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Findings - PZ - 2007 - CU-08-07 - Convert 2772 Sq Ft Resident Into Duplex/106 Harlan Place ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FORA ) CONDITIONAL USE PERMIT TO CONVERT ) A TWO STORY RESIDENTIAL DWELLING ) INTO AN ATTACHED TWO-FAMILY DWELLING ) FOR GARY ANDERSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-08-07 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on July 2, 2007. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Gary P. Anderson is requesting conditional use approval to convert a 2,772-square foot, two story single family residential dwelling into an attached two-family dweIling (duplex). The 0.15-acre site is located on the east side of South Harlan Place approximately 225-feet south of West State Street at 106 Harlan Place. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, May 7, 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 May 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 June II, 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 June 6, 2007. The site was posted in accordance with the Eagle City Code on June 19, 2007. Requests for agencies' reviews were transmitted on May 16, 2007, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None Page I of 12 K:\Planning Dept\Eagle Applications\CU\2007\CU.08_07 pzfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA TIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD (Central Business Single-family residence District) (Eagle West Subdivision) Proposed No Change No Change Multi-family (duplex) North of site Central Business District CBD (Central Business Vacant lot/State Street District) South ofsite Central Business District CBD (Central Business Single-family residence District) (Eagle West Subdivision) East of site Central Business District CBD (Central Business Single-family residence District) (Eagle West Subdivision) West ofsite Central Business District CBD (Central Business Single-family residence District) (Kestrel Cove Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Property IS within the TDA (Transitional Development Area) overlay district H. EXISTING SITE CHARACTERISTICS: There is an existing 2772-square foot, two (2) story, single-family residential house on the . IS-acre site. Page 2 of 12 K:\Planning Depl\Eagle Applications\CW001\CU_08_07 pzfdoc I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site .IS-acres SOO-square feet Percentage of Site Devoted to Building 2S% (approximately) 92% (maximum) Coverage Percentage of Site Devoted to 60% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 4-spaces (2-covered) 4-spaces (2-covered) Front Setback 24- feet (from garage) O-feet (minimum) Rear Setback 30-feet O-feet (minimum) S ide Setback (south) 7.6-feet O-feet (minimum) S ide Setback (north) 7.6-feet O-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One (I) 2772-square foot, two (2) story single-family, residential building is proposed to be converted into a two (2) story duplex residential building. Height and Number of Stories of Proposed Buildings: Two (2) stories. Gross Floor Area of Proposed Buildings: 2,772-square feet (total). On and Off-Site Circulation: The site plan date stamped by the City on March 8, 2007, shows a twenty two foot (22') wide concrete driveway set back twenty four feet (24') from the existing two (2) car garage. Off site parking and circulation is available along South Harlan Place. K. PUBLIC SERVICES AVAILABLE: Potable and irrigation water are currently supplied to the site via a community well operated by the Eagle West Subdivision Homeowner's Association. The property is within the Eagle Sewer District and has fire protection through the Eagle Fire Department. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern _ none Page 3 of 12 K:\Planning Dept\Eagle Applications\CU\2007\CU_08_07 pzfdoc Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes 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: Central District Health Chevron Pipeline Eagle Fire Department Eagle Sewer District Q. LETTERS FROM THE PUBLIC: None received 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; 8. 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 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 Page 4 of 12 K:\Planning DeptlEagle Applicalions\CU\2007\CU.08_01 pzfdoc 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. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6 - Land Use 6.3.11 Central Business District Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business, public, quasi-public, cultural, residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encourages. Land within this district requires a CBD zoning designation upon any rezone. Chapter 12 - Community Design 12.1 Background and Vision Community design is the organized fashion in which a community is developed in order that a general mood or theme is established and maintained. 12.2 Goal Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDINGTHIS PROPOSAL: · Eagle City Code Section 8-2-1 CBD CENTRAL BUSINESS DISTRICT: To accommodated and encourage further expansion and renewal in the historical core business area of the community. A variety of business, public, quasi-public, cultural, residential and other related uses are encouraged. The greates possible concentration of retail sales and business is to occur in this district. Pedestrian friendly uses and developments are encouraged. (Ord. 298, 10-14-1997) · Eagle City Code Section 8-2A-1 General Applicability: This article applies to all overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior Page 5 of 12 K:\Planning DepllEagle Application5\CU\2007\CU~08_07 pzfdoc remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. The foUowing are specifically excluded from the requirements of the design review overlay district: development of an individual single-famUy detached dwelling on a single parcel, an individual duplex (2 dwelline units), and an individual town home consisting ofa maximum of two (2) dwelling units. (Ord. 462, 11-11-2003) · Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the CBD (Central Business District) zone: "',',' M~'m'm IF~(II'1I'"rim District Height Side ICBD 113s' I@::=:JL 10' Street Maximum Side Lot Covered Minimum Lot Minimum Area (Acres Lot Or Sq. Ft.) G Width 1* And H* I [=:J 192% Ilsoo 112s' · Eagle City Code Section 8-2-3 states that a two-family dwelling requires a conditional use permit within the CBD (Central Business District) zone. · Eagle City Code Section 8-7-3-S (F) · A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. C. DISCUSSION: · The applicant is proposing to convert a 2772-square foot single family residential dwelling into a two-family dwelling (duplex). The site is located within the CBD (Central Business District) zone and the TDA (Transitional Development Area) overlay district. Eagle City Code specifically exempts individual duplexes (2 dwelling units) from the requirements of the design review overlay district. · 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 ofa 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 CBD (Central Business District) zoning district since a Two-family dwelling as defined within Section 8-1-2 requires 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; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general Page 6 of 12 K:\Planning Dept\Eagle Applications\CU\2007\CU-OS_07 pzfdoc vicinity and that such use will not change the essential character of the same area. Duplexes are not required to meet the City's Design Review standards; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site is currently being used as a single-family residence and; 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. 