior to approving this project. The letter is incorporated
into these findings by reference.
COUNCIL DECISION:
The Council voted 4-0 to approve RZ-6-99 for a rezone from R-4 (residential) and M -1A
(Industrial Park District) to C -3 -DA (Highway Business District with a development
agreement) for Sharon Patterson.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 30, 1999.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on October 27, 1999. 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 October
29, 1999. Requests for agencies' reviews were transmitted on October 22, 1999 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 24, 1999. Notice of this public hearing was mailed to property
Pace 5 of 7
owners within three -hundred feet (300 -feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 23,
1999.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-6-
99) 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 C -3 -DA is in accordance with the
Commercial classification shown on the Comprehensive Plan Land Use Map;
b. A convenience store with fuel service will lessen vehicle trips on the roadway
system by providing support to the business park uses planned on a large
majority of the land between old and new Highway 55 both north and south of
this site and will complement the Central Business District because if a
convenience store with fuel service is not located in this location one would
more than likely be located further east to provide service to Eagle residents
traveling to Boise on Hill Road and if that occurred the property taxes
generated would not benefit Eagle;
c. 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 any and all uses allowed on this
property under the proposed zone;
d. The proposed C-3 zone will be compatible with the existing A -R zoning
designation and commercial equestrian related activities and residential uses
to the east because, due to the Business Park designation within the
Comprehensive Plan, it is anticipated that business park type development
will occur in this area, and, until the adjacent uses redevelop, any commercial
development is required, by the Eagle City Code and the development
agreement with this application, to provide adequate buffers between proposed
commercial developments and existing residential uses;
e. The proposed C-3 zone will be compatible with the existing R-4 zoning
designation to the west because, due to the Mixed Use designation within the
Comprehensive Plan and since the property is vacant, it is anticipated that
light commercial and/or multifamily residential uses will occur in the area,
and, until the adjacent land redevelop, any commercial development is
required, by the Eagle City Code, to provide adequate buffers between
proposed commercial developments and existing residential zoning districts;
f. The proposed C-3 zone will be compatible with the existing A -R zoning
designation and commercial equestrian related activities to the south because,
due to the Business Park designation within the Comprehensive Plan and
since the property is vacant, it is anticipated that business park type
development will occur in this area, and, until the adjacent uses redevelop, any
commercial development is required, by the Eagle City Code and the
development agreement with this application, to provide adequate buffers
between proposed commercial developments and existing residential uses;
g. The proposed C-3 zone is compatible with the M -1A zoning designation and
Page 6 of 7
C C?
land use to the north since the uses allowed within a C-3 zone are somewhat
similar to the uses allowed within an M -1A zone and since a gravel pit is
much more intensive than C-3 (Highway Business District) type uses;
h. The land proposed for rezone is not located within a "Hazard Area" or
"Special Area" as described within the Comprehensive Plan; and
i. No non -conforming uses are expected to be created with this rezone.
DATED this 25th day of January, 2000.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yzagu' : yor
ATTEST:
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Page 7 of 7
Exhibit "B"
_AhtLurniiytwj
Sherry R. Huber, President
Judy Peavey -Derr, Vice President
Marlyss Meyer Routson, Secretary
Dave Bivens, Commissioner
Susan S. Eastlake, Commissioner
TO:
FROM:
November 11, 1999
Mark Butler
City of Eagle
P O Box 477
Eagle, ID 83616
0 RI -Mk
318 East 37th Street—
Garden City, Idaho 83714-6499
Phone (208) 387-6100
Fax (208) g�1
E-mdlf, .. � r ��r' 387-fF iED
CITY OF EAGLE
N O V 2 3 1999
Steve Arnold, Principal Development Analyst
Ada County Highway District
SUBJECT: ERZ-06-99 — Hill Road & Hwy 55
Rezone From M-1 to C-3
Your application for the above referenced project was acted on by the
Commissioners of the Ada County Highway District on November 10, 1999.
The attached staff report lists conditions of approval and street
improvements, which are required.
If you have any questions, please feel to call me at 387-6170.
cc: Plan&Dev Svsc-Chron/File
John Edney
Chuck Rinaldi
HILL ROAD
APPX, 9.6 ACRES
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Facts and Findings:
A. General Information
Owner - Sharon Patterson
Applicant - The Land Group
M-1 - Existing zoning
C-3 - Requested zoning
1 - Acres
180 & 242 - Traffic Analysis Zone (TAZ)
North Ada - Impact Fee Benefit Zone
Far Rural - Impact Fee Assessment District
Hill Road
Minor arterial with bike lane designation
Traffic count 2,472 on 4-29-98
195 -feet of frontage
54 -feet existing right-of-way (27 -feet from centerline)
96 -feet required right-of-way (48 -feet from centerline)
Hill Road is improved with 37 -feet of pavement with no curb, gutter or sidewalk abutting the
site.
State Highway 55
Principal arterial
No traffic count available
215 -feet of frontage
140 -feet existing right-of-way
Comply with ITD for required right-of-way
State Highway 55 is improved with five traffic lanes with no curb, gutter or sidewalk abutting
the site.
B. The site is currently undeveloped.
C. If the rezone is approved, the developed parcel is expected to generate up to 2,000 daily vehicle
trips. Because of the magnitude of the site, a traffic impact study will be required before a site
specific development should be approved. The traffic study should address both the site's
access to Hill Road and the Hill Road/Highway 55 intersection.
D. Utility street cuts in new pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
ERZ0699.CMM
E. State Highway 55 is under the jurisdiction of Idaho Transportation Department (ITD).
Application materials should be submitted to ITD for review and requirements of that
Department and the applicant should submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of a building permit (or
other required permits), whichever occurs first. The applicant may contact District III Traffic
Engineer Michael Marz at 334-8340.
F. The applicant is proposing to construct a 30 -foot wide driveway on Hill Road located 190 -feet
east of State Highway 55. This driveway location does not meet District policy's required 220 -
feet of separation between the proposed driveway and State Highway 55 for a right-in/right-out
driveway on Hill Road, or the District policy's required 440 -feet of separation between the
proposed driveway and State Highway 55 for a full access driveway on Hill Road.
Staff does not recommend any variance for a full access driveway. The intersection of a minor
arterial with a principal arterial is too important to compromise. The applicant should construct
a shared right-in/right-out only driveway on Hill Road located at their eastern property line
(195 -foot offset) and pave the driveway 24 to 30 -feet wide and at least 30 -feet beyond the edge
of pavement of Hill Road and install pavement tapers with 15 -foot radii abutting the existing
roadway edge. The applicant should be required to construct a six-inch raised median in Hill
Road from a point 10 -feet east of the stop bar at the Hill Road/State Highway 55 intersection to
a point 50 -feet east of the eastern edge of the proposed driveway on Hill Road.
G. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk abutting the
parcel on Hill Road, located 2 -feet within the new right-of-way. The applicant should
coordinate the location and elevation of the sidewalk with District staff.
H. The applicant should construct a 5 -foot wide concrete sidewalk abutting the parcel on State
Highway 55, located 2 -feet within the new right-of-way line. The applicant should coordinate
the location and elevation of the sidewalk with ITD staff.
District policy states that direct access to arterials and collectors is normally restricted and that
the developer shall try to use combined access points. In accordance with District policy the
applicant -should be required to provide a recorded cross access easement for the parcel to the
east to use the parcel for access to the public streets prior to issuance of a building permit (or
other required permits). The District intends to require a similar agreement of the owner of the
parcel to the east if they are the subject of a future development application.
J. In order to reduce trips to and from this development it is recommended that tenants occupying
the proposed building be required to provide an Alternative Transportation Program for
employees and provide an annual report to ACHD on employee participation. Commuteride
staff will coordinate the Alternative Transportation Program with the applicant. For more
information contact Pat Nelson at 387-6160 for further information.
K. As required by District policy, restrictions on the width, number and locations of driveways,
may be placed on future development of this parcel.
ERZ0699.CMM
L. Based on development patterns in this area and the resulting traffic generation, staff anticipates
that the transportation system will be adequate to accommodate additional traffic generated by
this proposed development with the requirements outlined within this report.
Special Recommendation to ITD and the City of Eagle:
1. The site has approximately 200 -feet of frontage on Hill Road, and Highway 55. The site should
have a minimum of 440 -feet for a full access driveway. The site has an insufficient frontage for
a full access driveway on Hill Road and Highway 55. A commercial use will most likely
request a full access driveway. Staff does not recommend any variance for a full access
driveway. The intersection of a minor arterial with a principal arterial is too important to
compromise. The District recommends that the city not approve the zone change until the site
has access to a full access driveway on Hill Road a minimum of 440 -feet from the intersection.
2. The applicant should be required to submit a detailed traffic study for the site. The traffic study
should address both the site's driveway with Hill Road and the Hill Road/Highway 55
intersection.
3. No access to Highway 55 should be approved.
4. The applicant should be required to construct a 5 -foot wide detached concrete sidewalk on State
Highway 55.
5. In order to reduce trips to and from this development it is recommended that tenants occupying
the proposed building be required to provide an Alternative Transportation Program for
employees and provide an annual report to ACHD on employee participation. Commuteride
staff will coordinate the Altemative Transportation Program with the applicant. For more
information contact Pat Nelson at 387-6160 for further information.
If the rezone is approved and the District receives a development proposal, the District intends to
provide the following requirements, in addition to any additional requirements that may apply
upon District review of future development, to the City of Eagle:
Site Specific Requirements:
1. Dedicate 48 -feet of right-of-way from the centerline of Hill Road abutting the parcel by means
of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. The owner will be
compensated for all right-of-way dedicated as an addition to existing right-of-way from
available impact fee revenues in this benefit zone, if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD
Ordinance #188.
2. Comply with requirements of ITD for State Highway 55 frontage. Submit to the District a
letter from ITD regarding said requirements prior to District approval of the final plat or
ERZ0699.CMM
Exhibit "C"
Recording Requested 137-.1-.,-_
When Recorded Return to: 1000 FE -8 ppq I: 24
Mark Butler - Planning and Zoning Administrator
City of Eagle
P.O. Box 477
Eagle, Idaho 83616
DEVELOPMENT AGREEMENT
tit4tE2Tpat.e.eie,
DEPUTY
-100009656
For Recording Purposes leo
Not Write Above This Line
This Development Agreement, made and entered into this / day of 2000,
by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle'), by and
through its Mayor, and Sharon L. Patterson and Edna I. Harvey. ("Applicant").
WHEREAS, the Applicant is the owner.of record of certain real estate located at 28(15
and 2809 Hill Road, Eagle, Idaho, ("Property" , as specifically defined in the attached legal
description (Exhibit A) which is the subject of an application for Rezone identified as Rezone
Application No. RZ-6-99; and
WHEREAS, the proposed development includes properties within an area currently
zoned R-4 (Residential - four dwelling units per acre maximum) and M-1 A (Industrial Park
District);
WHEREAS, the Applicant desires a C -3 -DA (Highway Business District with
Development Agreement) zoning classification to develop a convenience store with fuel service
use (generally as depicted on the concept plan attached "Exhibit B") on the above described
property, which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any convenience store with fuel service project upon the Property
must be limited to prevent undue impact -to, and to otherwise be in harmony with, the existing
community; and
WHER.EAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts
of the development upon neighboring properties and the existing community and ensuring the
Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
Page 1 of 6
\\EAGLENTI\COMMON\•Planning, Deot\Eaele Annlicatinnc\R7.'A\1000\P7_rW,_o0 ,� o..........�....
0
WHEREAS, the Applicant has agreed to the use restrictions and other limitations
set forth herein upon the use and development of the Property and has consented to a C-
3 -DA (Highway Business District with Development Agreement) zoning designation for
the Property with the requirements set forth in this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit
agreeing to submit the Property to a Development Agreement pursuant to Eagle City
Code Section 8-10-1(C) (1); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues
and concerns that have arisen and for and in consideration of the mutual covenants
contained herein, it is agreed as follows:
ARTICLE II
LEGAL AUTHORITY
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone
the property that is the subject of the application to a C -3 -DA (Highway Business
District with Development Agreement) zoning designation, after recordation of,
and subject to the provisions of this Development Agreement. The ordinance will
become effective after its passage, approval, and the publication and the execution
and recordation of this Developmeni'Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The Applicant shall submit a Design Review application for the site (as required
by the Eagle City Code), and shall comply with all conditions required by Eagle
as a part of the Design Review prior to issuance of a certificate of occupancy.
2.2 The Applicant shall install adequate buffering, as may be required b the City,
along the south and east property lines to buffer the adjacent residential and
agricultural areas.
2.3 Except as otherwise may be stipulated herein, the development shall comply with
the Eagle City Code, as it exists in final form at the time an application is made
and the conditions within this agreement shall be satisfied.
2.4 If the parcel to the east is commercially developed, the Applicant shall provide a
recorded joint use access easement for the parcel to the east to use Applicant's
parcel for access to the public streets prior to issuance of a building permit.
2.5 The project shall be submitted under a conditional use permit.
Page 2 of 6
\\EAGLENT11\COMMON\Planning Dept\Eagle Applications\RZ&A\1999\RZ-06-99 da cc version.doc
0
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
3.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event the Applicant fails to comply with the commitments set forth herein, within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right,
without prejudice to any other rights or remedies, to cure such default or enjoin such
violation and otherwise enforce the requirements contained in this Development Agreement
or to terminate the Development Agreement following the process established in Eagle City
Code Section 8-10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and'to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall terminate and the zoning of the property
shall revert to a M -1A (Industrial Park District) zoning designation unless the portion of this
instrument determined to be invalid or unenforceable is re -negotiated in good faith between the
Applicant (or other appropriate party) and Eagle as an amendment to the Development
Agreement processed in accordance with the notice and hearing provisions of Idaho Code
Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Applicant. Each commitment and restriction on the
development shall be a burden 9n the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
with the land. This Development Agreement shall be binding on the Applicant and owners,
Page 3 of 6
G
and their respective heirs, administrators, executors, agents, legal representatives, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property or any
portion thereof (including, without limitation, any owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Development Agreement. As used in this
Development Agreement, masculine, feminine or neuter gender and the singular or plural
number shall each be deemed to include the others wherever and whenever the context so
dictates. 4
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State of Idaho in effect at the time of the execution of this Development
Agreement. Any action brought in connection with this Development Agreement shall be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant and Eagle have been represented by legal counsel
in negotiating this Development Agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, or by Federal Express or other reputable ovemight delivery
service, to the party to whom the,notice is directed at the address of such party set forth
below;
Eagle: Mark Butler
Planning and Zoning Administrator
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owners: Sharon L. Patterson
5025 Old Valley Road
Eagle, Idaho 83616
Page 4 of 6
Edna I. Harvey
5015 Old Valley Road
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours
after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-
four (24) hours after timely deposit with a reputable ovemight delivery service.
7.5 Effective Date. This Development Agreement shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this ) day of
ATTEST:
, 2000.
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a�. °,• '••..<'`,^;
5,
-1,.. i.., •.Y
CI'f'' OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
G--4--vi V_ i—i_-e t'..:_.;r-' '�w.... ~'y
Sharon Moore, City Clerl , ro
DATED this 7th day of
r 8 <:
ruarv, M d.
ayor
•
By:�,r2��
v
S1�iaron L. Patterson, wne'r
By: C r CA4li/-
Edna I. Harvey, Owner
Page 5 of 6
0
STATE OF IDAHO )
: ss.
County of Ada)
On this � day ofv7 , 2000, before the undersigned notary public in and
for the said state, personally appearedRICK YZAGUIRRE, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said C,ity ;and acknowledged to me that said City executed the same.
"_
;i' SS WHEREOF, I have hereunto set my hand and seal the day and year first
•
STATE OF IDAHO )
: ss.
County of Ada)
AtLA.,
Notary Pu.ir' c for Idaho
Residing at: C�'f9� ,ah
My Commission Expires: /02. aRa�A
On this day ofiLvwvvt , 2000, before the undersigned notary public in and
for the said state, personally appeared ,e.k,,e1,44�cnown or identified to me to be the
owners of the property referenced here' persons who executed the foregoing
instrument.
t
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
bo e1 v.viten.
1, u� )''' Y - .. , Notary Public for Idaho
I., •tipT. Residing at:
. jt U u Y` _h ' MyCommission Expires: L
P Z--0 Z- `-U 7
. Tr. 1
Page 6 of 6
Southeast rner of Highway 55 & Hill Ron
ettil6 rr 066v J o rb
A portion of the southeast quarter of Section 10, Township 4 North, Range 1 East.
