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
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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.
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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
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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:
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.
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.
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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:
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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
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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
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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.
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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;
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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.
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DATED this 10th day of April 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
~or"
ATTEST:
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