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 is not adding additional structures or intensifYing uses; 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 as previously approved for the subdivision. The site will have adequate ingress/egress from Harlan Place and adequate parking; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on this site. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the conditional use permit with the site specific conditions of approval and the standard conditions of approval provided with in the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on July 2, 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 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 three individuals (not including the applicant/representative) who testified that this use is consistent with other rentals in the subdivision and that Gary Anderson will be a responsible landlord. COMMISSION DECISION: The Commission voted 3 to 0 (Felix and McCarrell absent) to recommend approval of CU-08-07 for a conditional use permit to convert a two story residential dwelling into an attached two-family dwelling for Gary Anderson, with the following staff recommended site specific conditions of approval and standard conditions of approval: Page 7 of 12 K:\Planning Depl\Eagle ApplicBtions\CU\2007\CU_08_07 pzrdoc SITE SPECIFIC CONDITIONS OF APPROVAL: I. Only the use Two-family dwelling (duplex) is approved with this conditional use permit. Separate uses requiring a conditional use permit within a CBD zone shall require a separate conditional use permit application and approval by the City Council prior to the use commencing on site. 2. A building permit for this use shall be obtained within one year, otherwise the conditional use approval shall be considered null and void. 3. No signs are proposed with this application and none are approved. 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. 2. Department of Environmental Quality approval of the sewer and water facilities is required prior issuance of any building permits. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit. 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. 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. 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 Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. 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. 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. 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 Page 8 of 12 K\Planning Dept\Eagle ApplicationsICU\2007\CU.OS_07 pzfdoc any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) 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. 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. 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. II. 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. 12. 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. .. b. 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. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO gallons per minute for non-residential uses (Le.; 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. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 13. 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. 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 Page 9 of 12 K:\Planning Dept\Eagle Applications\CU\2007\CU_OS.07 pzfdoc building permit. 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. 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. 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. 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. 20. 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. 21. 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 City Council 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 May 7, 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 June 11, 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 June 6, 2007. The site was posted in accordance with the Eagle City Code on June 19, 2007. Requests for agencies' reviews were transmitted on May 16, 2007, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit application (CU-08-07) 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 conditional use permit is in accordance with the Eagle City Code because: Page 10 of 12 K:\Planning Dept\Eagle ApplicationsIClJ\2007\CU-OS_07 pzfdoc 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 CBD (Central Business District) zoning district since a Two-family dwelling as defined within Section 8-1-2 requires 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; 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. Duplexes are not required to meet the City's Design Review standards; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site is currently being used as a single-family residence and; 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. 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 is not adding additional structures or intensifying uses; 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 as previously approved for the subdivision. The site will have adequate ingress/egress from Harlan Place and adequate parking; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on this site. 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. Page 11 of 12 K:\Planning Dept\EagJe Applications\C'U\2007\CU_08_07 pzfdoc DA TED this [6th day of July 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ,.............", "" G p..GLE .... ....' G v........ ......_ '0.':"- · *' $, ,'" ~"TS"". \ III -.. ~o . ':. : t-.. ~ ...... - ... f.... , ~: 0 : - U 3 ,. ~v E: ::r:: i . -. . ~: lerk ~ ..'. -+-.... t:::J $ '" ...','vCOR?C~.. ~c..' ...' "f11 ....... 0' ..' .... S l' A"T~ ..... """ ""' I"'" Page 12 of 12 K:\Planning Dept\Eagle Applicalions\CU\2007\CU_08_07 plfdoc