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Findings - CC - 2025 - A-2025-01 & RZDA-2025-01 - Annexeation and rezone wotha development agreement from RUT to BP-DA and rezone from A-R and BP-P to BP-DA for an indoor storage facility.BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) WITH A DEVELOPMENT AGREEMENT ) FROM RUT (RURAL -URBAN TRANSITION) TO ) BP-DA (BUSINESS PARK WITH A ) DEVELOPMENT AGREEMENT) AND REZONE ) FROM A-R (AGRICULTURAL -RESIDENTIAL) ) AND BP-P (BUSINESS PARK WITH A PUD) TO ) BP-DA (BUSINESS PARK WITH A ) DEVELOPMENT AGREEMENT [IN LIEU OF A ) CONDITIONAL USE PERMIT]) FOR AN INDOOR) STORAGE FACILITY FOR LZL VENTURES, ) LLC/CHAD LONGSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-2025-01 & RZDA-2025-01 The above -entitled annexation and rezone with a development agreement applications came before the Eagle City Council for their action on May 13, 2025, 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: LZL Ventures, LLC/Chad Longson, represented by Connor Lindstrom with KM Engineering, LLP, are requesting an annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to BP-DA (Business Park with a Development Agreement) and a rezone from A-R (Agricultural Residential) and BP-P (Business Park with a PUD) to BP-DA (Business Park with a Development Agreement) in lieu of a conditional use permit for an Indoor Storage Facility for Peak Condo Storage. The 20.08-acre site is located on the southwest corner of North Horseshoe Bend Road and East Hill Road at 9551, 9557, and 9605 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 660 East Civic Lane, Eagle, ID at 6:00 PM on December 30, 2024, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on January 9, 2025. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the applications 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 February 28, 2025. Notice of this public hearing was mailed to property owners within five -hundred feet (500-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 27, 2025. The site was posted in accordance with the Eagle City Code on March 4, 2025. Requests for agencies' reviews were transmitted on January 17, 2025, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications 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 April 25, 2025. Notice of this public hearing was mailed to property owners in accordance with Page 1 of 11 K:\Planning Dept\Eagle Applications \RZ&A\202APeak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 21, 2025. The site was posted in accordance with the Eagle City Code on April 15, 2025. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 26, 2004, City Council approved a rezone upon annexation, conditional use permit, preliminary development plan, and preliminary plat (A-5-04/RZ-5-04/CU-5-04/PPUD-2-04/PP-4- 04) for Optimist Business Park planned unit development at 9551 and 9557 North Horseshoe Bend Road. On May 10, 2005, the City Council approved a Design Review application (DR-19-05). On November 13, 2007, the City Council passed Ordinance No. 587 for annexation and rezone of this site. On December 18, 2007, the City Council approved an extension of time for the preliminary plat for Optimist Business Park Subdivision (PP-04-04) to be valid until December 18, 2008. On January 13, 2009, the City Council approved an extension of time for the preliminary plat for Optimist Business Park Subdivision (PP-04-04) to be valid until December 18, 2009. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Existing Professional Office/Business Park A-R (Agricultural -Residential), RUT (Rural -Urban Transition — Ada County designation), BP-P (Business Park with a PUD) Rural residential, agricultural, vacant dryland Proposed No Change BP-DA (Business Park with a development agreement) Self -Storage North of site Professional Office/Business Park BP-DA (Business Park with a development agreement) Self -Storage South of site Professional Office/Business Park BP-DA (Business Park with a development agreement) Self -Storage East of site Suburban — City of Boise designation A-1 (Open Land Very Low Density — City of Boise desi • ation) Public Park West of site State Highway 55 R-6-DA (Residential -up to 6 units per acre with a development agreement) State Highway 55 G. DESIGN REVIEW OVERLAY DISTRICT: The site is located within the city-wide Design Review Overlay District. H. TOTAL ACREAGE OF SITE: The site is 20.08 acres. I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's narrative dated January 6, 2025, attached to the staff report. Page 2 of 11 K:\Planning Dept\Eagle Applications \RZ&A\202SPeak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative dated January 6, 2025, attached to the staff report. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site is within the service boundaries of the Eagle Police Department, Eagle Fire Department, Eagle Sewer District, and Veolia Water. The parcels located at 9551 and 9557 North Horseshoe Bend Road are annexed into Eagle Sewer District but the parcel at 9605 North Horseshoe Bend Road has not been annexed into the District. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — Unknown N. NONCONFORMING USES: There is an existing house on the property, however it is required to be removed prior to issuance of any building permits. O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Central District Health Department Department of Environmental Quality Idaho Transportation Department Eagle Sewer Department P. LETTERS FROM THE PUBLIC: Correspondence received from Piccadilly Village Homeowners Association, date stamped by the City on March 10, 2025, is attached to the staff report. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: Page 3 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map designates this site as Professional Office/Business Park: Suitable primarily for the development of technical park/research and development facilities, professional office/office complexes, and limited manufacturing activities, including small-scale production, distribution, and storage of goods. Support activities may also be permitted. Retail may be permitted as an ancillary use within this land use category. Smaller medical uses such as dentist offices and other outpatient clinics are also encouraged. 