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Findings - CC - 2017 - CU-07-17 - Cup For Waiver Of 60' Setback In A-R Zone And To Allow An Accessory Dwelling Unit In Front Yard AreaBEFORE THE EAGLE CITY COUNCIL 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 permit application came before the Eagle City Council for their action on September 12, 2017, at which time public testimony was taken and the public hearing was closed. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: 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. 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 August 28, 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 August 28, 2017. The site was posted in accordance with the Eagle City Code on September 1, 2017. Page 1 of 14 K:\Planning Dept\Eagle Applications\CUV01TCU-07-17 Elitharp cc£doc D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 29, 1975, the Ada County Board of County Commissioners approved and signed the fmal plat for Bakers Acres Subdivision for Kenneth W. and Nona E. Baker. On December 23, 1976, the City Council approved Ordinance No. 30 annexing Baker's Acres Subdivision into the city. E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site COMP PLAN ZONING DESIGNATION DESIGNATION Residential One A -R (Agricultural - Residential) No Change No Change Residential One R-1 (Residential) Residential One LAND USE 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. Page 2 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp ccfdoc 1. 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. J. GENERAL SITE DESIGN FEATURES: 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) 60 -feet (measured to the closest existing accessory building) 30 -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) 60 -feet (minimum) 30 -feet (minimum) 30 -feet (minimum) 30 -feet (minimum) 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. Page 3 of 14 K:\Planning Dept\Eagle Applications\CU\201TCU-07-17 Elitharp ccf.doc 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 fmd 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; Page 4 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp ccf.doc 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 Defmitions: 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. Page 5of14 K:\Planning Dept\Eagle Applications \CU\2017\CU-07-17 Elitharp ccf.doc 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: Zoning District A -R Maximum Height 35' Maximum Lot Interior Street Covered F And Side J* Front Rear Side 60' 30' 30' 45' 10% • Eagle City Code, Section 8-3-5: Accessory Dwelling Units: U. Minimum Lot Area (Acres Or Square Feet) H* 4.7 -acres tuo Minimum Lot Width I* 100' 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 11 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. Page 6 of 14 K:\Planning Dept\Eagle Applications \CU1201 7 \CU -07-17 Elitharp cct:doc 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 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(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). Page 7 of 14 K:\Planning Dept\Eagle Applications \CU\2017\CU-07-17 Elitharp ecf.doc • 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 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? Page 8 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp ccf doc 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. • 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 staff recommended site specific conditions of approval and standard conditions of approval provided within their fmdings of fact and conclusions of law document, dated August 28, 2017. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on September 12, 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 City Council by no one. C. Oral testimony in favor of the application was presented to the City Council 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 City Council by one (1) individual who indicated that based on the applicant being a builder they were concerned the property may be used as a contractor's yard for equipment and materials associated with building. They were also concerned the existing residence may be used as an office for the applicant's building business. COUNCIL DECISION: The Council voted 4-0 to approve 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 Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council: 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. Page 9 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp ccf.doc 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 applicant shall connect the accessory dwelling unit (ADU) (existing house) and the new principal dwelling to central sewer and central water prior to the issuance of a certificate of occupancy for the principal dwelling. 6. The applicant shall provide a recorded Record of Survey and a recorded legal description showing the two (2) parcels associated with the subiect site combined into a single parcel. A copy of the recorded Record of Survey and recorded legal description shall be provided prior to issuance of a building permit for the new principal 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 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. Page 10 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp ccf doc 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 fmal 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 fmal 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, 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 Page 11 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp cef.doc 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 fmal 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 fmal 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 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 Page 12 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp ccf.doc 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 Council 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(0, 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 Section §67-6512(0, 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 Page 13 of 14 K:\Planning Dept\Eagle Applications\CU\2017\CU-07-17 Elitharp ccfdoc 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 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 26th day of September, 2017. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho eta Stan Ridgeway, Mayor ATTEST: 4\ - "Sharon K. Bergmann, Eagle City7Clerk •.•`'4 AG,ILAri0 s *; SIP 49: