Findings - CC - 2015 - CU-04-15 - Construct A 1860 Sq Ft Accessory Dwelling Unit/2095 N Greenview Court/LexinBEFORE THE EAGLE CITY COUNCIL
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 City Council for their action
on January 26, 2015. 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:
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.
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.
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 4, 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 December 30, 2015.
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).
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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
N/A
N/A
Number of Parking Spaces
Two (2) covered (ADU)
Two (2); (one [1] 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 — located 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 Homeowners 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 U1 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 Permit:
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(f):
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.
B. 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 to 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 as 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 that the Lexington subdivision is unable to show available
facilities to provide 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 may not 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 and
concerned that the Greens would be subject to CC &Rs which they would have no vote on since that
property is not within the subdivision.
COMMISSION DECISION:
The Commission voted 4 -0 to recommend approval of CU -04 -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 provided
within their findings of fact and conclusions of law document, dated January 4, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 26, 2016, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by three (3) individuals
who expressed the following concerns:
• The proposed size of the accessory dwelling unit is too large.
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• The adjacent neighbors located to the south of the subject property do not want a residential home
located behind their properties.
• Based on the proposed size of the accessory dwelling unit it appears to be a stand -alone residential
home and not and an accessory dwelling.
• One of the individual's indicated that his children may be too loud for the residents who will
reside within the accessory dwelling unit.
• The applicant's elderly parents should be incorporated into the principal single - family dwelling.
• The resale value of the adjacent homes may be affected due to the location of the accessory
dwelling unit.
• The residents of the proposed accessory dwelling unit will need to utilize the public street located
within Lexington Hills Subdivision to access the property.
• Approval of the accessory dwelling unit will place a burden on the Lexington Hills Homeowners
Association.
• The applicant should be required to comply with the Lexington Hills Subdivision CC &Rs.
D. Oral testimony neither in opposition to nor in favor to this proposal was presented to the City Council
by three (3) individuals who indicated:
• The area of the subject property, where the applicant is proposing to locate the accessory dwelling
unit, is located outside of the Lexington Hills Subdivision. The Lexington Hills Homeowners
Association (HOA) would like the property to be annexed into the HOA, which will allow the
HOA to review and approve the design of the accessory dwelling unit prior to approval of a
building permit.
• Based on the number of votes required for annexation into the Lexington Hills Subdivision
Homeowners Association, the individuals indicated they did not feel annexation could be
achieved.
• The Lexington Hills Homeowners Association may not have the legal ability to annex the portion
of the subject property that is located outside of the boundary of the subdivision.
• The only access to the portion of the subject property located outside of Lexington Hills
Subdivision is through the public streets located within Lexington Hills Subdivision.
• Although the applicant has the option of purchasing water shares to add to the Lexington Hills
Subdivision's pressurized irrigation system, it is unknown if the HOA can provide pressurized
irrigation to the property since the pressurized irrigation system may not have capacity due to
broken pipes and it is unknown when the pipes will be repaired.
• The applicant should be required to pay a pro -rata share to connect into the existing Lexington Hill
Subdivision's pressurized irrigation system.
• The Lexington Hills Homeowners Association dues are based on lot size and the HOA has not had
the opportunity to determine the fees for the subject property.
• A concern in regard to who will occupy the accessory dwelling unit upon the cessation of use by
the elderly parents.
• A concern with the applicant requesting a three (3) year timeframe to construct the accessory
dwelling unit.
COUNCIL DECISION:
The Council voted 4 -0 to deny CU -04 -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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -04-
15) in terms of Eagle City Code Section 8- 7 -3 -2, "General Standards For Conditional Uses" Item C
and has concluded that the proposed conditional use:
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C. Will not 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
change the essential character of the same area since the proposed size of the accessory dwelling
unit (ADU) exceeds the maximum size of 1,200- square feet permitted pursuant to Eagle City Code
8- 3- 5(U)(2). Based on the proposed size of the ADU it closely resembles a principal single- family
dwelling and not an accessory dwelling. Pursuant to Eagle City Code Section 8 -2 -1 two (2)
dwelling units are not permitted on a single lot unless approved as part of a planned unit
development. The Council also was concerned that precedent may be established with the approval
of an ADU that exceeds the maximum square footage permitted pursuant to Eagle City Code.
DATED this 9th day of February 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho �
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G -0 �Q0Rq
Stan Ridgeway, Mayor
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ATTEST:
s SEAL
URPORXV,60��O'i
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OF
Sharon K. Bergmann, Eagle C Clerk
•••.,•�.,•••••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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