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the southeast comer of said Section 10; thence N89°41'34"W,
1114.06 feet along the southerly boundary of the southeast quarter of said Section 10;
thence N00° 17'54"E, 246.43 feet to the Real Point of Beginning:
Thence N84°09'07"W, 198.95 feet to the easterly right-of-way of Idaho
State Highway 55;
Thence N01°51'30"E, 18.19 feet along the easterly right-of-way of
Idaho State Highway 55;
Thence N01°10'53"E, 165.93 feet along the easterly right-of-way of
Idaho State Highway 55;
Thence N51 °45'31 "E, 64.66 feet to the southeasterly right-of-way of
Hill Road;
Thence S75°18'11"E, 149.06 feet along the southeasterly right-of-way
of Hill Road;
Comprising
Thence S00°17'54"W, 206.57 feet to the Real Point of Beginning.
0.969 acres, more or less.
Prepared By: Joseph D. Canning, PLS 4116
Date: 24 January 2000
CG
RECEIVED & FILED
CITY OF EAGLE
JAN 2 8 2000
File:
Route to:
Soume corner or titgnway ao ts� hilt a
Mcrh6 lr f CP f! -6E z oft .
A portion of the southeast quarter of Section 10, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the southeast corner of said Section 10; thence N89°4134"W,
1114.06 feet along the southerly boundary of the southeast quarter of said Section 10;
thence N00°17'54"E, 246.43 feet to the Real Point of Beginning:
Thence N84°09'07"W, 198.95 feet to the easterly right-of-way of Idaho
State Highway 55;
Thence N01°51'30"E, 18.19 feet along the easterly right-of-way of
Idaho State Highway 55;
Thence N01°10'53"E, 165.93 feet along the easterly right-of-way of
Idaho State Highway 55;
Thence N51°45'31"E, 64.68 feet to the southeasterly right-of-way of
Hill Road.
Thence S75°18'11"E, 78.13 feet along the southeasterly right-of-way
of Hill Road;
Thence S 12° 13'28"W, 150.32 feet;
Thence S86°31'25"E, 99.92 feet;
i
Thence S00°17'54"W, 71.59 feet to the Real Point of Beginning.
Comprising 0.692 acres, more or less.
Prepared By: Joseph D. Canning, PLS 4116
Date: 24 January 2000
0
SoutheC Corner of Highway 55 & Hill Cid
e 7%4-11{Pii-6 3oa3)
A portion of the southeast quarter of Section 10, Township 4 North, Range 1 East.
Boise Meridian, Ada County, Idaho, being more particularly described as follows.
Commencing at the southeast corner of said Section 10; thence N89°41'34'W,
1114.06 feet along the southerly boundary of the southeast quarter of said Section 10:
thence N00° 17'54"E, 318.02 feet to the Real Point of Beginning:
Thence N86°31'25°W, 99.92 feet;
Thence N12°13'28'E, 150.32 feet to the southeasterly right-of-way of
Hill Road;
Thence S75°18'11'E, 70.93 feet along the southeasterly right-of-way
of Hill Road;
Thence S00°17'54°W, 134.98 feet to the Real Point of Beginning.
Comprising 0.277 acres, more or Tess.
Prepared By Joseph D. Canning, PLS 4116
Date" 24 January 2000
,'s
CONVENIENT STORE/
FUELING STATION
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PATTERS ON PROPERTY
EAGLE, IDAHO
CONCEUUAL SITE PLAN
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APPX. 9.6 ACRES
RECEIVED & FILED
CITY OF EAGLE
SEP 0 4 1998
Route to:
NEW STATE HIGHWAY 55
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Exhibit "D"
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
1VIODIFICATION FOR DOUGLAS B. CLEGG
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-06-99 MOD
The above -entitled development agreement modification application came before the Eagle City Council for
their action on October 11, 2016. 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:
Douglas B. Clegg, represented by Jay Walker with AllTerra Consulting, is requesting a development
agreement modification to allow a right -in only access from SH -55, remove Condition of
Development 2.5, and add a building elevation as an exhibit to the development agreement. The .93 -
acre site is located at the southeast corner of East Hill Road and SH -55 at 2805 and 2809 East Hill
Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 23, 2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 September 26,
2016. 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 September 26, 2016. The site was posted in accordance with the Eagle City
Code on September 26, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 9, 1999, the City Council approved a comprehensive plan amendment from Industrial
to Commercial for this site (CPA -06-16).
On January 11, 2000, the City Council approved a rezone from R-4 (Residential) and M -1A
(Industrial Park District) to C -3 -DA (Highway Business District with a development agreement) for
Sharon Patterson (RZ-06-99).
Pa vP 1 of R
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLANZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C -3 -DA (Highway Business Vacant parcels
District with a development
agreement)
Proposed I No Change I No Change Convenience store/fuel
island
North of site 1 Business Park I BP (Business Park) Vacant parcel
South of site I Business Park BP -DA (Business Park with Storage facility (Storage
a development agreement)
East of site Business Park BP -DA (Business Park with Storage facility (Storage
a development agreement))
West of site Mixed Use MU -DA -P (Mixed Use with SH -55 and Picaddilly
a development agreement — Village Subdivision
PUD) (Commercial area)
E. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
F. TOTAL ACREAGE OF SITE: .93 -acres (approximate)
I. APPLICANT'S STATEMENT OF JUS ITICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on September 23, 2016, (attached to the
staff report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services will be required to be installed.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
L. NON -CONFORMING USES:
Based upon the information available, the proposed rezone modification will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
M. 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
N. LEI ERS FROM THE PUBLIC: None.
Page 2 of 8
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
to The Comprehensive Plan Land Use Map currently designates this site as:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
AUTOMOTIVE FUEL ISLANDS: A retail fuel sales facility typically including a small kiosk
building covered by a canopy.
AUTOMOTIVE GAS STATION/SERVICE SHOP: Buildings and premises where gasoline,
oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail
and where, in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries and distributors' parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses,
floonnats, seat covers, windshield wipers and blades, grease retainers, wheel bearings,
mirrors and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service
station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational materials to customers and provision of
restroom facilities; and
M. Warranty maintenance and safety inspections.
Uses permissible at an automotive gas station/service shop do not include major mechanical and
body work, straightening of body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent
greater than normally found at an automotive gas station/service shop. An automotive gas
station/service shop is not a repair garage nor a body shop.
CONVENIENCE STORE: Retail sales of food, beverages and small convenience items typically
found in establishments with long or late hours of operation.
Pace 3 of R
C0
• Eagle City Code, Section 8-2-1: Districts Established, Purposes and Restrictions:
C-3 HIGHWAY BUSINESS DISTRICT: To permit the establishment of areas for travel related
services such as hotels, motels, service stations, drive-in restaurants, offices, limited
warehousing, commercial services and retail sales. This district is specifically designed in
clusters to service the motoring public on major streets. Uses that compete with the uses allowed
within the CBD zoning district shall be discouraged.
• Eagle City Code, Section 8-2-3: Schedule of District Use Regulations:
Convenience store with fuel service is a permitted use within the C-3 (Highway Business District)
zoning designation.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.1 The Applicant shall submit a Design Review application for the site (as required by the Eagle
City Code), and shall comply with all conditions required by Eagle as a part of the Design Review
prior to issuance of a certificate of occupancy.
2.2 The Applicant shall install adequate buffering, as may be required by the City, along the south
and east property lines to buffer the adjacent residential and agricultural areas.
2.3 Except as otherwise may be stipulated herein, the development shall comply with the Eagle City
Code, as it exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.4 The applicant shall provide a recorded cross access easement for the parcel to the east to use the
parcel for access to the public streets prior to issuance of a building permit.
2.5 The project shall be submitted under a conditional use permit.
D. DISCUSSION:
• The existing executed development agreement is associated with a rezone which was approved
in January of 2000. The development agreement (instrument #100009656) was executed in
February of 2000 and recorded February 8, 2000. The concept plan associated with the executed
development agreement shows a convenience store/fueling station; however, the conditions of
development do not identify a specific use. The conditions of development contained within the
development agreement requires the following: 1) submittal of a design review application, 2)
provide buffering adjacent to the south and east property lines to provide a buffer to the adjacent
residential and agricultural areas, 3) provide a recorded joint use access easement for the parcel
to the east to share an access point to the public street (ACHD subsequently granted a separate
access point for the adjacent property located east of the site), and 4) a conditional use permit be
submitted for any projects on the site. Since 2000 several zoning ordinance amendments have
occurred and a few of the standard conditions of development typically contained within a
development agreement have been modified. If the Council approves the requested development
agreement modification, staff recommends that an amended and restated development agreement
be executed to update the existing development agreement and to acknowledge the current owner.
• The subject site consists of two (2) vacant parcels which have a C -3 -DA (Highway Business
District with a development agreement) zoning designation. The two (2) parcels each have a
single access point to East Hill Road one (1) of which will be eliminated at the time of
development of the site. The concept plan associated with the executed development agreement
(instrument #100009656) shows no access to State Highway 55 and a single access point to East
Hill Road located at the northeast corner of the site. Prior to submittal of the application the
applicant has been working with the Idaho Transportation Department (IID), District 3, to obtain
Page 4 of 8
a right -in only access permit for the site from State Highway 55. The lTD access approval permit
is contingent upon the city approving the development agreement modification to allow the
concept plan to be modified showing an access point to the highway. The applicant is requesting
to modify the concept plan to show an access point from State Highway 55 located at the
southwest corner of the site. As previously discussed, the access is proposed to be a right -in only
access point from State Highway 55, therefore; if the Council approves the applicant's request to
allow for a new concept plan showing an access point to State Highway 55 the development
agreement modification should contain a condition of development limiting the access to the
highway located at the southwest corner of the site to be right -in only.
• Condition of development #2.2 requires the applicant to install adequate buffering along the south
and east property lines to buffer the adjacent residential and agricultural areas. Since that time a
storage facility has been constructed on the adjacent property located to the east and south of the
subject site, therefore, the site is currently buffered to the south and east by a solid wall associated
with the storage facility.
• Condition of development #2.4 requires that in the event the parcel located to the east is
commercially developed, the applicant is required to provide a recorded joint use access easement
for the parcel to the east to use the applicant's parcel for access to the public street. Since that
time the parcel to the east has been developed with a storage facility. ACHD approved a separate
access to serve the storage facility and did not require a shared access point with the subject site.
Staff recommends condition of development #2.4 be deleted.
• The applicant is requesting to remove condition of development #2.5 which requires the applicant
to submit a conditional use permit to develop a project on the site. Pursuant to Eagle City Code
Section 8-2-3, a convenience store with fuel service is a permitted use. The applicant should be
required to submit a design review application to be reviewed and approved by the Design
Review Board prior to the issuance of a building permit. Staff recommends that condition of
development #2.5 be deleted.
• The proposed convenience store/fuel island is located on an entry corridor to the city. The
applicant has submitted building and fuel island canopy elevations, date stamped by the city on
October 5, 2016, which depict the style of architecture for the convenience store and design of
the fuel island canopy. The provided elevation of the proposed convenience store is not in
conformance with any of the required architectural styles identified within the Eagle Architecture
and Site Design Book (EASD). Staff recommends the applicant provide a revised building
elevation showing an architectural style that is in conformance with one (1) of the architectural
styles shown in the EASD Book. The development agreement should contain a condition of
development that identifies the style of architecture associated with the convenience store with
an exhibit to the development agreement. The condition of development should also require that
the fuel island canopy should be architecturally compatible with the convenience store and should
not be internally illuminated.
• The concept plan associated with the executed development agreement (instrument #100009656)
shows a landscape buffer area located around the perimeter of the site with the exception of the
entrance to Hill Road. The applicant should be required to provide a landscape buffer area as
shown on the existing concept plan with the exception of the access driveways. The landscaped
buffer area located adjacent to SH -55 and East Hill Road should consist of a three foot (3') high
landscaped berm (measured from the centerline of SH -55 and East Hill Road). The berm area
should be landscaped with the following plants per one hundred (100) linear feet of right of way:
two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with one (1) flowering/omamental tree, provided that not more than fifty
percent (50%) of the shade trees are substituted. The landscape plan should be reviewed and
Pao/SnfR
C
approved by the Design Review Board prior to the issuance of a zoning certificate.
• The applicant should be required to comply with all requirements of the Ada County Highway
District, including but not limited to approval of drainage systems, curbs, gutters, streets, and
sidewalks.
• As previously identified the proposed convenience store/fuel island will be located adjacent to
an entry corridor to the city. The concept plan associated with the executed development
agreement (instrument #100009656) was based on not having an access drive from SH -55. The
fuel island was shown to be located at the northwest corner of the subject site in proximity to the
corner of SH -55 and East Hill Road. The convenience store was shown to be located at the
southeast comer of the site. The subject site is bordered at the eastern and southern property lines
by the Storage 55 storage facility (See Exhibit "1"). Based on the site plan, date stamped by the
city on September 23, 2016, the convenience store will be screened from the east and the south
by the Storage 55 storage facility and the fuel island will be in full view from the adjacent
roadways. The Jackson's food store located at the intersection of West Myrtle Street and South
Capitol Boulevard, in the City of Boise, has the convenience store located at the northeast corner
of the lot in proximity to the intersection and the fuel island is located at the southwest comer of
the lot which is screened from view from the adjacent roadways by the convenience store (See
Exhibit "2"). Since 1) the subject site is located on an entry corridor, 2) the subject site is bordered
on two property lines by a structure which provides additional screening, and 3) the applicant is
required to design the convenience store to be in conformance with one (1) of the required
architectural styles identified in the Eagle Architecture and Site Design Book, the applicant
should be required to provide a revised concept plan showing the convenience store located at
the northwest corner of the site and the fueling station located at the southeast corner of the site
prior to execution of the development agreement.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the following
modifications to the development agreement with a revised Concept Plan (Exhibit `B") showing the
convenience store located in proximity to the northwest corner of the site and the fuel island located in
proximity to the southeast corner of the site, two (2) new exhibits (building elevation Exhibit "D", fuel
canopy elevation Exhibit "E"). Staff recommends that an Amended and Restated Development Agreement
be executed with the conditions of development as provided within the staff report.
PUBLIC HEARING OF TILE COUNCIL:
A. A public hearing on the application was held before the City Council on October 11, 2016, 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 this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the proposal was presented to the City Council by
one (1) individual who indicated they were not notified of the public hearing. They also requested that
the City Council require a buffer berm to be located adjacent to the east and south property lines (Storage
55 facility).
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-06-99 MOD for a development agreement modification for Douglas
B. Clegg, with the following conditions to be placed within an amended and restated development agreement
with underline text to be added by the Council and strike through text to be deleted by the Council:
Page 6 of 8
C):;) CI))
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 floodplain development permit
review, design review, preliminary .and fmal 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.
3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code), and
shall comply with all conditions required by Eagle as a part of the design review prior to issuance of a
building permit.
3.3 The Concept Plan (Exhibit B) 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
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.
stere -ball lac
r
l
e a
ed cross access easement
for the parcel to the east to use the parcel for access tothenlublic streets is nriordto issuance of a building
permit.building
3.5 Owner shall provide an approved Idaho Transportation Department access permit to allow access to State
Highway 55 prior to construction of improvements on the Property.
3.5.1 The access to State Highway 55 shall be right -in only and shall be located in proximity to the
southwest corner of the site.
3.5.2 Owner shall comply with all requirements of the Idaho Transportation Department, including but
not limited to approval of drainage systems, curbs, gutters, streets, and sidewalks.
3.6 Owner shall provide a landscape buffer area located adjacent to SH -55 and East Hill Road. The
landscaped buffer area shall consist of a three foot (3') high landscaped berm (measured from the
centerline of SH -55 and East Hill Road). The berm area shall be landscaped with the following plants per
one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/omamental tree,
provided that not more than fifty percent (50%) of the shade trees are substituted. The landscape plan
shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
3.7 Owner shall comply with all requirements of the Ada County Highway District, including but not limited
to approval of drainage systems, curbs, gutters, streets, and sidewalks.
c *All tc constructee util%z b `X X „
U
3.8.1 3.8 The canopy associated with the fuel islands
shall be architecturally compatible with
the convenience store. The proposed architecture of the fuel canopy shall be reviewed and
approved by the Design Review Board prior to the issuance of a zoning certificate.
