Findings - CC - 2001 - CU-20-00 - Mini-Storage Addition To Republic Storage
ORIGIN'AL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A MINI-STORAGE
ADDITION TO THE REPUBLIC STORAGE FACILITY
FOR WILLOWBROOK DEVELOPMENT, INC.
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-20-00
The above-entitled conditional use application came before the Eagle City Council for their action on
March 6, 2001. 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:
Willowbrook Development, Inc., represented by Cornel Larson, is requesting conditional
use approval for a three phase, 98,640-square foot mini storage facility. The site is located
on the Horseshoe Bend Highway approximately Yz-mile north of State Highway 44.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 22, 2000.
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 December 30, 2000. 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 26, 2000. Requests for agencies' reviews were transmitted on
November 27, 2000 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 17, 2001. 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 14,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 12, 1994, the Eagle City Council approved the "Republic Storage" facility
(CUP/DR-1-94) located north and west ofthis property.
E.
COMPANION APPLICATIONS: DR-67-00
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park BP (Business Park) Mini-Storage
Proposed No Change No Change No Change
North of site Business Park BP (Business Park) Mini-Storage
South of site Business Park BP (Business Park) Proposed drainage/wetlands
area for shopping center
East of site Not in Eagle Area of RIIM (Ada County Residential
Impact Designation)
West of site Business Park BP (Business Park) Mini-Storage
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the CEDA, DDA or the TDA
H.
EXISTING SITE CHARACTERISTICS: The site is generally flat and abuts the Spoils Bank
Ditch at the southwest comer of the parcel. No mature trees or other outstanding features are
present.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQ UIRED
Total Acreage of Site 4.89-acres (213,000-square feet) N/A
Percentage of Site Devoted to 46.3% 50% (maximum)
Building Coverage
Percentage of Site Devoted to 10.7% 10% (minimum)
Landscaping
Number of Parking Spaces Use existing spaces with site to the Existing (5 spaces) is
north sufficient
Front Setback 70-feet (addition) 20-feet (minimum)
Rear Setback 22-feet 20-feet (minimum)
South Side Setback 1.5-feet O-feet
North Side Setback lO-feet O-feet
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Nine buildings proposed to accommodate variously sized units available for rent to
individuals for material storage.
Height and Number of Stories of Proposed Buildings: 21-feet, one story.
Gross Floor Area of Proposed Buildings: 98,640-square feet proposed
On and Off-Site Circulation:
The mini-storage facility to the north currently uses an existing access to Horseshoe Bend
Road. The applicant proposes to connect to the existing interior roadway system and thus
does not require any additional access to the public roadways.
K.
PUBLIC SERVICES A V AILABLE:
The new mini-storage facility does not propose to construct any new potable water or
sanitary sewer connections and will utilize the existing mini-storage facilities. Preliminary
approval letters from Central District Health Department and the Eagle Fire Department
have been received by the City.
L.
PUBLIC USES PROPOSED: None.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
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Areas of Critical Environmental Concem - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Drainage District No.2
Eagle Fire Department
Farmers Union Ditch Co. Ltd.
Independent School District of Boise City #1
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
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and fIre protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffIc on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
c.
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.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Design review application and approval is required.
DISCUSSION:
.
The applicant is proposing to use the existing driveway and interior roads within the mini-
storage to the north. Because these are two separate parcels, the applicant should provide a
recorded copy of a cross access easement for reciprocal ingress and egress between the two
parcels.
.
Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required fIndings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the BP zoning district since a Mini-Storage Facility is shown
as needing approval of a conditional use permit in the BP zoning district on the
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B.
c.
D.
"Official Schedule of District Regulations" chart of that section;
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 the development will be required to meet conditions of a design review
application;
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will not only be required to meet the City's design review
requirements, but will also be required to meet the requirements noted herein;
Will not be hazardous or disturbing to existing or future neighborhood uses since
adequate buffers will be installed between commercial and residential uses per the
requirements of Eagle City Code;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted in
responses received by agencies providing the public services or as conditioned
herein.
