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Findings - CC - 2001 - CU-16-00 - Supervised Group Home(Transitional) Local Youth D. E. ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A TRANSITIONAL YOUTH HOME FOR THE FAMILY TABLE INC. ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-16-00 The above-entitled conditional use application came before the Eagle City Council for their action on March 13, 2001. 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: The Family Table Inc., represented by Christopher A. Heindel, is requesting conditional use approval to provide a supervised group home to serve as a community-based transitional home for local youth. The site is located approximately 14 mile south of E. State Street and % mile west of the intersection of E. State Street and Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on October 12, 2000. c. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November 18, 2000. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 17, 2000. Requests for agencies' reviews were transmitted on October 17, 2000 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 8, 2001. 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 February 8, 2001. HISTORY OF RELEVANT PREVIOUS ACTIONS: None COMPANION APPLICATIONS: None Page 1 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Mixed Use MU (Mixed Use) Residential Proposed No Change No change Group home North of site Mixed Use MU (Mixed Use) Gravel Pit South of site Mixed Use MU (Mixed Use) VacantIBoise River East of site Mixed Use MU (Mixed Use) Gravel Pit West of site Mixed Use MU (Mixed Use) Gravel Pit G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The site has an existing house with several accessory structures within close proximity. 1. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQ UIRED Total Acreage of Site 5. I-acres 7,000-square feet (0.I6-acres) (minimum) Percentage of Site Devoted to Less than 5 % 35% (maximum) Building Coverage Percentage of Site Devoted to N/A N/A Landscaping Number of Parking Spaces N/A N/A Front Setback Greater than 20-feet 20-feet (minimum) Rear Setback Greater than 20-feet 20-feet (minimum) Side Setback Greater than 7.5-feet 7.5-feet (minimum) Street Side Setback Greater than 15-feet 15-feet (minimum) J. GENERAL SITE DESIGN PEA TURES: Number and Uses of Proposed Buildings: One (I) structure (existing) will house the group home, and three accessory buildings which appear to function as storage and garage space. Page 2 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc Height and Number of Stories of Proposed Buildings: The existing dwelling is two (2) stories while the existing accessory structures are 1 (one) story. Gross Floor Area of Proposed Buildings: Existing dwelling is 3,000 sq. ft. On and Off-Site Circulation: Access to the site: Access exists with an approximately I,OOO-foot long gravel driveway to State Highway 44. The site currently has ample room adjacent to the house for a vehicular turn-around. K. PUBLIC SERVICES A V AILABLE: Water: The application states the property currently connected to a central water system. Sewer: The property currently uses an on-site septic system. 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 - yes Mature Trees - yes 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. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department of Environmental Quality Eagle Fire Department Q. LETTERS FROM THE PUBLIC: None received Page 3 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc 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 1. 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. B. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-5-2: AUTHORITY TO CONTINUE NONCONFORMING USE: If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date hereof that would not be allowed in the district under the terms of this Title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: Page 4 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc . c. DISCUSSION: C. Change of Nonconforming Use: If no structural alterations are made, any nonconforming use of a structure and land may, upon the issuance of a conditional use permit by the Council, be changed to another nonconforming use; provided, that the Council shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Council may require appropriate conditions and safeguards in accord with other provisions of this Title. ECC Section 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE: A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. B. Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a district under the terms of this Title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming one. (Ord. 40, 10-1978, rev. 9-1980) Staff believes the proposed group home is equally appropriate to the existing single-family dwelling. In deciding the appropriate course of action to proceed with on this application, staff determined the group home closely resembles the definition of a single family dwelling, which requires a conditional use permit within a mixed use zone. Because the appearance of the residence will not change dramatically nor will the use differ greatly from that of a single family dwelling, staff believes the group home will be harmonious with the surrounding land uses. . ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the 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 December 4, 2000. The public hearing was continued to December 18, 2001, and continued again January 16, 2001. Testimony was taken at each meeting and the public hearing was closed on January 16,2001. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by three (3) individuals with concerns regarding past and present vandalism and theft, safety of children in adjacent ponds and certification of staff working in the group home. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two (2) individuals regarding the need for this type of program. Page 5 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of CU -16-00 for a conditional use permit to provide a supervised group home to serve as a community-based transitional home for local youth, with the following staff recommended site specific conditions of approval and standard conditions of approval with underlined text to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPRO V AL: 1. There shall only be eight (8) or fewer persons residing at the group home at anyone time for the first six months of operation (the six-month trial period shall not begin until at least one transitional youth is living at the home). At the conclusion of this period, the applicant may request to increase the number of residents. If the increase is desired, the applicant shall provide a report to the Commission and Council documenting the number of complaint calls (if any) to the Ada County Sheriff s Department regarding complaints against the group home. 2. No alteration or expansion of the group home shall occur without the issuance of a conditional use permit by the City Council. 