3.8.21 The canopy associated with the fuel islands or signage contained within the canopy
associated with the fuel islands shall not be internally illuminated.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-06-99 MOD)
development agreement modification 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:
Paee 7 of R
Exhibit "E"
Co+wnHaei ro
October 4, 2016
TO: Mike Williams, Planner III, City of Eagle
FROM: Mindy Wallace, AICP
SUBJECT: SH-55/Hill Road Convenience Store — DA Mod/RZ-06-99-MOD
Mr. Williams,
A1=CEiVJvp & FfLED
�iT9' ©F SLE
OCT 0 4 2016
I Flip_
Reuter aa
Kent boidth , Prescient
Paul Woods, Vice President
Rebecca W. Arnold, Commissioner
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
Development Services
Thank you for providing ACHD with a copy of the proposed Development Agreement Modification (DA
MOD) application for the proposed SH-55/Hill Road Convenience Store for review and comment. During
pre -application meetings with the applicant ACHD indicated that a temporary full access driveway would be
allowed onto Hill Road. The temporary full access driveway should be constructed to a maximum width of
36 -feet and be located approximately 250 -feet east of SH -55, as shown on the site plan.
This driveway will be restricted to right-in/right-out in the future as an accident history develops, traffic
increases in the area, or as determined by ACHD. For this reason, ACHD recommends that the applicant
continue to work with the adjacent property owner to secure cross access. To ensure the driveway is
restricted to right-in/right-out when necessary, the applicant should be required to provide ACHD with a
financial surety in the amount of $5,000.00 for the construction of a 6" raised median to restrict the driveway
to right-in/right-out only when warranted.
As part of any future development application, including a design review application, ACHD may have
additional requirements including but not limited to right-of-way dedication, sidewalk construction, and
driveway paving.
Exhibit "F"
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
stopher D. Rich 2016.112982
rr
11/21/2016 03:18 PM
NO IIIIIIIIIIIIIIIIIIIII11111111 FEE
_,. i801128820080090
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMEriT AGREEMENT
This Amended and Restated Development Agreement (this "Development Agreement"), made
and entered into on the date as indicated herein, by and between the CITY OF EAGLE, a mmricipal
corporation in the State of Idaho ("Eagle"), and JAPHETH, LLC, ("Owner-'). Upon recordation of this
Development Agreement, that certain Development Agreement recorded in the real property records of Ada
County, Idaho, on February 8, 2000, as instrument number 100009656 (the "Original Development
Agreement") shall be void and of no further force or effect.
WHEREAS, Owner is the owner of record of certain real estate located at 2805 and 2809 East Hill
Road ("Property"), as specifically defined in the attached legal description (Exhibit A), and shown on the
Concept Plan (Exhibit B), which is the site subject of an application for rezone, identified as Eagle Rezone
Application No. RZ-06-99 and which is subject to an application for modification of development
agreement, identified as Eagle Rezone Modification Application No. RZ-06-99 MOD; and
WHEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, was designated on the Land Use Map of the
Comprehensive Plan as Commercial and zoned C -3 -DA (Highway Business District with a development
agreement); and
WHEREAS, Owner desires to develop the Property with a convenience store with fuel service use
as generally shown on the Concept Plan (Exhibit B); and
WHEREAS, the City Council of Eagle has determined that the scope of any convenience store with
fuel service project upon the Property should be limited to prevent undue damage to, and to otherwise be
in harmony with, the existing community; and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owner's right to use, enjoy and develop the Property while at the same time limit any adverse impacts of
the development upon neighboring properties and the existing community and ensure the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, Owner have agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to the General Business District ("C -3 -DA")
zoning designation for the Property with the requirements set forth in the Original Development Agreement
as replaced by this Amended and Restated Development Agreement; and
Page 1 of 6
topkwainS aFF 11999` 9s MOD &=Miur.@ace
WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-
2-1, the Original Development Agreement, as amended and restated by this Development Agreement, are
to be used in lieu of the conditional use process; and
WHEREAS, Owner have provided Eagle with affidavits agreeing to submit the Property to a
development agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed
as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to C -3 -DA,
subject to the provisions of the Original Development Agreement, and as specifically set forth previously
in Ordinance No. 365 which became effective after its passage, approval, and publication on February 10,
2000.
ARTICLE III
CONDITIONS OF DEVELOPMENT
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 floodplain development permit
review, design 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 within this Agreement.
3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code), and
shall comply with all conditions required by Eagle as a part of the design review prior to issuance of a
building permit.
3.3 The Concept Plan (Exhibit B) 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 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.
3.4 Owner shall provide a recorded cross access easement for the parcel to the east to use the parcel for
access to the public streets prior to issuance of a building permit.
3.5 Owner shall provide an approved Idaho Transportation Department access permit to allow access to
State Highway 55 prior to construction of improvements on the Property.
3.5.1 The access to State Highway 55 shall be right -in only and shall be located in proximity to the
southwest corner of the site.
Page 2 of 6
g A .U99 RZ-as99aOmosaver.ao
3.5.2 Owner shall comply with all requirements of the Idaho Transportation Department, including
but not limited to approval of drainage systems, curbs, gutters, streets, and sidewalks.
3.6 Owner shall provide a landscape buffer area located adjacent to SH -55 and East Hill Road. The
landscaped buffer area shall consist of a three foot (3') high landscaped beim (measured from the
centerline of SH -55 and East Hill Road). The beam area shall be landscaped with the following plants
per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and
twenty four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental
tree, provided that not more than filly percent (50%) of the shade trees are substituted. The landscape
plan shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning
certificate.
3.7 Owner shall comply with all requirements of the Ada County Highway District, including but not
limited to approval of drainage systems, curbs, gutters, streets, and sidewalks.
3.8 The canopy associated with the fuel islands shall be architecturally compatible with the convenience
store. The proposed architecture of the fuel canopy shall be reviewed and approved by the Design
Review Board prior to the issuance of a zoning certificate.
3.81 The canopy associated with the fuel islands or signage contained within the canopy associated
with the fuel islands shall not be internally illuminated.
ARTICLE W
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner is attached hereto and incorporated by reference herein agrees to subject the
Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with and be bound
by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall be
provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30) days
of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other
rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements
contained in this Development Agreement or to tenninate the Development Agreement following the
process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A -R
(Agricultural Residential) zoning designation until Eagle enacts and records an ordinance changing the
property to the A -R (Agricultural Residential) zoning designation.
Page 3 of 6
SiPkaming Deptiaige n 31 W.rts.99anondacctd
ARTICLE VI
(UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to anyparty or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this instrument shall nevertheless remain in full force and effect and that portion
determined to be invalid or unenforceable shall be re -negotiated in good faith between Owners) (or other
appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential
property near the Property and shall run with the land. This Development Agreement shall be binding on
the Owner and owners, and their respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers
shall thereupon be released and discharged from any and all obligations in connection with the property
sold arising under this Agreement. The new owner of the Property or any portion thereof (including,
without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be
bound by and liable for all commitments and other obligations arising under this Agreement with respect
to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Parasranh Headlines. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include
the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought
in connection with this Development Agreement shall be brought in a court of competent jurisdiction
located in Ada County, Idaho.
8.4 Leeal Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Page 4 of 6
IC.AP a ing DepfiraaLdeappti +az&aumsrx7,as99 MOD ao«5omvaa=
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner: Japheth, LLC
Attn: Douglas B. Clegg
971 East Winding Creek Drive, Suite 117
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any such notice
shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the
United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely
deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owners agree to provide
adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees
and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owners an
estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owners
shall provide a cash deposit, letter of credit ora bond in the amount of the estimated fees associated with the
work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owners for such fees,
adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by Eagle
and as invoiced to the Owners or, if Owners have made a cash deposit with Eagle, Eagle may draw on the
deposit to pay its invoice. lithe financial assurance deposited by Owners is in the fonn of a letter of credit,
and if the Owners fail to make payment for such fees when actually incurred by Eagle and invoiced, then
following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial
assurance provided by the Owners. Thereafter, if the then current estimated fees still to be paid exceeds the
amount of the then current balance of the financial assurance (whether it be in the fonn of a cash deposit or
a letter of credit),the Owners shall replenish the financial assurance and shall become current as to all
outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release
to the Owners the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon
the financial assurance under this Section shall not preclude it from exercising any of the other rights and
remedies afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owners fail to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owners, exercise any or all of the following remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project and
record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant
to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief; specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
Page 5 of 6
LiPkomiognaptiEagle ApplicatinteRZ&AIL9M2416-99n®nascchiwawa
ttt;in ;
`'C"
Affidavit off DOUGLAS I3. CLEGG on behalf of .baphetl>n, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
DOUGLAS B. CLEGG, who being first duly sworn under oath, deposes and says:
1. I am DOUGLAS B. CLEGG, who is the Managing Member of Japheth, LLC, whose
mailing address is 971 East Winding Creek Drive, Suite 117, Eagle, ID, 83616 ("Japheth,
LLC").
2. Japheth, LLC, is the fee simple owner of the parcel of real property described on Exhibit 1,
attached hereto (the -Property").
3. Japheth, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-651IA and Eagle
City Code Section 8-10-1 dated the 3 day of BVD irtra, 2016 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Douglas B. Clegg,
Japheth, LLC (the "Agreement").
DATED this 3 day of N PL r , 2016.
By: Japheth, L,
By:
Dougla*C Clegg, Managing Member
SUBSCRIBED AND SWORN to before me this J day of f1/'?ft?, 2016.
oL
Notary Public for Idaho
Residing at 5 5 IL- Idaho
My Commission expires 9
Page 1 of 1
& P1 lag? Applzali k1 aZ-Cfi•99 MOD da a i itdae
Exhibit "G"
BEFORE THE EAGLE CI'rY CU UNV CIL
IN THE MAUER OF AN .APPLICATION )
FORA REZONE FROM A -R )
(AGRICUL RAL -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 constriction 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 Meetingv►►as 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 Searing 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
K1Plaaning Degas& Appliutions1.zd:A120171R7.02-17 Storage 55 (educe
E.
F.
c
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.
COMPANION APPLICATIONS: All applications are inclusive herein.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Business Park A -R (Agricultural
Residential)
No Change BP -DA (Business Park with
a development agreement)
BP (Business Park)
R'UT,(RUral Urban
Transition — Ada County
Designation)
BP -DA (Business Park with
a development agreement)
Business Park BP -DA (Business Park with
a development agreement)
North of site I Business Park
South of site Business Park
East of site Business Park
West of site
Single Family Residence
Indoor Storage Units
Vacant
Single Family Residence
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
L 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
KAPlasming Dept1Eagle Applications\RUM20171P2-02-17 Storage SS oldoez
K. AVAILABILITY ANI) 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 bistrict
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 Palk
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 niay 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
of=fice 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
J PlaoniogDeptEyleAppli^atio^A?Z&A\20171RZ02-17 Storage 55 =Ed=
0
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 minorum 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 ofthis 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 ofrezoning 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 ziriit.
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 it. 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:4 coordinated and well-balanced
manner that promote a design character that is in keeping with an intended theme of the city. While
uses that areshownas 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, 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
KIPlanning DeptWagla ApplicationaTAA12017%492-17 StcFage 55 cdtdRcx
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 jot 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 southenz 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 inay 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 of5Q% (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
reconunends: 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 staffto 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 staffreport.
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!PlanningDept1L+ ate Appliatiom\RZ&A120171R7 02-u Stoop 55 afdo t
• 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 XCoellisch absent) to recommend approval of RZ-02-17 for a
rezone from A -R to BPDA (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 011ie 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, Owder will submit such applications regarding design review,
building permits, 'preliminary and finial plat reviews, and/or any conditional use permits, if
applicable, and. anyother 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:WluminjDeOE1413 Appliatiom RTAA120I7VRZA2-17 Stanza 55 ceEdac=
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 huilding) 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 often -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 re,corded 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
ICAPhuuang DephEagle AppiicationAltZtA120171RZ-02-17 Storage 55 ccEdoot
3.14 Owner shall contract a rfpssional Land Surveyor to stake the southern propline of the
Property nrior to the submittal of a desien review pnnelication for the site. Owner al provide
documentation showing the location of the stakes in relation to the existing fence located on the
Prone ly thior to the issuaneq of any .buildine Hermits for the site.
3.15 Owner shall provide a cross -access easement wee/inept with the adiacent oropeity owner located
at 2809 East Hill Road prior to the 4Sauan9e pf any buildine permits for the site. The cross -access
egsenlent agreegte0 shall identify a cross= gs ese eifr located between the drivewpv nroyidina
access to 2835 East Hill Road .and the east property line of the nro'nefly located at 2809 East 1iill
Road. The cross -access e&SempJf Azreem9nt shall be reviewed and anuroved by the City Attomev
prior to execution and recordntiop,,
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 .$P -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
1KAPisnning DeptVagle Appliestioo1 RZ&AU02 TRZ-02-u Storage 55 o f doce
DATED this 27th day of June, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATI -EST:
Sharmil-
ergmann, Eagle Ci Clerk
Page 9 of 9
KiPlaniing DeptlEagle ApplicationsiRMAINTRZ-02-17 Stomp:155 cad=
r
RECEIVED & FILED
CITY OF EAGLE
MAR 1 5.,2017
I File.
Route tP
To:
Storage 55 LLC
2835 E. Hill Rd.
Eagle, ID 83616
Exhibit "H"
Lli
Co"eoe-ro 5
March 15, 2017
Subject: EAG17-0008 / RZ-02-17
2871 E. Hill Rd.
Rezone from A -R to BP -DA.
Paul Woods, President
Rebecca W. Arnold, Vice President
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
In response to your request for comment, the Ada County Highway District has reviewed the
submitted application and site plan for the item referenced above. It has been determined
that ACHD does not have site specific conditions of approval, as this application is for a
rezone. The following comments are based on a conceptual site plan submitted with the
rezone, and should be considered for when the parcel further develops in the future.
A. Findings of Fact
1. Right -of -Way
a. Right -of -Way Dedication: District Policy 7205.2 states that The District will
provide compensation for additional right-of-way dedicated beyond the existing
right-of-way along arterials listed as impact fee eligible in the adopted Capital
Improvements Plan using available impact fee revenue in the Impact Fee Service
Area.
No compensation will be provided for right-of-way on an arterial that is not listed
as impact fee eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site -related needs to
preserve a corridor for future capacity improvements, as provided in Section 7300.
b. Staff Comments/Recommendations: The intersection of Hill Road and
Horseshoe Bend Road is scheduled in the ACHD Capital Improvements Plan to
be widened and reconstructed to a multi -lane roundabout between 2021-2025.
The applicant should be required to dedicate the necessary right-of-way to total
48 -feet from centerline on Hill Road abutting site. The applicant should be
compensated for the right-of-way dedication.
2. Improvements
a. Frontage Improvements Policy: District Policy 7205.2.1 states that the
developer shall widen the pavement to a minimum of 17 -feet from centerline plus
a 3 -foot wide gravel shoulder adjacent to the entire site. Curb, gutter and
additional pavement widening may be required (See Section 7205.5.5).
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5 -
feet wide to be constructed on both sides of all arterial streets. A parkway strip at
least 6 -feet wide between the back -of -curb and street edge of the sidewalk is
required to provide increased safety and protection of pedestrians. Consult the
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
District's planter width policy if trees are to be placed within the parkway strip.
Sidewalks constructed next to the back -of -curb shall be a minimum of 7 -feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent
roadway. Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are
placed outside of the dedicated right-of-way. The easement shall encompass the
entire area between the right-of-way line and 2 -feet behind the back edge of the
sidewalk. Sidewalks shall either be located wholly within the public right-of-way or
wholly within an easement.
Frontage Improvements Policy: District Policy 7205.2.1 states that the
developer shall widen the pavement to a minimum of 17 -feet from centerline plus
a 3 -foot wide gravel shoulder adjacent to the entire site. Curb, gutter and
additional pavement widening may be required (See Section 7205.5.5).
b. Staff Comments/Recommendations: The applicant should be required to
construct 5 -foot wide concrete sidewalk along Hill Road abutting the site. The
sidewalk should be located a minimum of 41 feet from centerline to the face of the
sidewalk.
