Findings - PZ - 2015 - CU-04-15 - Cu To Construct Accessory Dwelling(1,860 Sq Ft)/1.24 Acre/2095 N. Greenview Crt/LexinBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
A WAIVER TO EXCEED THE MAXIMUM
ALLOWABLE SQUARE FOOTAGE FOR
AN ACCESSORY DWELLING UNIT FOR
JOHNNY AND KATHLEEN GREEN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -04 -15
The above - entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their consideration on July 20, 2015, at which time public testimony was taken. The Eagle
PIanning and Zoning Commission, pursuant to Idaho Code 67 -6510, directed staff to mediate with the
applicant, the Lexington Hills Homeowners Association, and other affected parties and bring a mediation
summary back for their consideration at their August 3, 2015, meeting. The application came before the
Eagle Planning and Zoning Commission for their consideration on August 3, 20I5, at which time the City
Attorney provided an update in regard to the applicant meeting held with the Lexington Hills Homeowners
Association and an agreement could not be reached with regard to the contested matters, including the
provision of pressurized irrigation to the applicant's property from the Lexington Hills Homeowners'
Association irrigation system and annexation into the Lexington Hills Homeowners Association. The Eagle
Planning and Zoning Commission continued the public hearing to August 31, 2015. A mediation session
was conducted on August 18, 2015. Upon completion of the mediation session, an agreement was not
reached. The application came back before the Eagle Planning and Zoning Commission for their
consideration on August 31, 2015, at which time additional public testimony was taken. The Eagle
Planning and Zoning Commission closed the public hearing with the exception of allowing staff to
recommend conditions of approval based upon the requirements of the Lexington Hills CC &Rs as they
pertained to the application, including design aspects of the accessory dwelling unit, and including
conditions relating to the provision of sewer service from the Eagle Sewer District. The Eagle Planning
and Zoning Commission continued the application to the September 21, 2015, meeting at which time staff
updated the Commission in regard to the aforementioned items. The Eagle Planning and Zoning
Commission continued the application to the November 2, 2015, meeting at which time staff and the City
Attorney provided additional information in regard to design of the accessory dwelling unit (ADU) based
on the Lexington Hills CC &Rs, the status of the property being annexed into the Eagle Sewer District, and
an update on the outstanding mediation items. The Eagle Planning and Zoning Commission made their
recommendation at that time. 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:
Johnny and Kathleen Green are requesting conditional use permit approval for a waiver to allow
the construction of a 1,860 - square foot accessory dwelling unit (maximum size limitation per ECC
is 1,200 square feet). The 1.24 -acre site is located at 2095 North Greenview Court within
Lexington on the Rim Subdivision.
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B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on -site at 7:00 PM, Tuesday, May 19, 2015, 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 28, 2015.
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 29, 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 June 24, 2015. The site was posted in
accordance with the Eagle City Code on July 9, 2015. Requests for agencies' reviews were
transmitted on June 2, 2015, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 25, 2005, the City Council approved a rezone (portion of the subject site) from A -R
(Agricultural- Residential) to R -2 -DA (Residential with a development agreement) (RZ- 16 -05).
On September 18, 2006, the Zoning Administrator approved a lot line adjustment regarding the lot
line located between Lot 5, Block 1, Lexington on the Rim Subdivision and Lot 6, Block 3,
Rocket Bar Subdivision, for Bev Gross and Dave Elledge (LLA- 03 -06).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (1) existing residential home with a single driveway providing access from
Greenview Court.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Two
R -1 (Residential)
Single- family residence
Proposed
No change
No Change
Accessory dwelling unit
(ADU)
North of site
Residential Three
A -R. (Agricultural-
Single- family dwelling
Residential)
(Rocket Bar Subdivision)
South of site
Residential Three
R -2 -P (Residential — PUD)
Lexington Hills Sub. No. 4
and R- 2 -DA -P (Residential
with a development
agreement — PUD
East of site
Residential Three
R -1
Lexington on the Rim
West of site
Residential Two
A -R (Agricultural-
Rocket Bar Subdivision
Residential)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (1) existing residential home with a single driveway providing access from
Greenview Court.