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 CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: RULES AND DEFINITIONS: FLEX SPACE: Allows for uses that generally require substantial amounts of storage and working area as well as office and/or showroom space. This use is not intended to permit warehousing or manufacturing that has high levels of truck activity. Loading docks shall be at the rear of the structure, shall be screened from view from street and neighboring uses, and loading ramps shall be a maximum of two feet (2') high to discourage tractor trailer use. Examples of uses include, but are not limited to, custom bookbinding, ceramic studios, candle making shops, custom jewelry manufacture, lighting/plumbing fixture showrooms, small merchandise assembly, and low intensity sales and distribution facilities. Gross floor area of each building used as "flex space" shall be a maximum of thirty thousand (30,000) square feet. Buildings may be comprised of several lease spaces. Hours of operation shall be limited to between six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. 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. WAREHOUSING AND STORAGE: A. Limited: Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification includes facilities with a maximum of five thousand (5,000) square feet of gross floor area, but excludes wholesaling, distribution and storage, ministorage and vehicle storage. B. Ministorage: Provision of storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces. May include vehicle storage to a maximum of twenty percent (20%) of the site. Where greater than twenty percent (20%) of the site is allocated to vehicle storage, the vehicle storage must be treated as a separate use. • Eagle City Code Section 8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS: BP BUSINESS PARK DISTRICT: Page 4 of 11 K:\Planning Dept\Eagle Applications \RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx To encourage the development of technical park/research and development facilities, offices and office complexes, and limited manufacturing activities including small scale production, distribution and storage of goods. Support activities may also be permitted. All development within this district shall be designed to be within a landscaped setting, and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. Such development shall be operated entirely within enclosed structures, and generate minimal industrial traffic. All development requiring a conditional use permit in the BP zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the BP zoning district within section 8-2-3 of this chapter. • Eagle City Code Section 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS: Land Uses BP (Business Park) Storage (enclosed building) C Warehousing, wholesaling plant C Flex space P Single-family dwelling (existing) • Eagle City Code Section 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS Zoning District Maximum Height Minimum Yard Setbacks Maximum Lot Coverage Minimum Lot Area Minimum Lot Width Front Rear Interior Side Street Side BP 35' 20' 0' 0' 20' 50% n/a 25' • Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS: Type Of Use Off Street Parking Spaces Required Storage (enclosed building and/or fenced area) 1 per 1,000 square feet of gross storage area • Eagle City Code Section 8-10-1: 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. B. Initiation Of Development Agreement: 1. A development agreement may be initiated for the rezoning of a particular parcel of land or collection of parcels of land through the following methods: a. On application by the property owner. Page 5 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx b. On recommendation of the zoning administrator. c. On recommendation of the commission. d. Required by the council. 2. In the event of a determination by the commission that a development agreement should be entered into, the commission shall retain jurisdiction of the matter, defer consideration of the rezone applied for and set a time limit for submittal of the development agreement. The commission shall then proceed as specified in this section. 3. In the event of a determination by the council that a development agreement should be entered into, the council shall remand the matter back to the commission for submittal of the development agreement. The council may direct the commission on remand of the matter to the commission. The commission shall then proceed as specified in this section. 4. In the event of either of the above, all time limits required by this code may be stayed upon affirmative vote of the commission or council. C. Form Of Development Agreement: A development agreement shall be in the form required by the zoning administrator. No agreement shall be accepted by the zoning administrator which does not include the following: 1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development agreement. 2. The specific use or uses of the parcel for which the development agreement is sought. 3. The allowed or conditional use in the conditional zone for which application has been made. 4. A concept plan of the project to be developed on the parcel. The concept plan may include: a. A description of the density allowed or sought; and b. Maximum height, size, and location of any structures on the property. 5. The time required to begin the use on the property. 6. A statement by the owner of the parcel that failure to comply with the commitments in the development agreement shall be deemed consent to rezone the use to the preexisting zone or, in the case of an initial zone at annexation, a zone deemed appropriate by the council. 