Findings - PZ - 2017 - CU-07-17 - Waiver Of 60-Ft Front Yard Setback Required In A-R Zone To Allow An Accessory Dwelling Unit In Front Yard AreaBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
WAIVERS OF THE 60 -FOOT FRONT YARD
SETBACK REQUIRED IN THE A -R ZONE
AND TO ALLOW AN ACCESSORY
DWELLING UNIT [ADU] TO BE LOCATED
WITHIN THE FRONT YARD AREA OF THE
PRINCIPAL DWELLING FOR COREY
ELITHARP
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -07-17
The above -entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on August 7, 2017, at which time public testimony was taken and the public
hearing was closed. 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:
Corey Elitharp is requesting conditional use permit approval for a waiver of the 60 -foot front yard
setback required in the A -R zone and a waiver to allow an accessory dwelling unit (ADU) to be
located in the front yard area (front of the front plane of the principal structure). The 4.7 -acre site
is located on the east side of North Ballantyne Lane approximately 305 -feet north of the
intersection of West Hereford Drive and North Ballantyne Lane at 842 North Ballantyne Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, on Wednesday, June 14, 2017, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on June 22, 2017.
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 July 20, 2017. 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 July 18, 2017. The site was posted in
accordance with the Eagle City Code on July 27, 2017. Requests for agencies' reviews were
transmitted on June 28, 2017, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 29, 1975, the Ada County Board of County Commissioners approved and signed the
final plat for Bakers Acres Subdivision for Kenneth W. and Nona E. Baker.
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E.
F.
On December 23, 1976, the City Council approved Ordinance No. 30 annexing Baker's Acres
Subdivision into the city.
COMPANION APPLICATIONS: None
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
1 Existing
Proposed
North of site
South of site
1
Residential One
No Change
Residential One
Residential One
A -R (Agricultural -
Residential)
No Change
R-1 (Residential)
R -E -DA (Residential -Estates
with a development
agreement)
East of site Residential One A -R (Agricultural -
Residential)
West of site Residential One R -1 -DA (Residential with a
development agreement)
Single -Family Dwelling
and Accessory Structures
New Single -Family
Dwelling
Single -Family Residential
Subdivision
Lockwood Subdivision
Single -Family Residential
Subdivision
Bakers Acres Subdivision
Single -Family Residential
Subdivision
Bakers Acres Subdivision
Single -Family Residential
Subdivision
Lions Gate Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site contains one residential dwelling (approximately 916 -square feet in size) and several
accessory structures located in proximity to the northern property line.
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I. SITE DESIGN INFORMATION:
SITE DATA
Total Acreage of Site
Percentage of Site Devoted to Building
Coverage
Percentage of Site Devoted to
Landscaping
Number of Parking Spaces
Front Setback
Rear Setback
Side Setback (north)
Side Setback (south)
* Note — Based on the existing dwelling.
PROPOSED
4.7 -acres
Less than 10% (based on the
structures located on the site
to date
N/A
Five (5) inclusive of two (2)
covered
40 -feet*
230 -feet (measured to the
building envelope of the
proposed new residential
dwelling)
REQUIRED
4.7 -acres (minimum)
10% (maximum)
N/A
Four (4) inclusive of two (2)
covered (based on two [2]
dwellings)
160 -feet (minimum)
30 -feet (minimum)
60 -feet (measured to the 30 -feet (minimum)
closest existing accessory
building)
30 -feet (measured to the 30 -feet (minimum)
building envelope of the
proposed new residential
dwelling)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct a new principal dwelling on the property. The existing
dwelling is proposed to be converted to an accessory dwelling unit (ADU).
Height and Number of Stories of Proposed Buildings:
It is unknown at this time if the new principal dwelling will be one or two stories. The applicant
will be required to construct the proposed principal dwelling in conformance with Eagle City
Code.
Gross Floor Area of Proposed Buildings: Unknown.
On and Off -Site Circulation:
Access to the property is from the existing driveway located in proximity to the northwest corner
of the property.