The applicant should be required to improve Hill Road with pavement widening to
a minimum of 17 -feet from centerline where it does not already exist.
3. Driveways
a. Access Points Policy: District Policy 7205.4.1 states that all access points
associated with development applications shall be determined in accordance with
the policies in this section and Section 7202. Access points shall be reviewed
only for a development application that is being considered by the lead land use
agency. Approved access points may be relocated and/or restricted in the future
if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.6 states that direct access to minor
arterials is typically prohibited. If a property has frontage on more than one street,
access shall be taken from the street having the lesser functional classification. If
it is necessary to take access to the higher classed street due to a lack of
frontage, the minimum allowable spacing shall be based on Table 1a under
District policy 7205.4.6, unless a waiver for the access point has been approved
by the District Commission.
Driveway Location Policy: District policy 7205.4.5 requires driveways located
on minor arterial roadways from a signalized intersection with a single left tum
lane shall be located a minimum of 330 -feet from the nearest intersection for a
right-in/right-out only driveway and a minimum of 660 -feet from the intersection for
a full -movement driveway.
District policy 7205.4.5 requires driveways located on minor arterial roadways
from a signalized intersection with a dual left tum lane shall be located a minimum
of 330 -feet from the nearest intersection for a right-in/right-out only driveway and a
minimum of 710 -feet from the intersection for a full -movement driveway.
Successive Driveways: District policy 7205.4.6 Table la, requires driveways
located on minor arterial roadways with a speed limit of 40 MPH to align or offset
a minimum of 330 -feet from any existing or proposed driveway.
Cross Access Easements/Shared Access Policy: District Policy 7202.4.1
states that cross access utilizes a single vehicular connection that serves two or
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
more adjoining lots or parcels so that the driver does not need to re-enter the
public street system.
b. Applicant's Proposal: The applicant is proposing a driveway near the eastern
property line, approximately 560 -feet west of Horseshoe Bend Road (measured
centerline -to -centerline).
The applicant is also proposing to utilize an existing cross access from the parcel
to the west.
c. Staff Comments/Recommendations: The applicant's proposal does not meet
District Successive Driveways policy and should not be approved as proposed.
This project is an expansion of the existing self -storage facility on the neighboring
parcel to the west. The applicant should be required to utilize the cross access
provided. An additional access to Hill Road would be in the influence area of the
roundabout listed in the Capital Improvements Plan.
If the fire department requires an additional access into the site, it should be for
emergency purposes only.
B. Traffic Information
Trip Generation
As this development is for a rezone application, no additional trips are estimated to be
generated. However, the anticipated use of a self -storage facility is estimated to generate 2.5
vehicle trips per day per 1,000 square feet, and 0.26 trips in the PM peak hour per 1,000
square -feet.
Condition of Area Roadways: Tra
Roadway Frontage
**State Highway 55 None
Hill Road 322 -feet
ffic Count is based on Vehicles per hour "VPH)
Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Arterial
646 N/A
Minor Arterial 259 Better than "E"
** ACHD does not set level of service thresholds for State Highways.
* Acceptable level of service for a two-lane minor arterial is "E" (575 VPH).
Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD's most
current traffic counts
• The average daily traffic count for Sate Hwy 55 north of State Hwy 44 was 12,916 on
April 10, 2014.
• The average daily traffic count for Hill Road east of State Hwy 55 was 4,126 on July
28, 2015.
If you have any questions, please feel free to contact me at (208) 387-6335.
Sincerely,
Austin Miller
Planner I
Development Services
cc: City of Eagle, via e-mail
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
VicinIty r.a
Ada County Highway District • 3775 Adams Street o Garden City, ID o 83714 • PH 208-387-6100 o FX 345-7650 • www.achdidaho.org
Site Plan (Concept)
9755North Horseshoe Bend Road
\_
*Cis?. f/4.4
�•%q0
r 1
1 _
2835 East Hill Road
1 1
1 I
EXISTING
HOUSE
NEW 155001SF
MAXIMUM STORAGE
BUILDING FOOTPRINT
N 6534 SF
STORAGE BUILDING
FOOTPRINT
2871 East Hill Road
NEW 6534 SF
STORAGE BUILDING
FOOTPRINT
Unaddressed Parcel
'50510949175
NEW 106b0 SF STORAGE
I L._ } BUILDING FOOTPRINT
.9605 North Horseshoe Bend Road
1
Ada County Highway District o 3775 Adams Street o Garden City, ID • 83714 o PH 208-387-6100 o FX 345-7650 o www.achdidaho.org
Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way
(including all easements). Any existing irrigation facilities shall be relocated outside of
the ACHD right-of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located
within the ACHD right-of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required
for all landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and
all applicable ACHD Standards unless specifically waived herein. An engineer
registered in the State of Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. 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 ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review
the site plan and may require additional improvements to the transportation system at
that time. Any change in the planned use of the property which is the subject of this
application, shall require the applicant to comply with ACHD Policy and Standard
Conditions of Approval in place at that time unless a waiver/variance of the
requirements or other legal relief is granted by the ACHD Commission.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an
applicant of the final decision made by the Development Services Manager when it is
alleged that the Development Services Manager did not properly apply this section
7101.6, did not consider all of the relevant facts presented, made an error of fact or law,
abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary and Clerk of the District, which must be filed within ten (10)
working days from the date of the decision that is the subject of the appeal.
The notice of appeal shall refer to the decision being appealed, identify the
appellant by name, address and telephone number and state the grounds for
the appeal. The grounds shall include a written summary of the provisions of
the policy relevant to the appeal and/or the facts and law relied upon and shall
include a written argument in support of the appeal. The Commission shall not
consider a notice of appeal that does not comply with the provisions of this
subsection.
c. Time to Reply: The Development Services Manager shall have ten (10)
working days from the date of the filing of the notice of appeal to reply to the
notice of the appeal, and may during such time meet with the appellant to
discuss the matter, and may also consider and/or modify the decision that is
being appealed. A copy of the reply and any modifications to the decision
being appealed will be provided to the appellant prior to the Commission
hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a
regular meeting to be held within thirty (30) days following the delivery to the
appellant of the Development Services Manager's reply to the notice of
appeal. A copy of the decision being appealed, the notice of appeal and the
reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either
affirm or reverse, in whole or part, or otherwise modify, amend or supplement
the decision being appealed, as such action is adequately supported by the
law and evidence presented at the hearing.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Exhibit "I"
modus
ARCHITECTURE
June 26, 2017
Mike Williams, Planner
Eagle City Hall
66o East Civic Lane
Eagle, ID 83616
Re: Reconsideration of Conditions Attached to Rezone
Dear Mike,
RECEIVED & FILED
CITY OF EAGLE
JUN 27 2O7
file:
Route to:
This letter addresses the rezone application for the property located at 2871 East Hill Road and the adjacent
unaddressed parcel #So51o449175, both owned by Storage 55 LLC. After consulting with Don Copple of Davison,
Copple, Copple & Copple, I am requesting a reconsideration of the conditions the Council attached to the
properties that were the subject of the Rezone Application.
At the City Council hearing, an attorney representing the owner of the property located on the SE intersection of
Highway 55 and Hill Road requested that the Council attach a condition to the rezone of the two properties under
consideration in the rezone application. As presented, the condition would require the owner of the Storage 55
property to allow the construction of a road across the north frontage of his property, providing the corner
property owner access to the Storage 55 driveway off Hill Road. The Storage 55 property is not the subject of the
rezone application.
The reason for the request to place conditions on the rezone is based on the corner property owner's proposed
intensive use of the corner as a convenience store. The amount of traffic potentially generated by a convenience
store at the intersection is a concern to the Ada County Highway District, so the agency has restricted the Hill
Road access point to a right -in and right -out. The corner property owner would prefer no ACHD restrictions be
attached to the Hill Road access of his property. His proposed solution is to construct an access road across the
Storage 55 property, which would require a cross -access agreement between the two private property owners.
The rezone application applies to the two parcels immediately to the east of Storage 55. As pointed out in the
hearing, the Storage 55 property is not under consideration for rezoning and is not part of the original application.
The argument that a "nexus" exists between the corner property and the remaining properties, even though no
public policy is being impacted, is not supported by case law. Refer to Dolan v. City of Tigard and Nollan v.
California Coastal Commission.
Under these decisions, it was ruled that there had to be a nexus between a public -policy issue and the condition of
approval which sought to address it. In this situation, the comer property owner has access to Hill Road, but
wants additional access across an adjacent property that he does not own. It is an issue to be resolved between two
private property owners. A public -policy issue does not exist and without it, a nexus does not exist. Additionally,
Idaho Statute 7-701.a/Eminent Domain, does not sanction the inverse regulatory take of private property to the
benefit of another private property owner.
Modus Architecture Collaborative 242 N 8"', Boise, ID 83702 tel: (208) 331-3200 www,gotomodus.com
modus
ARCHITECTURE
.. ..,:74.,srivr
Attaching conditions to a property that is not the subject of the rezone application, based on a flawed attempt at
creating a nexus, is an over -reach into the affairs of two private property owners. The proposed rezone and
expansion of the storage facility to the east does not create a need for an easement between the corner property
and the Storage 55 property. The Storage 55 property owner does not need access to the corner property and has
no interest in allowing a private developer to build an access road across his property for the developer's personal
gain.
Please reconsider the City Council's decision to create conditions for the rezone of the two parcels addressed in the
Rezone Application.
Respectfully Submitted,
Bruce Poe
Principal Architect
Modus Architecture Collaborative 242 N 8th, Boise, ID 83702
tel: (208) 331-3200 www.gotomodus.com
Exhibit "J"
All 1 Crr-d
('ONSk L `11',`G
RECEIVED & FILED
CITY OF EAGLE
JUL 10 2017
File.
Route to.
July 10, 2017
Bill Vaughan, Mike Williams, Brian Parker & City Council
660 E Civil Lane
P.O. Box 1520
Eagle, Idaho 83616
bvaughan@cityofeagle.org
Re: Request for Reconsideration — Case Number RZ-02-17
Mr. Vaughan, Williams, Parker and City Council,
The owner and consultant (owner representative) of the property and proposed Eagle C -store
Development are requesting denial of the Request for Reconsideration — Case Number RZ-02-17.
The City processed the approval and recording of a Development Agreement Modification for the Japheth
parcels located at 2805 and 2809 east Hill Rd in Eagle last October 2016. From the original, previously
recorded DA dated Feb 2000 (instrument number 100009656) and the Article II; Condition 2.4, it was
required of developments (mainly, Storage 55 and Japheth property) to provide a recorded joint use
access easement for the parcels. Findings & Facts in Feb 2005 for a Storage 55 subsequent application,
from jurisdictional changes/challenges of oversight between Eagle City and ACRD, the easement
requirement was lost or diluted of importance from these original required joint access easements between
properties. However, the Eagle C -store DA Mod, Article III: Condition 3.4 by City stated owner shall
provide a recorded cross access easement for the parcel to the east to use the parcel for access to the
public streets prior to issuance of a building permit from area development agreements tied to area
properties. The redacted joint cross access easement was rightfully required once again for the betterment
of the publie safety and community area circulation. Precedence was set for this issue by Staff and
Council as recently as this past year.
In City meetings and discussions regarding this condition and the joint access, it was understood that
upon any application of Storage 55 for development agreement, rezone and/or building permit, a
reciprocating joint cross access easement would be required. Some current access points along Hill Rd
are limited in use and consider change in use as traffic volume increases. Without a reciprocated
condition requiring cross/joint access, use and safety are compromised contrary to City and ACRD best
interests. There would be circulation burdens placed on the area and inefficiency introduced harmful to
both the Eagle C -store and Storage 55. Thus, we support Staff's and Council's cross access requirement
raised and addressed in the Public Hearing of June 13th 2017 and subsequent decision issued June 27th
2017. This resolved the integrity of this almost decade -old dual development agreement requirement for
joint cross access easements. We reiterate that this is standard practice encouraged in commercial uses
everywhere. We will use best engineering, architectural, and construction practices in creating an
amenity that enhances the parcels and adheres to all City standards, codes and practices.
Thank you for your attention to this pressing matter and we look forward to working with Eagle City,
Staff and Storage 55 (Mr. Poe) on the simple design of the joint cross access and easement.
T ark ;• u,
Ja : Iker, Principal
AllTerra Consulting, LLC
i watker@allterraconsultin u.com
849 E. State Str, Ste. 4104, Eagle, Idaho 83644
P: 208.484-4479 F: 208.377.0998
Exhibit "K"
IHHAWLEz
TROXELL
TIMOTHY W. TYREE
ADMITTED TO PRACTICE LAW IN IDAHO & UTAH
MAIL: TTYREE@HAWLEYTROXELL.COM
DIRECT DIAL: 208.388.4873
DIRECT FAX: 208.954.5276
July 10, 2017
Mike Williams, Planner
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
ai1uitiiJ •iJGO-JNSELORS
Hawley Troxell Ennis & Hawley LLP
877 Main Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701-1617
208.344.6000
www.hawleytroxell.com
Re: Request for Reconsideration — Case Number RZ-02-17
Dear Mr. Williams,
This firm serves as legal counsel to Japheth, LLC, the owner of property at the southeast
corner of Highway 55 and Hill Road. On behalf of Japheth, I testified at the City Council
meeting held Tuesday, June 13, 2017 in opposition to the above -referenced rezone application. I
am informed that Bruce Poe has filed a motion for reconsideration. Accordingly, and to preserve
the rights of my client in all further proceedings, Japheth files this request for reconsideration.
First and foremost, my client is appreciative of the Eagle City Council's consideration of
this matter and their decision issued June 27, 2017. Council's decision to require cross access to
my client's property to and from the immediately adjacent property to the east acknowledges the
impact the project expansion will have on my client's property and serves to provide safe access
for ingress and egress to and from Hill Road. To this point, we learned through Mr. Poe's
rebuttal, and after testimony from the general public ended, that the current Storage 55 property
and the rezone property are under common ownership. Accordingly, this application should not
have been a new rezone application but an amendment to the existing entitlements for the
existing Storage 55 property. The applicant has improperly applied for this rezone as this new
project is nothing more than an expansion of the existing Storage 55 location. Accordingly,
Council should deny the applicant's rezone application.
During my testimony in opposition, I raised the issue that the property was improperly
posted. Public notice of the hearing was posted only on one side of the sign such that traffic
travelling westbound on Hill Road would not see the sign. Accordingly, the hearing was
improper and should be noticed properly.
July 10, 2017
Page 2
Mr. Poe, in his letter dated June 26, claims there is no "nexus" between the Council's
decision to require a cross access with my client's property and the rezone application. Mr. Poe
conveniently does not mention that the rezone application is nothing more than an expansion of
the existing project nor that the expansion will permit even more traffic to travel from the
existing location onto my client's property as a result of the Council's prior decision to require
(as a condition of approval to the development of Japheth's property) cross access from the
existing Storage 55 property onto Japheth's property. Those realities create the required nexus to
support Council's decision.
To preserve the record, I further ask Council to reconsider their decision and deny the
application on the grounds that the application fails to comply with the comprehensive plan, that
the application should be a conditional use permit application and the application fails to meet
the required set back requirements. The application should be denied as it will be hazardous or
disturbing to existing or future neighboring uses; will be detrimental to the economic welfare of
the community; will involve uses and conditions of operation that will be detrimental to any
persons, or property by reason of excessive production of traffic; and will have vehicular
approaches to the property so designed as to create an interference with traffic on surrounding
public thoroughfares. Finally, Mr. Poe's request for reconsideration is improper as he• did not
provide testimony at the initial hearing.
Again, thank you for your time and attention to this matter. To the extent Council should
seek to change its decision so as to not require cross access to Japheth's property, Japheth asks
that you deny the application on the grounds stated above.
TWT:
Very truly yours,
HA a _ TROXELL ENNIS & HAWLEY LLP
imothy
Exhibit "L"
BEFORE 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 JEFFERY MOWER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-07
The above -entitled rezone application came before the Eagle City Council for their action on July 24,
2007. The 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:
Jeffery Mower, represented by Mike Fairchild, Architect, LLC, is requesting approval of a
rezone from A -R (Agricultural -Residential) to BP -DA (Business Park with a development
agreement) to facilitate the construction of a self storage facility. The 2.00 -acre site is
located on the south side of E. Hill Road approximately 560 feet east of State Highway 55
at 2871 E. Hill Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Storage 55 office at 6:00 PM, February 26,
2007, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on March 8, 2007.