7. Any other matter mutually agreeable to the parties. C. DISCUSSION: • The applicant is proposing that buildings be constructed across the lot line dividing 9551 and 9557 North Horseshoe Bend Road. A lot line adjustment application should be submitted for the removal of the existing parcel line that conflicts with the proposed buildings and their required setbacks. The lot line adjustment should be submitted to the City for review and approval prior to the issuance of a zoning certificate or condo plat (whichever occurs first). • The applicant has proposed a ten -foot -six-inch (10'-6") wide right-of-way dedication and five-foot (5') wide sidewalk along North Horseshoe Bend Road on the east side of site, terminating approximately forty four feet (44') south of the northern property boundary Page 6 of 11 K:\Planning Dept\Eagle Applications \RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx abutting East Hill Road. There is no right-of-way dedication or sidewalk proposed along East Hill Road. The applicant should construct a sidewalk with a minimum width of five feet (5') along the entire eastern property line and along the south side of East Hill Road from the intersection of North Horseshoe Bend Road to the terminus of the western property boundary. The sidewalk along East Hill Road and North Horseshoe Bend Road should connect at the southwest comer of the intersection. All sidewalks should be constructed prior to the issuance of the first certificate of occupancy associated with the property. • The applicant is requesting that the following uses marked "C" for conditional use under the BP zoning designation in the "Official Schedule of District Regulations" in Eagle City Code Section 8-2-3 be permitted on the Property and should be approved with this development agreement in lieu of a conditional use permit: • Storage (enclosed building) • Warehousing, wholesaling plant PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on March 17, 2025, 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 applications was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning and Zoning Commission by one (1) individual representing the Piccadilly Village Subdivision Homeowners Association who indicated a concern with how the development may increase the noise and traffic of their neighborhood across State Highway 55 from the project site. The individual requested that a condition be added to the site specific conditions of approval requiring the applicant to construct a concrete sound wall along the portion of the Picadilly Village Subdivision's perimeter that borders the State Highway 55. COMMISSION DELIBERATION: (Granicus time 00:30:55) Upon closing the public hearing, the Commission discussed during deliberation that: • Questions regarding required site improvements and the timing of their installation COMMISSION DECISION: The Commission voted 2 to 0 (Wright and Smith absent, McCauley recused) to recommend approval of A- 2025-01 & RZDA-2025-01 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to BP-DA (Business Park with a Development Agreement) and a rezone from A-R (Agricultural Residential) and BP-P (Business Park with a PUD) to BP-DA (Business Park with a Development Agreement) in lieu of a conditional use permit with the conditions of development provided within their findings of fact and conclusions of law document, dated April 7, 2025. PUBLIC HEARING OF THE COUNCIL: (Granicus time 01: 30:10) A. A public hearing on the applications was held before the Eagle City Council on May 13, 2025, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. Page 7 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx B. Oral testimony in favor of the applications was presented to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve A-2025-01 & RZDA-2025-01 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to BP-DA (Business Park with a Development Agreement) and a rezone from A-R (Agricultural Residential) and BP-P (Business Park with a PUD) to BP-DA (Business Park with a Development Agreement) in lieu of a conditional use permit with the following Planning and Zoning Commission recommended conditions of development 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, the 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 with this Agreement. 3.2 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. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 Owner shall remove the existing single-family dwelling from the Property prior to the issuance of the first building permits associated with phase two of development according to the approved phasing plan date stamped by the City on March 14, 2025. 3.4 Owner shall submit a lot line adjustment application for the removal of the existing parcel line that conflicts with the proposed buildings and their required setbacks. The lot line adjustment shall be submitted for review and approval prior to the issuance of a zoning certificate or condo plat, whichever occurs first. 3.5 The Owner shall construct a sidewalk with a minimum width of five feet (5') along the entire eastern property line and along the south side of East Hill Road from the intersection of North Horseshoe Bend Road to the terminus of the western property boundary. The sidewalk along East Hill Road and North Horseshoe Bend Road shall connect at the southwest corner of the intersection. All -sidewalks propel. Sidewalks shall be constructed with each phase of development or completed prior to five (5) years from the execution of this development agreement. 3.6 Except for the limitations and allowances expressly set forth above and the other terms and conditions of this Development Agreement, the Property can be developed and used consistent with the Business Park (BP) zoning designation within Eagle City Code Section 8-2-3, effective at the time a design review application or conditional use permit application (whatever the case may be) is made for individual building use. All uses marked with a "P" for permitted use under the BP zoning designation in the "Official Schedule of District Regulations" in Eagle City Code Section 8-2-3 shall be considered permitted uses, and all uses shown as "C" for conditional use under the BP zoning designation shall require a conditional use permit. Page 8 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx The following conditional uses are approved with this development agreement in lieu of a conditional use permit: • Storage (enclosed building) • Warehousing, wholesaling plant 3.7 Owner shall annex the parcels located at 9605 North Horseshoe Bend Road into the Eagle Sewer District prior to the issuance of a zoning certificate. 