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K. PUBLIC SERVICES AVAILABLE:
Central sewer is and water is stubbed to the property. The site is located within the Suez Water
certificated water service area.
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 perimeter of the property, around the existing
residential dwelling, and a line of mature trees located from north to south approximately 210 -feet
from the rear property line.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek— no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District (email received from Dawn Battles, dated July 14, 2017)
Ballantyne Ditch, LTD
Central District Health Department
Idaho Fish and Game Department
Idaho Transportation Department
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;
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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
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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 1 unit per 1 acre
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
ACCESSORY DWELLING UNIT: An attached or detached independent dwelling unit on the
same lot with, and of a nature customarily incidental and subordinate to, the principal dwelling
unit that has separate kitchen, sleeping, and bathroom facilities.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure. In residential
zones accessory uses/structures include, but are not limited to, accessory dwelling units,
detached carports and garages, pool houses and cabanas, amateur radio and satellite dish
antennas, barns, corrals, stables, and similar uses and structures. In nonresidential zones
accessory uses/structures include, but are not limited to, detached carports and garages,
caretaker's quarters, guardhouses, storage sheds, outdoor storage structures, microwave and
satellite dish antennas, and similar uses and structures.
SETBACK LINE: A line established by this title, generally parallel with and measured from
the lot line (except for front setback), defining the limits of a yard in which no building or
structure may be located aboveground except as may be provided herein.
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YARD: A required open space, other than a court, unoccupied and unobstructed by any
structure or portion of a structure from three feet (3') above the general ground level of the
graded lot upward; provided, accessories, ornaments and furniture may be permitted in any
yard, subject to height limitations and requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a lot and from the
front lot line to the front of the principal building.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot 1 (Acres Or Minimum
Zoning Maximum Interior Street Covered F And Square Feet) Lot
District , Height Front Rear Side i Side J* J H* Width I*
A -R r 35' F60' 30' 30' 1 45' I 10% 4.7 -acres T 100'
x1.
• 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:
Lot Size
I Accessory Dwelling
Unit Maximum
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(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 of the 60 -foot front
yard setback and to allow for an accessory dwelling unit (ADU) to be located in front of the
front plane of the principal structure. The applicant is proposing to construct a new residential
dwelling on the property and convert the existing house (constructed in 1937) into an ADU.
The site plan, date stamped by the city on June 22, 2017, shows the proposed building
envelope for the new residential dwelling located southeast of and behind the existing house.
Pursuant to Eagle City Code Section 8-3-5 (U)(3), accessory dwelling units may only be
located to the rear and side of the principal structure 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. Pursuant to Idaho Code Section §67-6512(0 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 property is zoned A -R (Agricultural -Residential). Pursuant to Eagle City Code Section 8-
2-4, the front setback within the A -R (Agricultural -Residential) zone is 60 -feet. The existing
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house is located approximately 40 -feet from the front property line. Also, pursuant to Eagle
City Code Section 8-3-5 (U)(4), accessory dwelling units shall be in conformance with the
minimum required setbacks and lot coverage limitations for the principal dwelling for the
underlying zone. If the subject application is approved, a site specific condition of approval
should be included which states that the 40 -foot front setback for the existing house is
approved.
• Pursuant to Eagle City Code Section 8-3-5 (U)(7), an existing principal single-family dwelling
shall exist on the lot or shall be constructed and shall obtain a certificate of occupancy permit
prior to or in conjunction with the accessory unit. Since the applicant is proposing to convert
the existing house into an accessory dwelling unit a zoning permit should not be issued for the
accessory dwelling unit until a certificate of occupancy is issued for the new residential
dwelling.