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 April 19, 2007. 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 April 16, 2007. The site was posted in accordance with the Eagle City Code on
March 28, 2007. Requests for agencies' reviews were transmitted on March 22, 2007, 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 July 9, 2007. 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 2, 2007. The site was
posted in accordance with the Eagle City Code on July 13, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 22, 2005, the Eagle City Council reviewed and approved a rezone application
with development agreement (RZ-15-04) for the adjacent property to the west.
On September 13, 2005, the Eagle City Council reviewed and approved a design review
application for a self storage facility and associated office (Storage 55) on the adjacent
property to the west.
Page 1 of 10
K:\planning Dept\Eagle Applicedons\RZ&AVA07\RZ-05.07 ccidoc
E. COMPANION APPLICATIONS: (None)
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
DESIGNATION
A -R (Agricultural -
Residential)
BP -DA (Business Park with
Development Agreement)
BP (Business Park)
RUT (Rural Urban
Transition — Ada County
designation)
A -R (Agricultural -
Residential)
BP -DA (Business Park with
Development Agreement)
LAND USE
Single-family dwelling
Self -storage facility
(Storage 55 -Phase Two)
Gravel extraction
Single-family dwelling
Single-family dwelling
Self -storage facility
(Storage 55 -Phase Two)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 2.00 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on March 7, 2007, provided by
the applicant's representative. (Attached within the staff report and referenced herein by
reference)
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter date stamped by the City on March 7, 2007, provided by
the applicant's representative. (Attached within the staff report and referenced herein by
reference)
K. AVAILABILITY AND ADEQUACY OF UTIL11LES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received. A letter from the water utility that provides service to the site will be required
prior to the issuance of any building permits on the site.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON -CONFORMING USES: None apparent on-site.
N. 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:
Page 2 of 10
K\Plannin¢ DentMaale Applications \RZ&A\200TR7-GS-07 esf dnc
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
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:
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:
• 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 Dercent (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.
Page 3 of 10
IC:\Planning Dept\Eagle Applications\RZ&A\200TRZ-05-07 cd:doe
• Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
• Eagle City Code, Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
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 City of Eagle 2000 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 City of Eagle 2000 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 does not meet 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 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 similar to the approval of the storage facility 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 development agreements allow a specific
Page 4 of 10
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 as the development is built, a common theme among all the structures and landscaping
will be maintained. The applicant has submitted building elevations depicting the design of
the outer walls of the facility, which show features that are not typical of a self -storage facility
and comparable to the adjacent 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 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
eastem property lines by ten -feet (10'). When considering a reduction in the minimum yard
requirements, the Council will review the screening methods used to justify the reduction,
which may include a fence and/or landscaping. It may be considered that because the entire
operation and activities of the facility are within a walled complex and landscaping will be
provided along the perimeter of said wall, the yard requirement reduction of 50% (20 -feet)
may be warranted. Further, since the surrounding parcels are anticipated to be developed with
uses consistent with the Business Park zoning district (as shown on the City of Eagle 2000
Comprehensive Plan) a reduction to ten -feet (10') (as proposed by the applicant) may be
regarded as compatible with the surrounding areas (as a point of information, Eagle City Code
requires no minimum building setback from the side and rear lot lines in the BP zoning
district). Staff will defer to the Planning and Zoning Commission and the City Council
regarding this matter.
• The applicant has submitted a conceptual drawing of the parcel showing the construction of a
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.
Page 5 of 10
K:1Planning Dept\Eagle Applicationa\R7&A\20071RZ-05-07 cc doc
• With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes 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 in accordance with the Business Park designation 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 as conditioned herein, to serve any and all uses allowed on
this property under the proposed zone;
c. The proposed BP -DA (Business Park with a development agreement) is compatible
with the BP -DA (Business Park with a development agreement) zone and land use to
the west since that area is designated on the Comprehensive Plan Land Use Map as
Business Park and a similar use currently exists on the site;
d. The proposed BP -DA (Business Park with a development agreement) is compatible
with the BP (Business Park) zone and land uses to the north since that area can be
developed in a similar manner;
e. The proposed BP -DA (Business Park with a development agreement) is compatible
with the A -R (Agricultural -Residential) zone and land uses to the east since that area
is designated on the Comprehensive Plan Land Use Map as Business Park and can be
developed in a similar manner;
f. The proposed BP -DA (Business Park with a development agreement) is compatible
with the RUT (Ada County designation) zone and land uses to the south since that
area is designated on the Comprehensive Plan Land Use Map as Business Park and
can be developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone, if all conditions
required within the development agreement are complied with.
STAFF RECOMMENDATION PROVIDED Vvfinuv THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the
requested rezone from A -R (Agricultural -Residential) to BP -DA (Business Park with
development agreement), with the following conditions to be placed within a development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMNIISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 7,
2007, at which time testimony was taken and the public hearing was continued to June 18, 2007, 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 this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual who claimed the applicant had removed their fence and stole several fence
panels. They also stated that survey stakes which had been placed on the property were removed by the
applicant and indicated that the new fence is encroaching on their property. The applicant provided
several pictures showing the new fence and dirt material that was left adjacent to the fence. The
individual also indicated the fence panels were not securely attached to the fence posts.
Page 6of10
R•\OI.......... T.r\t...�. r__�....._----•.nN.•nn, nr nn __r J_.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-05-07 for a rezone with a
development agreement from A -R (Agricultural -Residential) to BP -DA (Business Park with a
development agreement) for Jeffery Mower with conditions to be placed within a development
agreement shown within their Findings of Fact and Conclusions of Law document, dated July 2,
2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 24, 2007, 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 this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor or opposed to the proposal was presented by one (1) individual who
owns the adjacent property to the south. The individual indicated that someone working for the
applicant pulled the survey stakes placed by the Idaho Transportation Department ([I D). The
individual also indicated that due to the survey stakes being pulled the fence constructed by the
applicant is not located on the property line and requested that the fence be moved to the original
property line.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve RZ-05-07 for a rezone with a
development agreement from A -R (Agriculture Residential) to BP -DA (Business Park with a
development agreement) for Jeffery Mower with the following Planning and Zoning Commission
recommended conditions to be placed within a development agreement:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building
Elevation Plans (Exhibit "B") represents 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.
2.2 Except for the limitations and allowances expressly set forth above and the other
terms of this Agreement, the Property can be developed and used consistent with the
Business Park District land uses allowed by the Eagle City Code Section 8-2-3
"Official Schedule of District Regulations", existing at the time a design review
application or conditional use permit application (whichever the case may be) is
made for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered
permitted uses and all uses shown as "C" conditional uses under the MU zoning
designation shall require a conditional use permit.
Page 7 of 10
K.\Planning Dept \Eagle Applications \ RZ&A\2007\RZ-05-07 cc£doc
The following use which is shown as "C" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
• Storage (enclosed building)
2.3 The Applicant shall remove the residence and all accessory (secondary) structures
from the site prior to the issuance of any building permits for the site. Demolition
permits shall be obtained prior to the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum
20% allowed by Eagle City Code.
2.5 The driveway providing access to East Hill Road approximately thirty feet (30')
west of the eastem boundary shall be used for emergency access only by securing
the access with a wrought iron gate.
2.6 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 design review.
2.7 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.8 The design of the self -storage facility shall incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on
those facing Hill Road to deter the construction of a monoplane structure and shall
remain substantially as shown on the attached Building Elevation Plans (Exhibit
"B"). No portion of any building shall exceed 35 -feet in height, as measured from
the foundation to the peak of the roof.
2.9 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site.
2.10 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
2.11 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
2.12 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
2.13 The applicant shall obtain permission of the property owner to the south so that the
fence on the southern property line may be repaired (if permission is not granted,
then the repairs noted herein shall not be required). The fence shall be repaired to
ensure that posts are located on the property line, the panels are tightened so as to
not bow out, and the panels are secured to the fence posts with a minimum of three
metal tie downs per post.
2.14 The City will not adopt an ordinance to rezone the property until the property line
dispute is resolved regarding the southern boundary line adjacent to the property
Page 8 of 10
KAPlanninn T...NP.d. A....1:...«.....\o 73.•WIATD 7 ne n�...e �..
located at 9605 North Horseshoe Bend Road.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Storage 55 office at 6:00 PM, February 26, 2007, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on March 8, 2007.
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 April 19, 2007. 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 April 16, 2007. The site was posted in accordance
with the Eagle City Code on March 28, 2007. Requests for agencies' reviews were transmitted on
March 22, 2007, 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 July 9, 2007.
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 2, 2007. The site was posted in accordance with the Eagle City Code on July 13,
2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-05-07) 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) zoning designation is in accordance with the Business Park designation
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 as conditioned herein, to serve any and all uses allowed on
this property under the proposed zone;
c. The proposed BP -DA (Business Park with a development agreement) zoning
designation is compatible with the BP -DA (Business Park with a development
agreement) zone and land use to the west since that area is designated on the
Comprehensive Plan Land Use Map as Business Park and a similar use currently
exists on the site;
d. The proposed BP -DA (Business Park with a development agreement) zoning
designation is compatible with the BP (Business Park) zone and land uses to the north
since that area can be developed in a similar manner;
e. The proposed BP -DA (Business Park with a development agreement) zoning
designation is compatible with the A -R (Agricultural -Residential) zone and land uses
to the east since that area is designated on the Comprehensive Plan Land Use Map as
Page 9 of 10
IC �Plenning Dept\Eagle Applications \RZ&A\2007\12-05-07 ccf.doc
}
Business Park and can be developed in a similar manner;
f. The proposed BP -DA (Business Park with a development agreement) zoning
designation is compatible with the RUT (Ada County designation) zone and land uses
to the south since that area is designated on the Comprehensive Plan Land Use Map as
Business Park and can be developed in a similar manner;
g.
The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone if all conditions
required within the development agreement are complied with.
4. The City Council determined that since Eagle City Code states that a development agreement allows a
specific project with a specific use to be developed on property that is conditional in the requested
zone, the development agreement will be equal to a conditional use permit because the City has
required conditions to guide the appropriate development of the subject site. These conditions, in part,
will ensure that the site is designed to be compatible with surrounding uses (and future uses) and that
the structure is built to be aesthetically pleasing and harmonious with the design goals and objectives
of the City.
DATED this 14th day of August 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Nancy C. Merrill, Mayor
ATTEST:
haron . Bergmann, Eagle City Clef
.01 lllll 188144
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Page 10 of 10
K:\Planning Dept\Eagle Applications \RZ&A\2007\RZ-05-07 cct doc
March 27, 2007
To:
Subject:
Exhibit "M"
Ilarhi,
evn. va ecto 5'e s4&
Jeffery Mower
3306 South Heritage Avenue
Boise, ID 83709
ERZ-05-07
Storage Facility
2871 East Hill Road
John S. Franden, President
Rebecca W. Amold, Vice President
Sherry R. Huber, Commissioner
Dave Blvens, Commissioner
Carol A. McKee, Commissioner
NeOSIVi b & FILED
CITY OF EAGLE
File:
Route to:
On March 27, 2007, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6170.
Sincerely,
Ryan McDaniel
Planner I
Right -of -Way & Development Services
Ada County Highway District
CC: Project file, Utilities
City of Eagle
Mike Fairchild
7964 Open Sky Road
Middleton, ID 83644
Ada County Highway District • 3775 Adams Street o Garden City, ID o 83714 o PH 208-387-6100 o FX 345-7650 • www.achd.ada.id.us
Right -of -Way & Development Services Departmenn
etits rwrrdto 5e.r rdce
Project/FIIe: ERZ-06-07
This is a rezone application to allow a storage facility on 2 acres.
Lead Agency: City of Eagle
Site address: 2871 East Hill Road
Staff Level
Approval: March 26, 2007
Applicant: Jeffery Mower
3306 South Heritage Avenue
Boise, ID 83709
Representative: Mike Fairchild
7964 Open Sky Road
Middleton, ID 83644
Staff Contact: Ryan McDaniel
Phone: 387-6174
email: rmcdanielaachd.ada.id.us
Tech Review: March 20, 2007 via telephone
Application Information:
Acreage: 2
Current Zoning: A -R
Proposed Zoning: Commercial
A Findings of Fact
Existing Conditions
1. Site Information:
There is currently a single family
dwelling on the site.
Description of Adjacent Surrounding Area:
Direction 1 Land Use
North 1 Vacant
South 1 Vacant
East 1 Single family dwelling
West 1 Storage Facility (Phase I)
Zoning
BP
RUT
A -R
j BP -DA
2. Existing Roadway Improvements and Right -of -Way Abutting or Near the Site:
Hill Road is currently improved with 2 -traffic lanes, 24 -feet of pavement with
no curb, gutter or sidewalk abutting the site. There is 50 to 62 feet of right-of-
way existing for Hill Road (25 to 31 feet from centerline).
SH55 is currently improved with 2 -traffic lanes, 72 -feet of pavement with no
curb, gutter or sidewalk. There is 140 -feet of right-of-way existing for SH55
(70 -feet from centerline). The subject site does not have frontage on this
roadway.
Horseshoe Bend Road is currently improved with 2 -traffic lanes, 36 -feet of
pavement with no curb, gutter or sidewalk. There is 90 -feet of right-of-way
existing for Horseshoe Bend Road (25 -feet from centerline). The subject site
does not have frontage on this roadway.
3. Existing Access: There is one defined access point to Hill Road from this property.
4. Site History: On January 4, 2005, ACHD staff provided comments to the City of Eagle for a
rezone application ERZ-15-04, on phase I of this development.
On May 23, 2005, ACHD staff provided comments to the City of Eagle for a
design review application EDR-44-05, on phase I of this development.
Development Impacts
5. Trip Generation:
6. Impact Fees:
This development is estimated to generate 208 additional vehicle trips per
day (10 existing) based on the Institute of Transportation Engineers Trip
Generation Mini -Warehouse land use designation.
There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impact fee
ordinance that is in effect at that time.
7. Traffic Study: A traffic impact study was not required with this application.
8. Impacted Roadways:
Roadway Frontage Functional
Classification
Hill Road 495 -Feet Minor Arterial
SH55 0 -Feet
Traffic Count
3,006 west of SH 55
on 5/11/05
Level of
Service*
Better than
Speed
Limit
35 MPH
3,943 east of SH 55
on 4/26/05
Principal Arterial 13,257 north of Hill Better than 55 MPH
Road on 4/26/05 °C°
14,218 south of Hill
Road on 4/26/05
Horseshoe 0 -Feet Major Collector 4,708 north of Hill Better than 35 MPH
Bend Road Road on 1/4/05 "C"
*Acceptable level of service for a five -lane principal arterial roadway is "E" (37,000 ADT).
*Acceptable level of service for a two-lane collector roadway is "D" (9,500 ADT).
9. Capital Improvements Plan/Five Year Work Program
Hill Road, west of SH 55 is listed in the Five Year Work Program for widening to a 3 -lane roadway
complete with vertical curb, gutter and sidewalk. The intersection of Hill Road and SH 55 is also
listed for future signalization.
Bo Findings for Consideration
This application is for a rezone only. Listed below are some of the findings for consideration
that the District may identify when it reviews a future development application. The District may
add additional findings for consideration when it reviews a specific redevelopment application.
1. Hill Road
District Access Management Policy:
District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The
developer shall try to use combined access points. If the developer can show that the use of a
combined access point to a collector or arterial street is impractical, the District may consider direct
access points. Access points for proposed developments at intersections should be located as far
from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless
a waiver for the access point has been approved by the District Commission.
District Right -of -Way Policy:
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-
way allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached
sidewalks and bike lanes.
District Sidewalk Policy:
District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all collector
roadways and arterial roadways (7204.7.2).
2. Emergency Access
The applicant is proposing an emergency vehicle access on Hill Road. The access should be
restricted with a means approved by the Fire Department (i.e. gate, bollards, et cetera).
3. Other Access
Hill Road is classified as a major collector roadway: all access points to Hill Road will be closed:
direct lot access to Hill Road is prohibited and should be noted on the final plat.
4. Standard Conditions
Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with the file
numbers) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with the file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees is required prior to building construction in accordance with
Ordinance #202, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
12. 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 Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. 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 Highway District 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.
