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Findings - CC - 2015 - CU-07-14 - Allow Mobile Home Occupied By Familiy Member To Stay/1960 W Joplin Ln BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT ) FOR A MOBILE HOME (OCCUPIED BY ) A FAMILY MEMBER)AND A SETBACK ) WAIVER FOR SHANE AND SHARON MACE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-07-14 The above-entitled conditional use permit application came before the Eagle City Council for their action on February 10, 2015, 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: Shane and Sharon Mace, represented by Rick McGraw, are requesting conditional use permit approval to allow a mobile home occupied by a family member to continue to be located upon a lot in which a single-family dwelling already exists. The applicant is also requesting conditional use permit approval of a setback waiver to allow existing accessory structures (which are located within a required setback) to remain upon annexation. The 4.6-acre site is located approximately 1200-feet west of the intersection of South Chipper Way and South Locust Grove Road at 1960 West Joplin Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, November 20, 2014*, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on November 12, 2014. *Note -A neighborhood meeting was held on September 4, 2014, for the proposed annexation and rezone of the property. 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 November 24, 2014. 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 November 20, 2014. Requests for agencies' reviews were transmitted on November 12, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on December 1, 2014, Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 26, 2015. 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, Page 1 of 12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccf.doc Chapter 65, Idaho Code and Eagle City Code on January 20, 2015. The site was posted in accordance with the Eagle City Code on January 30, 2015. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None E. COMPANION APPLICATIONS: Annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E (Residential-Estates)(A-04-1 4/RZ-04-1 4). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two RUT(Rural-Urban Single-family residence, Transition—Ada County mobile home(secondary designation) dwelling), and agriculture Proposed No change R-E(Residential-Estates) No change North of site Residential Two R-2-P(Residential—PUD) Banbury Golf Course South of site Residential One RUT(Rural-Urban Vacant parcel Transition—Ada County designation) East of site Residential Two R-3-DA (Residential with a Banbury Meadows development agreement) Subdivision No. 8 West of site Residential Two RUT(Rural-Urban Single-family residence and Transition—Ada County agriculture designation) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: A single-family dwelling, a mobile home (secondary dwelling utilized by a family member) and approximately six (6) accessory structures are located on the site. The site also contains pasture area with mature trees, shrubs, and lawn areas in proximity to the existing dwellings. Page 2 of 12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccf doc SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 4.6-acres 1.8-acres (minimum) Percentage of Site Devoted to Building 3.6%(approximately) 15%(maximum) Coverage Percentage of Site Devoted to N/A N/A Landscaping Number of Parking Spaces Greater than 4 4 (minimum) Front Setback(south) 290-feet 50-feet(minimum) Rear Setback(north) 18-feet 25-feet(minimum) Side Setback(east and west) 29-feet 7.5-feet(minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings:No new buildings are proposed. Height and Number of Stories of Proposed Buildings:No new buildings are proposed. Gross Floor Area of Proposed Buildings:No new buildings are proposed. On and Off-Site Circulation: The property is served by a single driveway located adjacent to the southern property line. The driveway is located within an ingress/egress easement that provides connection to South Locust Grove Road. K. PUBLIC SERVICES AVAILABLE: The single-family dwelling and the mobile home are currently connected to an on-site well and septic system.No changes are proposed. 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—No Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees—Yes—Located in proximity to the residence and the driveway Riparian Vegetation—No Page 3 of 12 K\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccfdoc Steep Slopes—No Stream/Creek—No Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No 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 to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Eagle Fire Department Settler's Irrigation District Tesoro Logistics NW Pipeline 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 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 Page 4 of 12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccf doc L 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: • The site is designated as Residential Two on the Comprehensive Plan Land Use Map. Chapter 6—Land Use 6.3.4 Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations: Official Height and Area Regulations Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq. Ft.)G And H* R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100' • Eagle City Code Section 8-3-2 Supplemental General Provisions: E. Conditional Use Mobile Home: Notwithstanding any other provision in this title, a mobile home occupied by a family member may be located upon a lot upon which a single-family dwelling already exists; provided, that a conditional use permit is applied for in accordance with section 8-7-3-5 of this title, and the city council determines that the standards for the issuance of a conditional use permit set forth in section 8-7-3-2 of this title, are satisfied. C. DISCUSSION: • The 4.6-acre site currently contains a single-family dwelling, a mobile home (secondary dwelling utilized by a family member), and approximately six (6) accessory structures. Three (3) of the accessory structures are located within the 30-foot wide rear yard setback associated with the proposed R-E (Residential-Estates — up to one (1) unit per two (2) acres) zoning designation. • The applicant is requesting conditional use permit approval to allow the existing mobile home (currently occupied by a family member)to remain on-site upon annexation. Pursuant to Eagle City Code Section 8-3-2(f), a mobile home occupied by a family member may be located upon a lot upon which a single-family dwelling already exists; provided, that a conditional use permit is applied for and approved. If approved the mobile home should be required to be Page 5 of 12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-I4 Shane Mace ccf doc removed from the site within ninety (90) days of cessation of use by a family member. Also, on the anniversary of this approval, the applicant should be required to submit a letter annually to the Planning and Zoning Department attesting to the occupancy of the mobile home by a family member. • Pursuant to Idaho Code Section §67-6512(f) exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning ordinance may be permitted through issuance of a special use permit (conditional use permit). The applicant is requesting approval of a conditional use permit of a setback waiver to allow the three (3) accessory structures located within the 30-foot rear setback to remain at the existing locations. Should an accessory structure be removed and a replacement accessory structure be constructed the replacement structure should be constructed in conformance with the required setback unless a waiver pursuant to Eagle City Code Section 8-2-4(A)(5) is reviewed and approved by the Zoning Administrator. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on December 15, 2014, a quorum was not present. The public hearing was rescheduled for January 5, 2015, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by one individual who indicated that since the Mace family has purchased the property the property has been maintained better than in the past. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The mobile home and accessory structures have existed on-site for many years and the adjacent neighbors have no objection to approval of the application. COMMISSION DECISION: The Commission voted 5-0 to recommend approval of CU-07-14 for a conditional use permit for a mobile home (occupied by a family member) and a setback waiver for Shane and Sharon Mace, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated January 20, 2015. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on February 10, 2015, 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 the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to City Council by no one (not including the applicant/representative). Page 6 of 12 K:\Planning Dept\Eagle Applications\CU\20I4\CU-07-14 Shane Mace ccf doc COUNCIL DECISION: The Council voted 4 to 0 to approve CU-07-14 for a conditional use permit for a mobile home (occupied by a family member) and a setback waiver for Shane and Sharon Mace, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Upon the mobile home no longer being occupied by a family member the mobile home shall be removed from the site within ninety(90) days subsequent to the vacancy of the mobile home. (8-3- 2[E]) 2. On the anniversary of this approval, the applicant shall submit a letter annually to the Planning and Zoning Department attesting to the occupancy of the mobile home by a family member. 3. The three (3) accessory structures located within the 30-foot rear setback shall be permitted to remain at their existing locations. Should an accessory structure be removed and a replacement accessory structure be constructed the replacement structure shall be constructed in conformance with the required setbacks unless a waiver pursuant to Eagle City Code Section 8-2-4(A)(5) is reviewed and approved by the Zoning Administrator. 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 first. 2. Idaho Department of Environmental Quality approval of the sewer and water facilities is required prior issuance of any building permits or Certificate 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 Certificate of Occupancy, whichever occurs first. 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 Certificate of Occupancy,whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. Page 7 of 12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccf doc 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, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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 Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 10. 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. 11. 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. 12. 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. 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 Page 8of12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccf doc 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, 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 (i.e.; 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 or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or 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 first. 15. 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. 16. 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 first. 17. 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 first. 18. 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 first. 19. Basements in the flood plain are prohibited. 20. 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. 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. 22. 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. 23. 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 Page 9 of 12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccfdoc advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 25. 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). 26. 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. A Neighborhood Meeting was held on-site at 6:00 PM, November 20, 2014*, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on November 12, 2014. *Note - A neighborhood meeting was held on September 4, 2014, for the proposed annexation and rezone of the property. 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 November 24, 2014. 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 November 20, 2014. Requests for agencies' reviews were transmitted on November 12, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on December 1, 2014. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 26, 2015. 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 January 20, 2015. The site was posted in accordance with the Eagle City Code on January 30, 2015. 3. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU-07- 14) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional use: 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 since a mobile home occupied by a family member is allowed upon a parcel in which a single-family dwelling currently exists provided that a conditional use permit is approved by the City Council as outlined in Section 8-3-2 (E). Also, pursuant to Idaho Code Section §67-6512(f) exceptions or waivers of standards (reduction in setback), other than use, inclusive of the subject matter addressed by Idaho Code Section §67- 6516, in a zoning ordinance may be permitted through issuance of a conditional use permit; and Page 10 of 12 K:\Planning Dept\Eagle Applications\CU\20I4\CU-07-14 Shane Mace ccfdoc 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 Eagle City Code contains provisions which allow for a mobile home (occupied by a family member) to be located upon a lot where a single- family dwelling already exists with the approval of a conditional use permit. Also, pursuant to Idaho Code Section§67-6512(f) exceptions or waivers of standards may be approved through the issuance of a conditional use permit; and 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 single-family dwelling, mobile home, and the accessory structures have existed on the site for many years; and D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area surrounding the subject property is not developed (with the exception of the Banbury Golf Course located on the adjacent property to the north); 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 public services and the two (2) existing dwellings on the site receive potable water from an existing domestic well and are connected to a septic system; and 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 proposing any new development on the site; and 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 site consists of residential and agricultural uses that are not expected to deviate from those activities; and H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares since the site is served by an existing driveway; 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 the site and no changes to the existing site are proposed. 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\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccfdoc DATED this 10th day of March, 2015. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ti �' es D. Reynolds, May ,,..•,,"',,,.,, s .c NG LE ,� V••••••.••• .,, ATTEST: i 1 Q0 •. = b! / • :U O #. b.;4= Sharon . Bergmann, Eagle City C erk ..,,,•••,. STA'CEok'4,, Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis. Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen(14)days of the final written decision. Page 12 of 12 K:\Planning Dept\Eagle Applications\CU\2014\CU-07-14 Shane Mace ccfdoc