3. No change in use of the group home to another use shall occur without the issuance of a conditional use permit by the City Council. 4. By the end of the six-month period, a Memo of Understanding shall be executed between the group home and the Ada County Sheriff s Department detailing the working relationship between the two parties. 5. The conditional use permit for the group home shall expire five-years from the date of occupation of the first resident. PUBLIC HEARING OF THE COUNCIL A. A public hearing on the application was held before the City Council on March 13, 2001, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to this proposal was presented to the City Council by no one. C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the applicant). COUNCIL DECISION: The Council voted 3 to 0 (Bastian absent) to approve CU-I6-00 for a conditional use permit to provide a supervised group home to serve as a community-based transitional home for local youth with the following Planning & Zoning Commission recommended site specific conditions of approval and standard conditions of approval with strikethrough text to be deleted by the Council and underlined text to be added by the Council. SITE SPECIFIC CONDITIONS OF APPROV AL: Page 6 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc I. There shall only be eight (8) or fewer persons residing at the group home at anyone time for the first six months of operation (the six-month trial period shall not begin until at least one transitional youth is living at the home). At the conclusion of this period, the applicant may request to increase the number of residents. If the increase is desired, the applicant shall provide a report to the Commission and Council documenting the number of complaint calls (if any) to the Ada County Sheriff s Department regarding complaints against the group home. 2. No alteration or expansion of the group home shall occur without the issuance of a conditional use permit by the City Council. 3. No change in use of the group home to another use shall occur without the issuance of a conditional use permit by the City Council. 4. By the end of the six-month period, a Memo of Understanding shall be executed between the group home and the Ada County Sheriff s Department detailing the working relationship between the two parties. 5. The conditional use permit for the group home shall be reviewed by the Council ~ six fi.¥e- years from the date of oøeapatioR of the rlfst r-esiàeßt approval for possible continuation of the conditional use permit. ST ANDARD CONDITIONS OF APPROV AL: 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 rust. 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 rust. 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 rust. 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 rust. 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 rust. 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 Page 7 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc 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 fust. 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 fust. 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, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has fust 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 (I) 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 prior to issuance of any building permits or Certificate of Occupancy, whichever occurs fust. 9. 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 fust. 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 fust. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. 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. 11. 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. 12. 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 Page 8 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs rust. 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. " The fIfe hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. 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 fIfe 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. The proposed fIfe 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. b. c. d. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor 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 rust. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. 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 rust. 16. 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 rust. 17. 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 rust. 18. Basements in the flood plain are prohibited. 19. 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. 20. 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-I6-00 ccf.doc 21. 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. 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 submits application to the City of Eagle for a change to the planned use of the subject property. 22. 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). 23. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on October 12, 2000. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on November 18, 2000. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 17, 2000. Requests for agencies' reviews were transmitted on October 17, 2000 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 8, 2001. 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 February 8, 200 I. 3. The Council has reviewed the particular facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru 1" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved since the group home most closely resembles that of a single-family residence which requires approval of a conditional use in a mixed use district; 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 the group home will function similar to that of a single family dwelling and has a time limit on the length the conditional use permit may be allowed to continue; Page 10 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc 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 no structural changes will be made to the exterior of the building and will maintain the appearance of a residential dwelling; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the group home is subject to providing reports to the Council and entering into a memo of understanding with the Ada County Sheriff s Department; E. Will be served adequately by essential public facilities such as highways, streets, police and fITe 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 since the group home will function similar to a residence and is funded by the participants of the home; 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 since the driveway is existing and allowed by the highway district having jurisdiction; and 1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since no structural changes to the building or land are proposed. Page 11 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU-16-00 ccf.doc DATED this 10th day of April 2001. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ~or" ATTEST: Page 12 of 12 K:\Planning Dept\Eagle Applications\CU\2000\CU -16-00 ccf.doc