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Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an
error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary of Highway Systems, which must be filed within ten (10) working days from
the date of the decision that is the subject of the appeal. The notice of appeal shall refer
to the decision being appealed, identify the appellant by name, address and telephone
number and state the grounds for the appeal. The grounds shall include a written
summary of the provisions of the policy relevant to the appeal and/or the facts and law
relied upon and shall include a written argument in support of the appeal. The
Commission shall not consider a notice of appeal that does not comply with the
provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the fling of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission
hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the
appeal will be noticed and scheduled on the Commission agenda at a regular meeting to
be held within thirty (30) days following the delivery to the appellant of the ROWDS
Manager's reply to the notice of appeal. A copy of the decision being appealed, the
notice of appeal and the reply shall be delivered to the Commission at least one (1)
week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
Exhibit "N"
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
IA COUNTY RECORP7 '. DAVID NAVARRO AMOUNT .00
ISE IDAHO 12/13!04, 49 PM
DUTYRDPEDa—REQUEST OF to Thompson
COIII I�IIII 9�I�II�IIIIIII�III�II II D �I
nun
1071 Ea4795
DEVELOPMENT AGRIE1EMENT
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into on the date as indicated herein, by and
between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its
Mayor, and Jeffery Mower. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 2871 E. Hill
Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A)
which is the subject of an application for Rezone identified as Rezone Application No. RZ-05-07; and
WHEREAS, the proposed development includes properties within an area currently zoned A -R
(Agricultural -Residential); and
WHEREAS, the Applicant desires a BP -DA (Business Park with a development agreement)
zoning classification to develop a self storage facility use on the above described property, which is herein
referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any commercial project upon the Property must be limited with the use of a development
agreement to prevent undue damage to, and to otherwise be in hannony with, the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicants use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth herein
upon the use and development of the Property and has consented to a BP -DA (Business Park with a
development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and
Page 1 of 7
K:'.Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fel ver.doc
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the
subject of the application to a BP -DA (Business Park with a development agreement) zoning designation,
after recordation of, and subject to the provisions of this Development Agreement. The ordinance will
become effective after its passage, approval, and publication and the execution and recordation of this
Development Agreement.
ARTICLE 11
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the Business Park District ("BP -DA"), after recordation of, and subject to the
provisions of this Development Agreement. The ordinance will become effective after its passage,
approval, and publication and the execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B") and Building Elevation Plans
(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.
3.2 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Business Park District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever the
case may be) is made for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit.
The following use which is shown as "C" conditional uses under the MU zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses
on the Property:
• Storage (enclosed building)
Page 2 of 7
K:\Planning Dept\Eagle Applications\RZ&A\2OO7\RZ-05-07 da cc fn1 ver.doc
3.3 The Applicant shall remove the residence and all accessory (secondary) structures from the site prior
to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the
removal of said buildings.
3.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed garages, the
facility is permitted to store said vehicles in excess of the maximum 20% allowed by Eagle City
Code.
3.5 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.
3.6 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 design review.
3.7 The building configuration (footprint) shall remain substantially as shown on the attached Site Plan
(Exhibit "B").
3.8 The design of the self -storage facility shall incorporate architectural elements (materials, colors,
appurtenances) upon the building walls, with an emphasis on those facing Hill Road to deter the
construction of a monoplane structure and shall remain substantially as shown on the attached
Building Elevation Plans (Exhibit "C"). No portion of any building shall exceed 35 -feet in height,
as measured from the foundation to the peak of the roof.
3.9 The applicant shall construct a five-foot (5') wide meandering concrete sidewallc along Hill Road
abutting the northern boundary of the site.
3.10 The Applicant shall submit a Design Review application for the site to the Design Review Board
for review and approval prior to the issuance of any building permits.
3.11 The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied.
3.12 The Applicant's property shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of a building permit for this site.
3.13 The applicant shall obtain permission of the property owner to the south so that the fence on the
southern property line may be repaired (if permission is not granted, then the repairs noted herein
shall not be required). The fence shall be repaired to ensure that posts are located on the property
line, the panels are tightened so as to not bow out, and the panels are secured to the fence posts with
a minimum of three metal tie downs per post.
3.14 The City will not adopt an ordinance to rezone the property until the property line dispute is resolved
regarding the southern boundary line adjacent to the property located at 9605 North Horseshoe Bend
Road.
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ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement
and to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall
be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
5.3 If any term, provision, commitment, or restriction of this Development Agreement or the application
thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this instrument shall terminate and the zoning of the property shall revert to the A -R
(Agricultural -Residential) zoning designation unless the portion of this instrument determined to be
invalid or unenforceable is re -negotiated in good faith between the Applicant (or other appropriate party)
and Eagle as an amendment to the Development Agreement processed in accordance with the notice and
hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Applicants
(or other appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Applicant. Each commitment and restriction on the development shall be a burden on
the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
Page 4 of 7
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representatives, successors, and assigns; provided, however, that if all or any portion of the development is
sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be liable for all commitments and other obligations arising under this Agreement with
respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither party shall
have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Jeffery Mower
3306 S. Heritage Ave.
Boise, 1083709
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
Page 5 of 7
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7.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7 -
years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this q day of
ATTEST:
007.
'
AGL
�E
O deeeera o•''0:
A/4.4N 4t
C o ®
°sU 0° vio®ciAo
eY -ye�e m�
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Ira if. °,6,
—"SharonK. Bergmann, City Cl rk
STATE OF IDAHO
. ss.
County of Ada )
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:___1 )114,W
JeffeIor
f4,
On this day o , 2007, before the undersigned notary public in and for
the said state, personally appeared Nancy C. Merrill, known or identified to me to be the Mayor of the City
of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged
to me that said City executed the same.
written.
1nnn.I.•,•
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
§1, Notary Public for Id
1044k
ase Residing at:
My Commission Expires:
PUBIA
.POF1
Page 6 of 7
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STATE OF IDAHO
. ss.
County of Ada )
On this 11 day of I'4 , 2007, before the undersigned notary public in and for
the said state, personally appeared Jeffery Mower, known or identified to me to be the owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
4,00sosainisa. 1440 Jai il
a.•o�`�,�olt L. WIN
�'Notary Public for daho If
,>� �l,s Residing at: . is,/
•` �¢TA�a, ▪ My Commission Expires:
written.
•
cs
•
•
•., �▪ ► •
Page 7 of 7
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12/04/2007 21:10 2085853443
PARCEL 1 EXHIBIT "A"
A met of 1 in the Soutlast Q titer of Section /0, Towiisligt 4 North, Range. 1 Bit;
&lite Meridian; Ada County: Idaho, more Fviticularly deseribad� folk+ c•.
Coxtuaciciag at the Southeast owner of Section 10, Township 4 North, Range It Ems,
Boise Meridian; thence
Noah.dong the -East lune of ext 10; a- distanceof 52 feet to a point; t ei ce
Nom 69°3g West a%tg the Southerly right of way of Hill Road, a distance of 692.8 feet
to the POA T OF BEGINN1 G; thence due South parallel with the East Section line of
Section 10, a distance of 294,82 feet to a point on the South line of Section Ill; 'thence
due East along the South tine of Sedion 10, 16 ,03 fe t to i point; thence- d. Ne h
parallel. With the East line of Scour-_ 10r a distev.4. of 23111. fact to a point on the
Southerly right of way Of Hill Road; thence
?north 69°3J' Wei along the Souther'', .tight of way of Hill Road a distance of176.19 feet
0; the REAL PONTOEBTARNI1ING.
PAGE 02/02
PA.R.CEL 2
A tract of /and in the Southeast Quarter of Section 10. Township 4 North.,Range ; 1".:.•st;
Boise Vidian, Ada Coinuy, Idaho, more particularly described as follows:
Commencing menc at the :SoUtheast comma of Section 10, Togasship 4 North, RArige 1 Eas;,
Boal Meridian; thence
North along the East line of Section 10 a distanee of 42 feet to a point; these
r=off 69° i0' West along the Southerly rim away of Hill Raul, ? distance of 692.8 feet
to -the POINT OF'aEGRINlG; theme continuing
North 69-30' West along the Southerly right away of Bili Road, a distance of 145.2 feet
to a point; thence due South parallel with tete East line of Seaton 10, a distance of 345.67
feet to a point on the South ii of motion 1V; thence due East along t South ,sae. of
Semon i& 1-'36.02 feet to 4 piit; taw (, North mrAiel with the East line of Section
10, a• diszanco. of 2.94.8 feat°; the REAL ?O TT OF BEG -M:131 .
RECEIVED & FILED
CITY OF EAGLE
DEC 052007
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MAR 0 t 2007
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INILJEVAMOVO
O18 ITCH • rMra@1 RE11T
Exhibit "0"
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
REZONE FROM A -R (AGRICULTURAL -RESIDENTIAL)
TO BP -DA (BUSINESS PARK WITH DEVELOPMENT PARK)
FOR GLENN MOSELL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-15-04
The above -entitled rezone application came before the Eagle City Council for their action on March 8,
2005, at which time testimony was taken and the public hearing was closed. The 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:
Glenn Mosell, represented by The Land Group, Inc., is requesting a rezone from A -R
(Agricultural -Residential) to BP -DA (Business Park with Development Agreement) for
the construction of a self storage facility. The 4.32 -acre parcel is located on the south side
of Hill Road approximately 240 -feet east of State Highway 55 at 2835 East Hill Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 9, 2004.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on January 3, 2005. Notice of this public hearing was
mailed to property owners within three -hundred feet (300 -feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on December 28, 2004. Requests for agencies' reviews were transmitted on
December 10, 2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 21, 2005. Notice of this public hearing was mailed to property
owners within three -hundred feet (300 -feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 16,
2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (none)
E. COMPANION APPLICATIONS: (none)
Page l of 10
ICAPkouting Dga*Eagk Aij it % onARZ&A52W4 RZ1S-OI cad=
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
Commercial
ZONING
DESIGNATION
A -R (Agricultural -Residential)
BP -DA (Business Park with
Development Agreement)
BP (Business Park)
RUT (Rural Urban Transition —
Ada County designation)
A -R (Agricultural -Residential)
C -3 -DA (Highway Business
District with Development
Agreement)
LAND USE
Single-family dwelling
Mini -storage facility
Gravel extraction
Single-family dwelling
Single-family dwelling
Single-family dwelling
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 4.32 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The justification letter (date stamped by the City on December 9, 2004) provided by the
applicant's representative is incorporated herein by reference.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The justification letter (date stamped by the City on December 9, 2004) provided by the
applicant's representative is incorporated herein by reference.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received. The Eagle Sewer District states that the subject property would need to be
annexed into the District's service boundaries, and construction drawings approved, to
obtain central sewer service. A Letter from the water utility that provides service to the site
will be required prior to the issuance of any building permits on the site.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON -CONFORMING USES: None apparent on the site.
Page 2 of 10
K1Plmomy DgseEstgle App6cation RZIA12004\RZ-15-04 ccf duc
0
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
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:
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:
• ECC Section 8-1-2 WAREHOUSING AND STORAGE:
Ministorage: Provision of storage space for household or commercial goods within an
enclosed building with direct public access to individual storage spaces. Mav include
vehicle storaee to a maximum of twenty percent (20%) of the site. Where greater than
twenty percent (20%) of the site is allocated to vehicle storage, the vehicle storage must be
treated as a separate use.
• ECC Section 8-2-1 BP BUSINESS PARK DISTRICT:
To encourage the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities including small scale
production, distribution and storage of goods. Support activities may also be permitted.
All development within this district shall be designed to be within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or
glare. Such development shall be operated entirely within enclosed structures, and
generate minimal industrial traffic. All development requiring a conditional use permit in
the BP zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of this
title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
Page 3 of 10
ICAtimining Depffloak Arr ,Az&AVaw RZ15.O4 «doe
adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the BP zoning district within section 8-2-3 of this chapter.
• ECC Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting Residential
Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
• ECC Section 8-10-1(A): REQUIREMENTS AND RESTRICTIONS (for development
agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
C. DISCUSSION:
• Staff believes that a BP -DA (Business Park with development agreement) zoning designation
for this site is appropriate since the parcel is designated Business Park as shown on the City of
Eagle 2000 Comprehensive Plan Land Use Plan. Lands further to the south of this site are
either approved for Business Park zoning and development or are proposed for the same.
This site is compatible with the sites to the north and east since those sites are expected to
develop in a manner consistent with the Business Park designation as specified in the City of
Eagle 2000 Comprehensive Plan. And, this site is compatible with the zoning designation and
development proposed to the west since that site will have commercial uses that would be
considered more intensive than the mini -storage proposed for the subject site.
• Eagle City Code requires that upon the development of a property and use that requires a
conditional use permit within the BP (Business Park) zoning district, the application must be
administered through the PUD and/or development agreement process. However, since this
site does not meet the minimum acreage requirement of ten (10) acres to qualify for a
development agreement, the conditional use process is to be utilized unless the proposed use is
shown as a permitted use in the BP zoning district within Section 8-2-3 of Eagle City Code.
However, because of the nature of this project, staff believes that the application should
proceed through the development agreement. A goal of the BP zoning district is to ensure that
new development is compatible with both existing and future development, to be located
within a landscaped setting, and be free of hazardous or objectionable elements such as noise,
odor, dust, smoke or glare. A second purpose is to ensure that properties come together in a
coordinated and well-balanced manner that promote a design character that is in keeping with
an intended theme of the City. While uses that are shown as permitted uses may have
previously been deemed acceptable in the BP zone (pursuant to the "Official Schedule of
Page 4 of 10
KAPhoming DgxtlEagk A oos RZ&A�2OO4 RZ-15-04 ccWoc
District Regulations"- ECC Section 8-2-3) the site may not grow in a synchronized manner
and an overall style of the development may be diminished. The development agreement
would establish a desired end result of the project at full build out to create a sustainable
development. Further, Eagle City Code states that development agreements allow a specific
project with a specific use to be developed on property that is conditional in the requested
zone. It may be considered that the development agreement will be equal to a conditional use
permit in that it allows for the City to set conditions that require that the development be built
in conformance with the previously discussed goals and objectives.
• It should also be emphasized that the Design Review process will play a vital role in assuring
that as the development is built, a common theme among all the structures and landscaping
will be maintained. The applicant has submitted building elevations depicting the design of
the outer walls of the facility, which show features that are not typical of a mini -storage
facility. The majority of the wall faces are to be constructed with appurtenances, texture
variations, and false windows to alleviate the monoplane appearance of the long walls and to
provide a design character that will be more attuned to anticipated future land uses in the area.
Eagle City Code Section 8-3-3 (D) states that when a commercial use abuts a residential
district, the use shall not be located closer than forty -feet (40') to any lot line of the district
except that the minimum yard requirements may be reduced to fifty percent (50%) of the
requirement if acceptable landscaping or screening approved by the Council is provided. The
applicant has shown on the site plan that the buildings are setback from the southern and
eastern property lines by ten -feet (10'). When considering a reduction in the minimum yard
requirements, the Council will review the screening methods used to justify the reduction,
which may include a fence and/or landscaping. It may be considered that because the entire
operation and activities of the facility are within a walled complex and landscaping will be
provided along the perimeter of said wall, the yard requirement reduction of 50% (20 -feet)
may be warranted. Further, since the surrounding parcels are anticipated to be developed with
uses consistent with the Business Park zoning district (as shown on the City of Eagle 2000
Comprehensive Plan) a reduction to ten -feet (10') (as proposed by the applicant) may be
regarded as compatible with the surrounding areas (as a point of information, Eagle City Code
requires no minimum building setback from the side and rear lot lines in the BP zoning
district). Staff will defer to the Planning and Zoning Commission and the City Council
regarding this matter.
• The applicant has submitted a conceptual drawing of the parcel showing the construction of a
mini -storage with a caretaker's quarters. The site is proposed to have access through one (1)
driveway on Hill Road, located approximately 400 -feet east of the intersection of Hill Road
and State Highway 55. Upon the review of a development proposed for the parcel to the west
(RZ-6-99), it was determined that a cross access agreement was required for the eastern
boundary of that site since any driveway access to Hill Road would not meet the required
minimum offset of 220 -feet from the intersection of Hill Road and State Highway 55. Further,
it was concluded that upon the development of the subject site, a reciprocal cross access would
be required with the parcel to the west to accommodate the right-in/right-out only driveway.