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I. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
2.08 -acres
37,000- square feet (minimum)
Percentage of Site Devoted to Building
Coverage
9.3%
35% (Maximum)
Percentage of Site Devoted to
Landscaping
NIA
NIA
Number of Parking Spaces
Two (2) covered (ADU)
Two (2); (one [ 11 covered)
Front Setback (East)
Greater than 30 -feet
(located behind existing
home)
30 -feet (minimum)
Rear Setback (West)
Greater than 30 -feet
30 -Feet (minimum)
Side Setback (North)
Greater than 15 -feet
15 -feet (minimum)
Side Setback (South)
15 -feet
15 -feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) ADA accessible accessory dwelling unit.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty -one foot (21') high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed accessory dwelling unit is 2,745- square feet, inclusive of the garage area.
On and Off -Site Circulation:
The access for the accessory dwelling unit will be provided from the existing driveway located on
the subject property.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Sewer District, City of Eagle Municipal Water, and 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
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — located adjacent to the principal dwelling and the perimeter of the site.
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Riparian Vegetation - no
Steep Slopes — yes — Iocated adjacent to the northern property line
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 to the staff report.
Comments, which appear to be of special concern, are noted below:
Central District Health Department
Eagle Fire Department
Republic Services
Q. LETTERS FROM THE PUBLIC:
Correspondence received from the Lexington Hills Homeowner's Association, date stamped by the
City on July 13, 2015 (attached to the staff report).
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
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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:
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 -3 -5: Accessory Dwelling Units:
U. Accessory Dwelling Units:
1. The minimum lot size for the inclusion of an accessory dwelling unit is seventeen
thousand (17,000) square feet or greater unless otherwise approved as part of a
development agreement or PUD. Accessory dwelling units on lots of seventeen
thousand (17,000) square feet or less shall count as a unit for the purpose of
calculating development density.
2. The maximum size of the accessory dwelling shall be as follows:
Accessory Dwelling
Unit Maximum
Lot Size Size
40,000 square feet or 1,200 square feet
greater
Note: 1. See subsection U I of this section.
3. Accessory dwelling units may only be located to the rear or side of the principal
dwelling and shall not be located in front of the front plane of the principal structure
unless otherwise permitted as part of a development agreement or PUD approval.
4. Accessory dwelling units must comply with all required setback and lot coverage
limitations for the principal dwelling for the underlying zone.
5. Detached accessory dwelling units shall meet minimum building separation standards
as described in the building code.
6. All accessory dwelling units require a zoning permit to be issued prior to the issuance
of a building permit.
7. An existing principal single- family dwelling shall exist on the lot or shall be
constructed and shall obtain an occupancy permit prior to or in conjunction with the
accessory unit.
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8. Only one accessory dwelling unit shall be allowed for each parcel.
9. Exterior design of the accessory dwelling unit will be accessible with the principal
residence on the lot and not detract from the single- family appearance of the lot or
obscure and confuse the front entrance of the principal structure.
10. Accessory dwelling units shall comply with the off street parking requirements for
apartment and multi - family dwellings under section 8 -4 -5 of this title.
11. The entrance to the accessory dwelling unit shall not be permitted to face toward the
street unless the accessory unit is located completely behind the rear plane of the
principal structure.
12. The accessory dwelling unit shall not be sold separately.
Eagle City Code, Section 8- 7 -3 -5: Conditional Use Pen-nit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. IDAHO CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Idaho Code Section 67- 6512(0:
In addition to other processes permitted by this chapter, exceptions or waivers of standards,
other than use, inclusive of the subject matter addressed by section 67 -6516, Idaho Code, in a
zoning ordinance may be permitted through issuance of a special use permit or by
administrative process specified by ordinance, subject to such conditions as may be imposed
pursuant to a local ordinance drafted to implement subsection (d) of this section.