• The applicant's narrative, date stamped by the city on June 22, 2017, indicates that the exterior
of the existing house will be renovated to coordinate with the new primary residence. If the
subject application is approved, a site specific condition should be added that requires the
applicant to renovate the facade of the existing house to match the facade of the new principal
dwelling. The facade improvements should be reviewed and approved by staff prior to
issuance of a building permit. The facade improvements should be completed prior to a zoning
permit being issued to allow for the existing house to be utilized as an accessory dwelling unit.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the requested conditional use permit to allow an accessory dwelling unit
(ADU) to be located in front of the front plane of the principal structure and allow for a reduced front yard
setback, then staff recommends the site specific conditions of approval and standard conditions of approval
provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
7, 2017, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to 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 two (2) individuals who indicated the followng:
• The accessory dwelling unit (ADU) may be utilized as a rental.
• The applicant should be required to divide the property to locate the dwellings on separate parcels.
• The area where the new dwelling is proposed to be located was graded to be lower than the
remaining property and inquired if additional grading will be taking place to level the property.
• Will the applicant be required to provide a new ingress/egress for the new residential dwelling?
COMMISSION DELIBERATION: (Granicus time 00:35:58)
• The applicant is proposing to build a new residential dwelling and maintain the existing structure as an
accessory dwelling unit, therefore, the impact to the adjacent neighbors should be minimal since those
subdivisions have been constructed at a higher density.
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• A precedent will not be established since future similar uses will be reviewed on a case by case basis in
accordance with Eagle City Code Section 8-7-3-5 (f).
• The existing home should be permitted to remain on the site since it has been maintained at this
location for approximately 80 -years.
• The city cannot regulate whether or not the accessory dwelling unit (ADU) can be utilized as a rental.
• The owner of the accessory dwelling unit will be residing in a home located next to the accessory
dwelling unit.
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of CU -07-17 for a
conditional use permit for a waiver of the 60 -foot front yard setback required in the A -R zone and a
waiver to allow an accessory dwelling unit (ADU) to be located in the front yard area (front of the front
plane of the principal structure) for Corey Elitharp with the following staff recommended site specific
conditions of approval and standard conditions of approval with underline text to be added the Planning
and Zoning Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City, whichever occurs first.
2. The applicant shall renovate the facade of the existing house to match the facade of the new principal
dwelling. The facade improvements shall be reviewed and approved by staff prior to construction of
the improvements. The facade improvements shall be completed prior to a zoning permit being issued
to allow for the existing house to be converted to an accessory dwelling unit.
3. A certificate of occupancy for the new residential dwelling shall be required prior to the issuance of a
zoning permit for conversion of the existing house into an accessory dwelling unit (ADU).
4. The 40 -foot front setback for the existing house is approved.
5. The annlicant shall connect the accessory dwelling unit (ADU) (existing house) and the new nrincinal
dwelling to central sewer and central water odor to the issuance of a certificate of occupancy for the
nrincinal dwelling.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 Health & Welfare 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
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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
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
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street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner' s association, whichever the case may be.
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.). 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 staff and
the City Engineer 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.
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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 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.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit
within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of
the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the City Council.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU -
07 -17) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional uses:
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, 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 the issuance of 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 Eagle City Code. Also, pursuant to Idaho Code
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Section §67-6512(f), exceptions or waivers of standards may be approved through the issuance of
a conditional use permit;
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 existing house proposed to be converted
to an accessory dwelling unit (ADU) has existed at this location since 1937 and the applicant will
be required to renovate the exterior of the accessory dwelling unit to match the facade of the new
principal dwelling, as conditioned herein;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the existing
dwelling has been located on the property since 1937 and the applicant is proposing to construct
one (1) additional dwelling and all the properties located adjacent to the site have a higher density
than one (1) unit per five (5) acres;
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 the documentation provided from said agencies and as required as a
part of the conditions of approval;
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 infrastructure is
already in place to serve both dwelling units;
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 a residential use
that is not expected to produce such adjustable elements;
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 accessed from 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 the applicant is not proposing to remove any of the existing trees located on the
site.
2. 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 2851 day of August, 2017.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, IIddahoo
Trent Wright, Chairman
ATTEST: +✓
)/ a A..z.g 4
Sharon K. Bergmann, Eagle City C erk
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