Since that time, ACHD has included in the District's Five Year Work Program a project to
improve and signalize the intersection of Hill Road and State Highway 55 and in the future, it
is anticipated that Hill Road will be widened to include a median strip. Because of these
measures, ACHD will not require the mini -storage facility to provide cross -access (as was
previously required) to the parcel to the west due to the fact that the minimum driveway offsets
can be met between the driveway for the mini -storage facility and the parcel to the west and
Page 5 of 10
K Pluming DeptlEuple NTGcuionARLIA20041RZ-15-04 atdue
ACHD anticipates allowing the parcel to the west to have a right-in/right-out driveway only
once the Hill Road/State Highway 55 intersection is improved and signalized.
• Eagle City Code states that where greater than twenty percent (20%) of a mini -storage site is
allocated to vehicle storage, the vehicle storage must be treated as a separate use. Staff has
interpreted this provision to act as a means to prevent the collection of a multitude of vehicles
in open view and stored in conditions considered unsightly. Since the applicant intends to
have doors on the separate units, the vehicles will be located out of sight and will not
contribute to nuisance glare or clutter, no difference could be made as to the contents of the
storage units. Staff recommends that since the doors will shield the storage contents from
view (in addition to the walls), vehicle storage in excess of twenty percent (20%) of the site
may be allocated to vehicle storage.
• In order to ensure the appropriate development of the site, staff has recommended the
following conditions to be placed within a development agreement:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building
Elevation Plans (Exhibit "B") represents an example of the Applicant's current
concept for the site and understands and agrees that changes in that concept will likely
occur. The Applicant also understands and agrees that any changes regarding
development of the site must be in conformance with the "Conditions of
Development" stated herein.
2.2 Mini -Storage facility (with associated caretaker's office/residence) shall be the only
use permitted to be developed on the site.
2.3 The Applicant shall remove all accessory (secondary) structures from the site prior to
the issuance of any building permits for the site. Demolition permits shall be obtained
prior to the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum 20%
allowed by Eagle City Code.
2.5 Landscape buffering and siting of the Mini -storage facility shall be designed to
mitigate the effects of the development on adjacent residences. All new construction
shall be setback from the eastern and southern property lines a minimum of ten -feet
(10') and those setback areas shall be landscaped with dense plant material.
2.6 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.7 The design of the Mini -storage facility shall incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on those
facing Hill Road and State Highway 55, to deter the construction of a monoplane
structure and shall remain substantially as shown on the attached Building Elevation
Plans (Exhibit "B"). No portion of any building shall exceed 35 -feet in height, as
measured from the foundation to the peak of the roof.
2.8 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site.
Page 6 of 10
x
DeptlEask ApplicationARZ&AQ004 Z-15.w.ccdoc
2.9 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
2.10 The development shall comply with the Eagle City Code, as it exists in fmal form at
the time an application is made and the conditions within this agreement shall be
satisfied.
2.11 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was scheduled to be held before the Planning and Zoning
Commission on January 18, 2005, and the public hearing was continued to February 7, 2005, at which
time testimony was taken and the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who felt that the proposed mini -storage facility
fit in well with the goals and objectives of the City Council and as reflected in the Comprehensive
Plan. Further, the Comprehensive Plan is a guide and the intention of the Business Park designation
(as written in the Plan) is to establish commercial uses consisting of indoor activities within a
landscaped setting.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of RZ-15-04 for a rezone from
A -R (Agricultural -Residential) to BP -DA (Business Park with development agreement) for Glenn
Mosell with conditions to be included within the development agreement as shown within their
Findings of Fact and Conclusions of Law document dated February 15, 2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 8, 2005, 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 this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
Page 7of10
K:1PWooing Dept Eagk Appb do slRZ&AA2W RZ-15-04 cd:doc
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-15-04 for a rezone from A -R (Agricultural -Residential) to
BP -DA (Business Park with development agreement) for Glenn Mosell with the following
Planning and Zoning Commission recommended conditions to be included within a development
agreement:
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building
Elevation Plans (Exhibit "B") represents an example of the Applicant's current
concept for the site and understands and agrees that changes in that concept will likely
occur. The Applicant also understands and agrees that any changes regarding
development of the site must be in conformance with the "Conditions of
Development" stated herein.
2.2 Mini -Storage facility (with associated caretaker's office/residence) shall be the only
use permitted to be developed on the site.
2.3 The Applicant shall remove all accessory (secondary) structures from the site prior to
the issuance of any building permits for the site. Demolition permits shall be obtained
prior to the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum 20%
allowed by Eagle City Code.
2.5 Landscape buffering and siting of the Mini -storage facility shall be designed to
mitigate the effects of the development on adjacent residences. All new construction
shall be setback from the eastern and southern property lines a minimum of ten feet
(10') and those setback areas shall be landscaped with dense plant material.
2.6 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.7 The design of the Mini -storage facility shall incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on those
facing Hill Road and State Highway 55, to deter the construction of a monoplane
structure and shall remain substantially as shown on the attached Building Elevation
Plans (Exhibit "B"). No portion of any building shall exceed 35 -feet in height, as
measured from the foundation to the peak of the roof.
2.8 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site.
2.9 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
2.10 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
2.11 The Applicant's property shall be annexed into the Eagle Sewer District's service
Page 8 of 10
K:WhaaitigDgAEgkApvlkatun RZ&Al200ARZLI-O4a Uat
C� D
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
2.12 Direct access from the site to State Highway 55 is prohibited.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 9, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 3, 2005. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on December 28, 2004. Requests for agencies' reviews
were transmitted on December 10, 2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 21,
2005. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on February 16, 2005
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-15-04) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of BP -DA (Business Park with development
agreement) is in accordance with the Comprehensive Plan established goals and
objectives since the site is to be zoned in a manner in accordance with the
Business Park land use designation as shown on the Comprehensive Plan Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve a mini -storage facility on this property under the
proposed zone;
c. The proposed BP -DA (Business Park with development agreement) is compatible
with the BP (Business Park) zoning district to the north since that site is expected
to develop in a manner consistent with the goals and objectives of the
Comprehensive Plan and the land uses as listed in Eagle City Code;
d. The proposed BP -DA (Business Park with development agreement) is compatible
with the RUT (Rural Urban Transition — Ada County designation) zoning district
to the south since that site is expected to develop in a manner consistent with the
Business Park designation as shown on the City of Eagle 2000 Comprehensive
Plan;
e. The proposed BP -DA (Business Park with development agreement) is compatible
with the C -3 -DA (Highway Business District with Development Agreement)
zoning district and development proposed to the west since that site will have
commercial uses that would be considered more intensive than the mini -storage
proposed for the subject site;
f. The proposed BP -DA (Business Park with development agreement) is compatible
Page 9 of 10
K1Phmmg DepdEogk AppIicatiocsSRZ&A 2OO4RZ-15.W cfkoe
with the A -R (Agricultural -Residential) zoning district to the east since that site is
expected to develop in a manner consistent with the Business Park designation as
shown on the City of Eagle 2000 Comprehensive Plan;
g. The land proposed for rezone is not located within a `Hazard Area" or "Special
Area" as described within the Comprehensive Plan, and;
h. No non -conforming uses are expected to be created with this rezone since none
are apparent on the site.
4. The City Council determined that since Eagle City Code states that a development agreement allows a
specific project with a specific use to be developed on property that is conditional in the requested
zone, the development agreement will be equal to a conditional use permit because the City has
required conditions to guide the appropriate development of the subject site. These conditions, in part,
will ensure that the site is designed to be compatible with surrounding uses (and future uses) and that
the structure is built to be aesthetically pleasing and harmonious with the design goals and objectives
of the City.
DATED this 22nd day of March 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Nan y C. Mei 11, Mayor /
ATTEST:
SharonK. Bergmann, Eagle City Cl k
Page 10 of 10
K.PIamw,1 Dept Eagle Arrrication %RZ&AVOOARZ-I5-04 cackle
}401114
John S. Franden, President
David E. Wynkoop 1st Vice President
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
Exhibit "P"
Acta ou y District
REcEivEDNsfFiLt.0
CITY OF EAGLE
To: Glenn Mosel!
PO Box 1694
Eagle, Idaho 83616
Subject: ERZ-15-04
Rezone
2835 East Hill Road
JAN 1 1 MUD
File.
Route to.
January 4, 2005
3775 N. Adams Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
.mail: tellus@ACHD.adald.us
On January 4, 2005, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at 208-387-6177.
Sincerely
Andrea N. Tuning
Planner III
Right-of-way & Developm-"services, Planning on
CC: Project file, Construction Services, Drainage, Utilities
City of Eagle
Land Group - Doug Russell
2835 East Hill Road
Eagle, Idaho 83616
Akill-L4:* Ada County Highway District
Right -of -Way & Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level on Tuesday January
4, 2005. Tech Review for this item was held with the applicant on Thursday December 30, 2004. Please
refer to the attachment for appeal guidelines. Staff contact: Andrea N. Tuning, 208 -387 -6177 -phone, 208-
387 -6393 -fax, atuninq(.achd.ada.id.us
File Numbers: ERZ-15-04 - Rezone
Site address: 2835 East Hill Road
Owner: Gerald Pitts
3637 Frozen Dog Road
Emmett Idaho 83617
Applicant:
Glenn Mosel!
PO Box 1694
Eagle, Idaho 83616
Representative: The Land Group
2835 East Hill Road
Eagle, Idaho 8616
Application Information:
The applicant has submitted an application to the City of Eagle requesting rezone approval. The applicant is
proposing to rezone the property from A -R to B -P. The 4.3 -acre site is located on the south side of Hill Road
just east of Highway 55. The site has frontage on Hill Road and Highway 55.
Acreage: 4.3 -acres
Current Zoning: A -R
Proposed Zoning: B -P
Vicinity Map
D
A. Findings of Fact
1. Trip Generation: This development is estimated to generate 192 additional vehicle trips per day (10
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
3. Traffic Impact Study: A traffic impact study was not required with this application.
4. Site Information: The site has one existing single-family dwelling
5. Description of Adjacent Surrounding Area:
a. North: 27.13 -acres zoned B -P
b. South: 9.78-acrse zoned RUT
c. East: 1.0 -acres zoned A -R
d. West: 0.672 -acre, 0.26 -acre sites zoned C-3DA and Picadilly Village Subdivision
•
6. Impacted Roadways
Hill Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
State Highway 55:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
350 -feet
Minor Arterial
West of Horseshoe Bend Road was 2,088 on 2-26-03
Better than C
30 MPH
270 -feet
Principal Arterial
South of Hill Road was 10,713 on 12-10-02
North of Hill Road was 9,954 on 12-10-02
Better than C
55 MPH
7. Roadway Improvements Adjacent To and Near the Site
Hill Road is improved with 2 -traffic lanes with no curb, gutter or sidewalk abutting the site.
State Highway 55 is improved with 5- traffic lanes with no curb, gutter or sidewalk abutting the site.
8. Existing Right -of -Way
Hill Road has a total of 90 to 54 -feet of right-of-way.
State Highway 55 has a total of 140 -feet of right-of-way (70 -feet from centerline).
9. Existing Access to the Site
The existing house has a 16 -foot wide driveway that intersects Hill Road approximately 35 -feet west
of the east property line.
10. Site History
The District has not previously reviewed a development application for this site.
11. Capital Improvements Plan/Five Year Work Program
The Hill Road and Highway 55 intersection is included in the District's Five Year Work Program and
Capital Improvements Plan to be signalized and improved.
C> D
B. Findings for Consideration
1. Hill Road — Right -of -Way and Street Improvements
Right -of -Way
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks
and bike lanes.
The applicant should dedicate a total of 48 -feet of right-of-way from the centerline of Hill Road
abutting the parcel to accommodate for the future improvement of the Hill Road and Highway 55
intersection improvements.
Sidewalk
District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all arterial
roadways.
The applicant should construct a 5 -foot wide concrete sidewalk on Hill Road abutting the site. The
applicant should construct the sidewalk a minimum of 41 -feet from the centerline of Hill Road.
2. State Highway 55
State Highway 55 is under the jurisdiction of the Idaho Transportation Department. The application
should contact ITD to determine if any improvements and/or additional right-of-way will be required as
a part of this application.
3. Driveways
District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection
to be located a minimum of 440 -feet from the signalized intersection for a full -access driveway and a
minimum of 220 feet from the signalized intersection for a right-in/right-out only driveway.
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
30 to align or offset a minimum of 125 -feet from any existing or proposed driveway.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type
facilities if located on local streets. Curb return type driveways with 15 foot radii will be required for
driveways accessing collector and arterial roadways.
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge.
The applicant is proposing to close the existing 17 -foot wide driveway that intersects Hill Road
approximately 30 feet west of the east property line. The applicant should close this driveway, as
proposed.
The applicant is proposing to construct a 30 -foot wide driveway that intersects Hill Road
approximately 395 -feet east of State Highway 55. This driveway is located approximately 175 -feet
east of an existing driveway that accesses the parcel to the west and approximately 225 feet west of
an existing driveway that accesses the parcel to the east. This driveway meets District policy in
regard to width and location at this time.
***Once the Hill Road and State Highway 55 intersection becomes signalized, the District may restrict
this driveway to a right-in/right-out driveway ONLY if safety and/or efficiency should become a
concem in the future.
4. Other Access
Hill Road is classified as a minor arterial roadway. Other than the access point that has specifically
been approved with this application, direct lot access to Hill Road is prohibited.
C. Site Specific Conditions of Approval
1. Dedicate 48 -feet of right-of-way from the centerline of Hill Road abutting the parcel by means of a
warranty deed. The right-of-way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or
prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing
ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance
#200), if funds are available.
2. Construct a 5 -foot wide concrete sidewalk on Hill Road abutting the site. Construct the sidewalk a
minimum of 41 -feet from the centerline of Hill Road.
3. Comply with requirements of ITD for State Highway 55 frontage. Submit to the District a letter from
ITD regarding said requirements prior to District approval of the final plat or issuance of a building
permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan
Coonce at 334-8340.
4. Close the existing 17 foot wide driveway that intersects Hill Road approximately 30 -feet west of the
east property line, as proposed.
5. Construct a 30 -foot wide driveway that intersects Hill Road approximately 395 -feet east of State
Highway 55, as proposed. Pave the driveway its full width and at least 30 -feet into the site beyond
the edge of Hill Road and install pavement tapers with 15 -foot radii abutting the existing roadway
edge.
6. Other than the access point that has specifically been approved with this application, direct lot access
to Hill Road is prohibited.
7. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
0
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. 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 Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. 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 Highway District 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.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
May 23, 2005
To:
Exhibit "Q"
eo+w0 a r6I o cr.
Robert Drake
2980 Hillcrest Lane
Boise, ID 83705
Subject: EDR-44-05
2835 Hill Road
Storage Facility
John S. Franden, President
Sherry R. Huber, 1st Vice President
David [livens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnold, Commissioner
RECEIVED & FILED
CITY OF EAGLE
MAY 24
File*
Route to•
On May 23, 2005, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at 208-387-6178.
Sincerely,
C. ®v
Christy Richardson
Planning Review Supervisor
Right-of-way & Development Services, Planning Division
CC: Project file, Construction Services, Utilities
City of Eagle
Mike Fairchild
Ada County Highway District o 3775 Adams Street o Garden City, ID a 83714 a PH 208-387-6100 o FX 345-7650 o www.achd.adaid.us
.rlr"
A Ada County Highway Hi hwa District
Right -of -Way & Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level on May 23, 2005. No
Tech Review was held for this item because there were previous staff comments with the rezone application.
Please refer to the attachment for appeal guidelines. Staff contact: Christy Richardson, 208 -387 -6178 -
phone, 208 -387 -6393 -fax, crichardson d achd.ada.id.us
File Numbers: EDR-44-05 — Storage Facility
Site address: 2835 East Hill Road
Applicant: Robert Drake
2980 Hillcrest Lane
Boise, ID 83705
Representative: Mike Fairchild
1735 W. Franklin Road
Meridian, ID 83642
Application Information:
The applicant has submitted an application to the City of Eagle requesting design review approval to
construct a storage facility. The 4.2 -acre site is located on the south side of Hill Road just east of Highway
55. The site has frontage on Hill Road and Highway 55.
Acreage: 4.2 -acres
Existing Zoning: B -P
Proposed footage: 80,000 -square feet
Vicinity Map
A. Findings of Fact
1. Trip Generation: This development is estimated to approximately 200 additional vehicle trips per
day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
3. Traffic Impact Study: A traffic impact study was not required with this application.
4. Site Information: The site has one existing single-family dwelling.
5. Description of Adjacent Surrounding Area:
a. North: 27.13 -acres zoned B -P
b. South: 9.78-acrse zoned RUT
c. East: 1.0 -acres zoned A -R
d. West: 0.672 -acre, 0.26 -acre sites zoned C-3DA and Picadilly Village Subdivision
6. Impacted Roadways
Hill Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
State Hiahwav 55:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
350 -feet
Minor Arterial
West of Horseshoe Bend Road was 2,088 on 2-26-03
Better than C
30 MPH
270 -feet
Principal Arterial
South of Hill Road was 10,713 on 12-10-02
North of Hill Road was 9,954 on 12-10-02
Better than C
55 MPH
7. Roadway Improvements Adjacent To and Near the Site
Hill Road is improved with 2 -traffic lanes with no curb, gutter or sidewalk abutting the site.