D. DISCUSSION:
The applicant is requesting conditional use permit approval for a waiver to allow for an
accessory dwelling unit (ADU) to house their elderly parents. The proposed accessory
dwelling unit will have a living quarter's area consisting of approximately 1,860- square feet in
size. Pursuant to Eagle City Code, Section 8 -3 -5 (U), accessory dwelling units are not to
exceed 1,200- square feet in size on parcels 40,000- square feet or greater. 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
indicated within the provided narrative, date stamped by the City on May 28, 2015, that they
are making the request to allow for an ADU that is ADA compliant so they can provide
accommodations for their elderly parents. The ADU will contain two (2) bedrooms, 2.5
bathrooms (one [ 1 ] full ADA bathroom for each bedroom plus one [ 1 ] non -ADA half bath for
visitors so they do not need to walk through a bedroom to utilize a bathroom), laundry
facilities, small kitchen, dining area, and living area. The narrative goes on to state that the
space requirements for the ADU to be an ADA accessible dwelling makes it impossible to
construct a dwelling within the current 1,200- square foot limitations.
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PUBLIC HEARING OF THE COMMISSION:
A. The conditional use permit application came before the Eagle Planning and Zoning Commission for
their consideration on July 20, 2015, at which time public testimony was taken. The Eagle Planning
and Zoning Commission, pursuant to Idaho Code 67 -6510, directed staff to mediate with the applicant,
the Lexington Hills Homeowners Association, and other affected parties and bring a mediation
summary back for their consideration at their August 3, 2015, meeting. The application came before
the Eagle Planning and Zoning Commission for their consideration on August 3, 2015, at which time
the City Attorney provided an update in regard to the applicant meeting held with the Lexington Hills
Homeowners Association and an agreement could not be reached with regard to the contested matters,
including the provision of pressurized irrigation to the applicant's property from the Lexington Hills
Homeowners' Association irrigation system and annexation into the Lexington Hills Homeowners
Association. The Eagle Planning and Zoning Commission continued the public hearing to August 31,
2015. A mediation session was conducted on August 18, 2015. Upon completion of the mediation
session, an agreement was not reached. The application came back before the Eagle Planning and
Zoning Commission for their consideration on August 31, 2015, at which time additional public
testimony was taken. The Eagle Planning and Zoning Commission closed the public hearing with the
exception of allowing staff to recommend conditions of approval based upon the requirements of the
Lexington Hills CC &Rs as they pertained to the application, including design aspects of the accessory
dwelling unit, and including conditions relating to the provision of sewer service from the Eagle Sewer
District. The Eagle Planning and Zoning Commission continued the application to the September 21,
2015, meeting at which time staff updated the Commission in regard to the aforementioned items. The
Eagle Planning and Zoning Commission continued the application to the November 2, 2015, meeting
at which time staff and the City Attorney provided additional information in regard to design of the
accessory dwelling unit (ADU) based on the Lexington Hills CC &Rs, the status of the property being
annexed into the Eagle Sewer District, and an update on the outstanding mediation items. The Eagle
Planning and Zoning Commission made their recommendation at that time.
S. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals who expressed the following concerns:
• The height of the structure will impede the adjacent property owner's views of the foothills.
• When the need no longer exists for the parents to utilize the accessory dwelling unit who will use
it in the future?
• The proximity of the proposed accessory dwelling unit to the adjacent properties will impact the
privacy of the adjacent property owners.
• Upon completion of the accessory dwelling unit the property values of the adjacent properties may
be negatively impacted.
D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by five (5) individuals who indicated:
The portion of the subject property located outside of the Lexington Hills Subdivision should be
annexed into the Lexington Hills Homeowners' Association so the area where the accessory
dwelling unit is proposed to be located will be subject to the Lexington Hills Subdivision CC &Rs.
The applicant should be required to provide additional water shares to be transferred to the
Lexington Hills Homeowners' Association to be utilized for the subdivision's pressurized
irrigation system. The application should not be approved until the applicant and the Lexington
Hills Homeowners' Association come to an agreement regarding pressurized irrigation for the area
where the accessory dwelling unit will be located.
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The application should be continued until such time the parties and legal teams reach an agreement
with regard to annexation into the Lexington Hills Homeowners' Association.