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 public service agencies serving the site will be required to
approve the use and structure addition prior to the City issuing any building
permits and since no complaints have been received by the City regarding the
current use at this location;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will utilize an existing vehicular approach to the property which is designed so as
not to create an interference with traffic on surrounding public thoroughfares as
required by the Ada County Highway District; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the parcel is currently vacant.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
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A. A public hearing on the application was held before the Planning and Zoning Commission on January
16, 2001, 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 no
one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval for the conditional use permit for a mini-
storage addition to the Republic Storage Facility with the following site specific conditions of
approval and standard conditions of approval with underlined text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Only the use (Mini-Storage Building Addition) is approved. The property is subject to the conditions
of design review.
2. The applicant shall provide a recorded cross access agreement for the parcel to the north to provide
reciprocal ingress and egress to the public rights-of-way.
3. Comply with the site specific conditions of approval and standard conditions of approval of DR-67 -00.
4. Comply with Eagle Fire Department conditions as stated in their letter date stamped December 21,
2000.
5. The applicant shall provide a letter from the Eagle Fire Department stating all design requirements of
the Fire department have been complied with prior to issuance of any building permits.
PUBLIC HEARING OF THE COUNCIL
A. A public hearing on the application was held before the City Council on March 6, 2001, 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).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-20-00 for the conditional use permit for a mini-storage
addition to the Republic Storage Facility with the following Planning & Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with
underlined text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (Mini-Storage Building Addition) is approved. The property is subject to the conditions
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of design review.
2. The applicant shall provide a recorded cross access agreement for the parcel to the north to provide
reciprocal ingress and egress to the public rights-of-way.
3. Comply with the site specific conditions of approval and standard conditions of approval of DR-67-00.
4. Comply with Eagle Fire Department conditions as stated in their letter date stamped December 21,
2000.
5. The applicant shall provide a letter from the Eagle Fire Department stating all design requirements of
the Fire department have been complied with prior to issuance of any building permits.
6. If irrigation water rights are available. and upon approval of the Farmers Union Ditch Company, the
applicant shall provide the City of Eagle the fIrSt option to obtain said rights prior to the applicant
relinquishing them.
7. The section of the south wall (on Building 1) extending from the southeaster corner of the site
westward 50-feet shall be constructed out of decorative block. Note: As a more decorative element
than the decorative block (per the recommendation of the Design Review Board) the applicant shall
install the wall treatments (in lieu of decorative block) as presented to the City Council as shown and
located on the special elevation and site plans both date stamped by the City on March 20, 2001,
labeled Exhibit "A" and Exhibit "B", respectively.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs flrst.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certiflcate of Occupancy, whichever occurs first.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certiflcate of Occupancy, whichever occurs flrst.
4.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
5.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits or Certiflcate of
Occupancy, whichever occurs flrst.
6.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certiflcate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
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7.
submitted with the letter.
The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs fIrst. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs fIrst.
9.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs fIrst. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs fIrst.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10.
Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11.
The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
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12.
13.
One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (ie; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
b.
c.
d.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs rust.
14.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy, whichever occurs rust.
16.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs rust.
17.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs rust.
18.
Basements in the flood plain are prohibited.
19.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
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20.
21.
New plans which incorporate any required changes shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. 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 submits application to the City of Eagle
for a change to the planned use of the subject property.
22.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
23.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 22, 2000.
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 December 30, 2000. 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 26,2000. Requests for agencies' reviews
were transmitted on November 27, 2000 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 17,
2001. 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 14, 2001.
3. The City Council has reviewed the particular facts and circumstances of this proposed conditional use
and, in terms of Eagle City Code Section 8-7-3-2 "A thru f' (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the BP zoning district since a Mini-Storage Facility is shown
as needing approval of a conditional use permit in the BP zoning district on the
"Official Schedule of District Regulations" chart of that section;
B.
Will be harmonious with and in accordance with the general objectives or with
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I.
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 the development will be required to meet conditions of a design review
application;
c.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will not only be required to meet the City's design review
requirements, but will also be required to meet the requirements noted herein;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
adequate buffers will be installed between commercial and residential uses per the
requirements of Eagle City Code;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and flIe protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted in
responses received by agencies providing the public services or as conditioned
herein.
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 public service agencies serving the site will be required to
approve the use and structure addition prior to the City issuing any building
permits and since no complaints have been received by the City regarding the
current use at this location;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will utilize an existing vehicular approach to the property which is designed so as
not to create an interference with traffic on surrounding public thoroughfares as
required by the Ada County Highway District; and
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the parcel is currently vacant.
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DATED this 10th day of April 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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