State Highway 55 is improved with 5- traffic lanes with no curb, gutter or sidewalk abutting the site.
8. Existing Right -of -Way
Hill Road has a total of 90 to 54 -feet of right-of-way.
State Highway 55 has a total of 140 -feet of right-of-way (70 -feet from centerline).
9. Existing Access to the Site
The existing house has a 16 foot wide driveway that intersects Hill Road approximately 35 -feet west
of the east property line.
10. Site History
On January 4, 2005, ACHD staff provided comments to the City of Eagle for a rezone application
ERZ-15-04, on this property.
11. Capital Improvements Plan/Five Year Work Program
The Hill Road and Highway 55 intersection is included in the District's Five Year Work Program and
Capital Improvements Plan to be signalized and improved.
B. Findings for Consideration
1. Hill Road — Right -of -Way and Street Improvements
Right -of -Way
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks
and bike lanes.
The applicant should dedicate a total of 48 -feet of right-of-way from the centerline of Hill Road
abutting the parcel to accommodate for the future improvement of the Hill Road and Highway 55
intersection improvements.
Sidewalk
District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all arterial
roadways.
The applicant should construct a 5 -foot wide detached concrete sidewalk on Hill Road abutting the
site. The applicant should construct the sidewalk a minimum of 41 -feet from the centerline of Hill
Road.
2. State Highway 55
State Highway 55 is under the jurisdiction of the Idaho Transportation Department. The application
should contact ITD to determine if any improvements and/or additional right-of-way will be required as
a part of this application.
3. Driveways
Policy
District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection
to be located a minimum of 440 feet from the signalized intersection for a full -access driveway and a
minimum of 220 -feet from the signalized intersection for a right-in/right-out only driveway.
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
30 to align or offset a minimum of 125 -feet from any existing or proposed driveway.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type
facilities if located on local streets. Curb retum type driveways with 15 -foot radii will be required for
driveways accessing collector and arterial roadways.
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge.
Applicant Proposal
The applicant is proposing to close the existing 17 -foot wide driveway that intersects Hill Road
approximately 30 -feet west of the east property line. The applicant should close this driveway, as
proposed.
The applicant is proposing to construct a 30 -foot wide driveway that intersects Hill Road
approximately 395 -feet east of State Highway 55. This driveway is located approximately 175 -feet
east of an existing driveway that accesses the parcel to the west and approximately 225 -feet west of
an existing driveway that accesses the parcel to the east. This driveway meets District policy in
regard to width and location.
Staff Recommendation and Analysis
The driveway should be approved in the location as proposed. At the intersection with Hill Road the
applicant is proposing to construct the driveway 40 -feet in width. Due to the location and angle of the
roadway, the driveway may be constructed a maximum 40 -feet wide.
***Once the Hill Road and State Highway 55 intersection becomes signalized, the District may restrict
this driveway to a right-in/right-out driveway ONLY if safety and/or efficiency should become a
concem in the future.
4. Gates
Gates should be located a minimum of 50 -feet beyond the edge of roadway. This also applies to
keypad locations.
5. Other Access
Hill Road is classified as a minor arterial roadway. Other than the access point that has specifically
been approved with this application, direct lot access to Hill Road is prohibited.
C. Site Specific Conditions of Approval
1. Dedicate 48 -feet of right-of-way from the centerline of Hill Road abutting the parcel by means of a
warranty deed. The right-of-way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or
prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing
ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance
#200), if funds are available.
2. Construct a 5 -foot wide detached concrete sidewalk on Hill Road abutting the site. Construct the
sidewalk a minimum of 41 -feet from the centerline of Hill Road.
3. Comply with requirements of ITD for State Highway 55 frontage. Submit to the District a letter from
ITD regarding said requirements prior to District approval of the final plat or issuance of a building
permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan
Coonce at 334-8340.
4. Close the existing 17 -foot wide driveway that intersects Hill Road approximately 30 -feet west of the
east property line, as proposed.
5. Construct a maximum 40 -foot wide driveway that intersects Hill Road approximately 395 -feet east of
State Highway 55, as proposed. Pave the driveway its full width and at least 30 -feet into the site
beyond the edge of Hill Road and install pavement tapers with 15 -foot radii abutting the existing
roadway edge.
6. All gates or keypads shall be located a minimum of 50 -feet from the edge of pavement of Hill Road.
7. Other than the access point that has specifically been approved with this application, direct lot access
to Hill Road is prohibited.
8. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. 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 Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. 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 Highway District 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.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
c
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
7
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File.
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Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
['Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also appl;
to this development application.
['Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the
proposal for its conformance to District Policy.
❑Write a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
❑The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
❑ For ALL development applications, including those receiving a "No Review" or "Comply With" letter.
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development RevieN
Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD,
then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, includinc
but not limited to, driveway approaches, street improvements and utility cuts.
❑Pay impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week tumaround for this approval.
❑ Working in the ACHD Right -of -Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction — Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
❑ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be tumed into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Drainage
Division.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled.
❑ Final Approval from Development Services
• ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con.
Exhibit "R"
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
AVARRO AMOUN' .00 14
11 IIIIIIIIIIIIIIIIIIIIIIIIIIII111111
105083143
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by
and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Hill Road 1530, LLC. ("Property Owner").
WHEREAS, the Property Owner is the owner of record of certain real estate generally
located on the south side of Hill Road approximately 240 -feet east of State Highway 55 at 2835
East Hill Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal
description (Exhibit A) and as shown on Exhibit B which is, in part, subject of an application for
rezone identified as rezone application no. RZ-15-04; and
WHEREAS, the Property is currently located within the City of Eagle and is zoned A -R
(Agricultural -Residential); and
WHEREAS, the Property Owner desires a BP -DA (Business Park with Development
Agreement) zoning classification for the Property; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that allowing a BP zoning designation for the Property
development agreement to prevent undue damage to, and to othere be in must eha mon with twith he
Comprehensive Plan and the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of the
Property Owner's use and enjoyment of the Property while at the same time limiting any adverse
impacts of the development upon neighboring properties and the existing community and ensuring
the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code;
and
WHEREAS, the Property Owner has agreed to the restrictions and limitations set forth
herein upon the use and development of the Property and has consented to a BP -DA (Business Park
��� Page 1 of 7
'"Nng DepdEaekApp1ieidana A120041RZ-1 s-0, da x final new alma vcraiondac
with Development Agreement) zoning designation for the Property with the requirements set forth
in this Development Agreement; and
WHEREAS, the Property Owner has previously provided Eagle with an affidavit agreeing to
submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
1(C)(1); and
WHEREFORE, the Property Owner and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance annexing the Property and amending the Eagle Zoning
Ordinance to rezone the property that is the subject of the application to a BP -DA (Business
Park with Development Agreement) zoning designation, after recordation of, and subject to
the provisions of this Development Agreement. The ordinance will become effective after its
passage, approval, and publication and the execution and recordation of this Development
Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "C") and Building Elevation
Plans (Exhibit "D") represents an example of the Applicant's current concept for the site and
understands and agrees that changes in that concept will likely occur. The Applicant also
understands and agrees that any changes regarding development of the site must be in
conformance with the "Conditions of Development" stated herein.
2.2 Mini -Storage facility (with associated caretaker's office/residence) shall be the only use
permitted to be developed on the site.
2.3 The Applicant shall remove all accessory (secondary) structures from the site prior to the
issuance of any building permits for the site. Demolition permits shall be obtained prior to
the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed garages,
the facility is permitted to store said vehicles in excess of the maximum 20% allowed by
Eagle City Code.
2.5 Landscape buffering and siting of the Mini -storage facility shall be designed to mitigate the
effects of the development on adjacent residences. All new construction shall be setback
from the eastern and southern property lines a minimum of ten -feet (10') and those setback
areas shall be landscaped with dense plant material.
Page 2 of 7
K:1Plwting DoptlEigle Appliestions1RUA12004%Z-1104 da cc final new owner vcrsion.doe
2.6 The building configuration (footprint) shall remain substantially as shown on the attached
Site Plan (Exhibit "C").
2.7 The design of the Mini -storage facility shall incorporate architectural elements (materials,
colors, appurtenances) upon the building walls, with an emphasis on those facing Hill Road
and State Highway 55, to deter the construction of a monoplane structure and shall remain
substantially as shown on the attached Building Elevation Plans (Exhibit "D"). No portion
of any building shall exceed 35 -feet in height, as measured from the foundation to the peak
of the roof.
2.8 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk along Hill
Road abutting the northern boundary of the site.
2.9 The Applicant shall submit a Design Review application for the site to the Design Review
Board for review and approval prior to the issuance of any building permits.
2.10 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
2.11 The Applicant's property shall be annexed into the Eagle Sewer District's service boundaries
and shall comply with all applicable Eagle Sewer District's regulations and conditions prior
to the issuance of a building permit for this site.
2.12 Direct access from the site to State Highway 55 is prohibited.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
3.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event the Applicant fails to comply with the commitments set forth herein, within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right,
without prejudice to any other rights or remedies, to cure such default or enjoin such
violation and otherwise enforce the requirements contained in this Development Agreement
or to terminate the Development Agreement following the process established in Eagle City
Code Section 8-10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
Page3of7
K.iPhnnin Dept1faIIk wPPlimitkes1RZ&M20041RZ-15-04 ds cc fmd aew owner rnsion.doc
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall terminate and the zoning of the
property shall become designated A -R (Agricultural -Residential) zoning designation unless
the portion of this instrument determined to be invalid or unenforceable is re -negotiated in good
faith between the Property Owner (or other appropriate party) and Eagle as an amendment to the
Development Agreement processed in accordance with the notice and hearing provisions of
Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Property Owner. Each commitment and restriction on the
development shall be a burden on the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
with the land. This Development Agreement shall be binding on the Applicant and owners,
and their respective heirs, administrators, executors, agents, legal representatives, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property
portion thereof (including, without limitation, any owner who acquires its interest by or any
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
7.2 Paraeranh Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Development Agreement. As used in this
Development Agreement, masculine, feminine or neuter gender and the singular or plural
number shall each be deemed to include the others wherever and whenever the context so
Page4of7
L Palming Dept APph iRUA1200012-13 04 m cc Baal oew augur veRioo doc
dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State of Idaho in effect at the time of the execution of this Development
Agreement. Any action brought in connection with this Development Agreement shall be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.4 Leeai Representation. Both the Property Owner and Eagle acknowledge that they each have
been represented by legal counsel in negotiating this Development Agreement and that
neither party shall have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, or by Federal Express or other reputable overnight
delivery service, to the party to whom the notice is directed at the address of such party set
forth below;
Eagle: City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owners: Hill Road 1530, LLC
First American Exchange Company, LLC, Managing Member
211 W. State Street
Boise, ID 83702
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt if by personal delivery,forty-eight
after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty hours
four (24) hours after timely deposit with a reputable overnight delivery service.
7.6 Effective Date. This Development Agreement shall be effective upon the signing and
execution of this agreement by all parties.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or
after 7 -years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 7Q day ofU and , 2005.
Page 5 of 7
KAni ring D p EagI u0041RZ-15-04 ea «ems new owne..ersi,n.a«
ATTEST:
Sharon K. Bergmann, -L�-c
gmaCity Clerk,
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
o Idaho
7 �_
By:cy C.
DATED this tb day of iovW_, 2005.
Hill Road 1530, LLC
First Mnerican Exchange Company, LLC
By:
By:
Sharon L. Wolfe, Senior Vice resident
Ro`t'ert Drake, Developer
STATE OF IDAHO)
. ss.
County of Ada)
On this aO day of .j1e , 2005, before the undersigned notary
in and
for the said state, personally appeared NANCY C. MERRILL, known or ideed olc met be
the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf
of said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I ara,l„
above written. my hand and seal the day and year first
STATE OF IDAHO)
: ss.
County of Ada)
(Cwlam;aR �c Page 6 of 7
MPr nnARZEMVIOARZ-lSfi/deaGaalnewownervvsion.doe
On this In day of J (J,LlQ , 2005, before the undersigned notary
for the said state, personally appeared SHARON L. WOLFE, SENIOR VICE PRESIDENT, and
FIRST AMERICAN EXCHANGE COMPANY, LLC known or identified to me to be the
MANAGING MEMBER of the property referenced herein and the person(s) who executed the
foregoing instrument.
IN WITNESS WHEREOF, I hr and seal the day and year first
. , • _ -
above written. Nw...44,aa,,,
N �\ r • .
•.
`..... i.'••
••
•
? ' it �1-
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STATE OF IDAHO) -it.•/1E•OF *pt.`T`
•
. ss.
County of Ada)
otary Irublfor I
Residing at.
My Commiati A F.
On this 10 day of V U , 2005, before the undersigned no
blic in and
for the said state, personally appeared ROBERT DRAKE, known or dentified to taryme to be the
DEVELOPER of the property referenced herein and the person(s) who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Aossoassti.
•
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11'14. OF
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Notary Public for Idaho
Residing at:_ol n
My Commission Expires:
Page 7 of 7
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• • BOISE, IDAHO • -
EXHIBIT "A"
FOX Land Surveys, Inc -
4696 Overland Rd. STE 162 A Boise Idaho A 83705 A 208-342-7957 A 208-342.7437 FAX
MOSELL EQUITIES REZONE DESCRIPTION
A PORTION OF THE SOUTHEAST 1/4 OF SECTION '10, TOWNSHIP 4 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
A portion of the Southeast % of Section 10, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows;
Commencing at the found Axle marking the Southeast Corner of said Section 10, from
which the found Aluminum Cap Monument marking the Northeast Comer thereof bears
North 01°15'56" East, a distance of 5,272.26 feet;
thence along the Southerly boundary of said Section 10, North 89°42'26" West, a distance
of 790.13 feet to the Southeast comer of Parcel 11 as described in Instrument Number
2011000617, the TRUE POINT OF BEGINNING;
thence continuing along saiS Southerly boundary, North 89°42'26" West, a distance of
536.57 feet to the East 1116 Comer common to Sections 10 and 15;
thence continuing along said boundary, North 89°43'07" West, a distance of 58.64 feet the
beginning of a non -tangent curve to the right on the center line of State Highway No. 55;
thence along said center line and non -tangent curve to the right, having a length of 272.50
feet, a radius of 57,295.78 feet, a central angle of 00°16'21", tangents of 136.28 feet, and a
long chord which bears North 00°59'07" East, a distance of 272.50 feet to its intersection
with the Westerly prolongation of the Northerly boundary of Parcel III as described in
Instrument Number 2011000617;
thence along the Northerly boundary of Parcel III as described in Instrument Number
2011000617 and the Westerly prolongation thereof, South 84°09'02" East, a distance of
269.35 feet to the Northeast comer thereof, marked by a found % inch rebar with plastic
cap stamped "PLS 4108";
thence along the Westerly boundary of Parcel II as described in Instrument Number
2011000617 and the Northerly prolongation thereof, North 00°17'19" East, a distance of
248.62 feet more or less, to a point on the center line of Hill Road";
thence along said center line South 69°24'07" East, a distance of 352.28 feet more or less,
to its intersection with the Northerly prolongation of the Easterly boundary of Parcels I and
II as described in Instrument Number 2011000617;
thence along said prolongation and Easterly boundary, South 01017'59" West, a distance
of 372.87 feet to the TRUE POINT OF BEGINNING.
Containing 212,184 square feet (4.871 acres), more or less.
Suubbjedexistingt to eeasements and rights-of-way as any may exist, of
Timothy J. Fox, PLS 7612
END OF DESCRIPTION
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