The Lexington Hills Homeowners' Association is concerned about: sewer, water, pressurized
irrigation, status of the property if sold, height of the structure, and the future use of the property.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• They have a concern regarding irrigation of the portion of the subject property located outside of the
Lexington Hills Subdivision due to the fact there are no facilities providing pressurized irrigation (non -
potable water) to the area of the property where the accessory dwelling unit is proposed to be located.
Due to the cost of using potable water to irrigate the site, the result will be the use of minimal
landscaping that will be non - commensurate with the surrounding expansive and lush landscaping
within the Lexington Hills Subdivision.
• The structure should be a single -story and the height of the building should be as low as is feasible.
• The structure should be reviewed and approved by the Lexington Hills Subdivision Architectural
Control Committee.
• The subject property should be within the purview of the Lexington Hills Homeowners' Association.
• They have a concern with the future use of the structure upon the cessation of use by the parents.
• Based upon its design, the proposed accessory dwelling unit is compatible with the adjacent residential
structures.
• The views from the adjacent properties is not an issue due to the limited height of the proposed
accessory dwelling unit structure and the fact that the existing trees located between the proposed
accessory dwelling unit will provide screening from the existing residences.
• The accessory dwelling unit should match the style and color of primary dwelling unit located on the
property.
• They are in agreement with the requested size of the accessory dwelling unit based on the need to
house both sets of parents.
• They have a concern with the Lexington Hills Homeowners' Association requiring a 75% approval of
the subdivisions' residents to annex additional properties into the homeowners association.
COMMISSION DECISION:
The Commission voted 4 -0 to recommend approval of CU -07 -15 for a waiver to allow the construction of
a 2,745 - square foot (1,860- square foot living quarters), for Johnny and Kathleen Green, with the following
staff recommended site specific conditions of approval and standard conditions of approval with underline
text to be added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. An accessory dwelling unit with living quarters not to exceed 1,860 - square feet in size is the only use
approved with this conditional use permit.
2. The applicant shall submit payment to the City for all engineering fees and Iegal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy.
3. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department
prior to construction of the accessory dwelling unit.
4. The height of the accessory dwelling unit (ADU) shall not exceed twenty-two feet (22') in height.
5. The applicant shall obtain a sewer permit from the Eagle Sewer District prior to issuance of a building
permit for the accessory dwelling unit (ADU).
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6. The accessory dwelling unit (ADU) shall be accessory to the primary dwelIina unit located on the
property to be used solely as an accessory to the primary dwelling unit, by a guest, a family member, or
household employee and not for commercial purpose _as a separate rental unit.
7. The _accessory_dweIling unit (ADU) shall match in design and color to that of the primary residence
located on the property.
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 Ietter 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. 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
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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. Whether located inside or outside of the public right -of -way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
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 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.). FIow 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.
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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 advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiverivariance 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.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU-
44-15) 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 Idaho Code Section 67- 6512(f) provides for
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 a conditional use
permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and /or this title (Eagle City Code Title 8) since there are no
inconsistencies with the Comprehensive Plan and since an accessory dwelling unit (ADU) that
exceeds the maximum square footage may be permitted with the approval of a conditional use
permit pursuant to Idaho Code Section 67- 6512(f);
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 -story accessory dwelling unit
(ADU) will be located to the rear of the existing dwelling and will be designed with similar
aesthetic features so that that accessory dwelling unit will blend with the other residential units
surrounding the site;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the purposed use
is residential and the subject parcel is surrounded by lots containing single - family residential
dwellings. There are existing mature trees located adjacent to the southern property line which
provide a buffer between the proposed accessory dwelling unit (ADU) and the residential homes
located south of the site;
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
accessory dwelling unit (ADU) will be connected to central sewer and water;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the applicant will be
connecting the accessory dwelling unit (ADU) into existing central sewer and central water and
access will be provided from an existing street;
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 it has been determined that
residential uses do not produce the above mentioned objectionable elements and the applicant is
proposing a residential use similar to what currently exists in the area;
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 street;
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the site since the
applicant is not proposing to remove any existing trees an no other changes are proposed.
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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.
DATED this 41h day of January, 2016.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
Bergmann, Eagle City
tole,
+o �
'OF 11)
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