3.8 The conditions, covenants, and restrictions for the Property shall contain at least the following: (a) A requirement that the facility shall remain a Storage Group S-1 occupancy, limited to the uses of an S-1 occupancy, as defined by International Building Code (IBC), except that the occupancy classification of an individual storage unit may be changed by an individual owner if approved by the City of Eagle through the approval of a tenant improvement permit and an occupancy permit. • Each storage unit owner shall receive, at a minimum, an occupancy permit from the City of Eagle following the transfer of ownership. • If any improvements are proposed within the individual storage unit, the storage unit owner shall be required to obtain tenant improvement permit approval from the City of Eagle prior to construction. (b) A provision that prohibits habitation on the Property, including temporary living. (c) A provision that prohibits the operation of businesses within any condominium unit on the Property except for storage uses which are ancillary to business operation. Condominium units shall not be permitted to be used as primary business addresses. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone with a development agreement upon annexation (A-2025-01 & RZDA-2025-01) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of BP-DA (Business Park with a development agreement) is consistent with the designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve the uses limited within the development agreement; c. The proposed zoning designation of 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 north since that area is being developed in a similar manner as this development, and; d. The proposed zoning designation of 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 south since that area is developed in a similar manner as this development, and; e. The proposed zoning designation BP-DA of (Business Park with a development agreement) is compatible with the R-6-DA (Residential -up to 6 units per acre) zone and land use to the west since that area separated by State Highway 55 and will be screened by the existing concrete masonry unit block wall on the west side of the highway and the buildings to be built along the western property line facing away from State Highway 55, and; Page 9 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx f. The proposed zoning designation BP-DA of (Business Park with a development agreement) is compatible with the A-1 (Open Land Very Low Density — City of Boise designation) zone and land use to the east since that area is a public park and the City has determined that public parks are compatible with all adjacent zoning designations, and; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan. 2. The Council reviewed the particular facts and circumstances of the proposed rezone with a development in lieu of a conditional use permit (RZDA-2025-01) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional uses: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) since warehousing, wholesaling plants, and storage (enclosed building) may be permitted in the BP (Business Park) zoning district with the approval of a conditional use permit; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no inconsistencies with the Comprehensive Plan and since warehousing, wholesaling plants, and storage (enclosed building) is permitted with the approval of a conditional use permit within the BP (Business Park) zoning district; C. Will be designed, constructed, operated, and maintained to be harmonious with and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the applicant is proposing similar uses as the adjacent storage facilities and will have to receive building design approval by the Eagle Design Review Board and City Council; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the applicant will construct buildings facing away from State Highway 55 and North Horseshoe Bend Road to provide a screening barrier for noise and activity within the site, and since storage uses will be restricted to inside the buildings; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services since the site served by Eagle Fire Department and Veolia Water, and two of the site's three existing addresses are annexed into the Eagle Sewer District. The District has stated that sewer is available for the remaining address to be annexed; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community since the applicant will bear all costs of development the development will be a private commercial operation; G. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors since the transportation system has been found to be adequate by the ACHD and since the development is not expected to generate any noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed so as not to create an interference with traffic on surrounding public thoroughfares as approved by ACHD; Page 10 of 11 K:\Planning Dept\Eagle Applications \RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files \03-City Council\02-CC Packel\Peak Condo Storage CCF.docx I. Will not result in the destruction, loss of damage of a natural, scenic, or historic feature of major importance since there are no scenic of historic features of major importance on the site, other than mature trees. Landscaping will be installed along the perimeter of the site adjacent to State Highway 55 and North Horseshoe Bend Road. 3. Failure to comply with all provisions and any condition of approval of this conditional use permit may result in a compliance hearing in front of the City Council at which time the Council may add conditions to the permit, modify existing permit conditions, or revoke all or part of the permit. 4. Pursuant to Eagle City Code 8-7-3-5(F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis pursuant to Idaho Code Section 67-8003. DATED this 27th day of May 2025. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho AT➢EST: ;ti • RI'0R y.• Tracy E s orn, Eagle City Clerk * i ®. cn • • t SEAL ,r)/?P )RAT1itl A'o L • *, Page 11 of 11 K:\Planning Dept\Eagle Applications \RZ&A\2025\Peak Condo Storage A RZDA\03-Working Files\03-City Council\02-CC Packet\Peak Condo Storage CCF.docx