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Findings - CC - 2003 - CU-11-02 - Allow Mobile Home On Property To Continue OR\G\~f\L BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A MOBILE HOME FOR DALE R. CHESNUT ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-ll-O2 The above-entitled conditional use application came before the Eagle City Council for their action on March 25, 2003. 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. B. PROJECT SUMMARY: Dale R. Chesnut is requesting conditional use approval to allow a mobile home occupied by a family member to continue to be located upon a lot in which a single-family dwelling already exists. The site is generally located on the northwest comer of Conover Street and Syringa Street at 2052 and 2054 Syringa Street. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on December 18, 2002. c. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commrssion was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on January 28, 2003. 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 January 23, 2003. Requests for agencies' reviews were transmitted on December 20, 2002 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 March 4, 2003. 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 25, 2003. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 12, 1992, the Eagle City Council approved a conditional use permit (CU-92 TLQ) to permit the use of mobile home occupied by a family member to be located upon this site. E. COMPANION APPLICATIONS: None Page 1 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU -11-02 ccf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Residential Four (up to R-4 (Residential) Single family dwelling & four dwelling units per mobile home acres max.) Proposed No Change No Change Continuation of existing Single family dwelling & mobile home North of site Residential Four (up to R-4 (Residential) Residential Subdivision four dwelling units per acres max.) South of site Residential Four (up to R-4 (Residential) Residential Subdivision four dwelling units per acres max.) East of site Residential Four (up to R-4 (Residential) Residential Subdivision four dwelling units per acres max.) West of site Residential Four (up to R-4 (Residential) Residential Subdivision four dwelling units per acres max.) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: A mobile home and a single family dwelling with associated accessory structures are located on the site. Mature trees and shrubs, and sodded areas exist throughout the site. 1. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 28,195 SF (.64-acres) 8,000 SF (.I8-acres) minimum Percentage of Site Devoted to Building 1% (approximate) 40% maximum Coverage Percentage of Site Devoted to N/A N/A Landscaping J. GENERAL SITE DESIGN FEATURES: Page 2 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU-11-02 ccf.doc O. P. Number and Uses of Proposed Buildings: No new buildings proposed Height and Number of Stories of Proposed Buildings: No new buildings proposed Gross Floor Area of Proposed Buildings: No new buildings proposed On and Off-Site Circulation: There is one existing circular driveway located on Syringa Street which provides access to both the single-family dwelling and the mobile home. K. PUBLIC SERVICES A V AILABLE: A letter from the Central District Health Department states there are no objections to this proposal. The Eagle Sewer District states there will be no additional impact to the District since the single-family dwelling and the mobile home are currently connected to sewer service. United Water states this property is not within their service boundaries. The site is currently serviced by an on-site well. L. PUBLIC USES PROPOSED: None 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 Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Central District Health Department Department of Environmental Quality Eagle Sewer District United Water Page 3 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU-l1-02 ccf.doc Q. R. LETTERS FROM THE PUBLIC: Letter from Wilson Chesnut, 1940 Syringa Street, Eagle, ill 83616, date stamped by the City on January 30, 2003. Letter from Leon and Tina Cunningham, 485 Conover Street, Eagle, ill 83616, date stamped by the City on February 7, 2003. 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 Page 4 of 11 K:\P1anning Dept\Eagle Applications\CU\2002\CU -11-02 ccf.doc c. THIS PROPOSAL: . Eagle City Code Section 8-1-2 Mobile Home, states in part: Designed for a long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; . Eagle City Code Section 8-3-2 (E) Conditional Use Mobile Home: Notwithstanding any other provision in this title, a mobile home occupied by a family member may be located upon a lot upon which a single-family dwelling already exists; provided, that a conditional use permit is applied for in accordance with section 8-7-3-5 of this title, and the city council determines that the standards for the issuance of a conditional use permit set forth in section 8-7-3-2 of this title, are satisfied. . Eagle City Code Section 8-7-3-5 (F) Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DISCUSSION: . On May 12, 1992, the Eagle City Council approved a conditional use permit (CU-92 TLQ) to allow a manufactured home to be constructed upon the site wherein an existing mobile home, occupied by Margaret Chesnut, was permitted to remain. The conditional use permit required that upon the mobile home no longer being occupied by Margaret Chesnut, the mobile home was to be removed from the site. Subsequent to the passing of Margaret Chesnut, the applicant has requested to continue the use of the mobile home to be occupied by two family members, Ernest and Arlene Asmus. . Similar to past action by the City, consideration should be given to placing a limitation on the conditional use permit for the length of time the mobile home may be located on the site. Staff recommends that upon the mobile home no longer being occupied by Ernest and Arlene Asmus, the mobile home should be removed from the site. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends 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 February 18, 2003, 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 this proposal was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). COMMISSION DECISION: Page 5 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU-II-02 ccf.doc The Commission voted 5 to 0 to recommend approval of a conditional use to continue the use of a mobile home for a family member(s) upon a parcel in which a single-family dwelling currently exists for Dale R. Chesnut, with the site specific conditions of approval and standard conditions of approval shown within their Findings of Fact and Conclusions of Law document, dated March 3, 2003. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on March 25, 2003, 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/representative). COUNCIL DECISION: The Council voted 3 to 0 (Nordstrom absent) to approve CU-ll-02 for a conditional use to continue the use of a mobile home for a family member(s) upon a parcel in which a single-family dwelling currently exists for Dale R. Chesnut, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Upon the mobile home no longer being occupied by Ernest and Arlene Asmus, the mobile home shall be removed from the site within ninety (90) days subsequent to the vacancy of the mobile home. 2. The applicant shall annually submit a letter to the City attesting to the occupancy of the mobile home. STANDARD CONDITIONS OF APPROVAL: 1. 2. 3. 4. 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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit. 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. Page 6 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU -11-02 ccf.doc 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. 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. 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. 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 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 prior to issuance of any building permits. 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 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. 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 Page 7 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU-l1-02 ccf.doc 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 submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be detennined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department. " The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. 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 pennits or certificate of Occupancy, whichever occurs first. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 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. 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. 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. 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. 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. 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 Page 8 of 11 K:\P1anning Dept\Eag1e Applications\CU\2002\CU-11-02 ccf.doc 20. 21. 22. 23. approved by the Commission and/or Council. 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. 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. 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 City Council approval date). 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 December 18, 2002. 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 January 28, 2003. 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 January 23, 2003. Requests for agencies' reviews were transmitted on December 20, 2002 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 March 4,2003. 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 25, 2003. 3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit application (CU-ll-O2) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed conditional use permit is in accordance with the Eagle City Code because: The proposed conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for the R-4 (Residential) zoning district since a mobile home occupied by a family member is allowed upon a parcel in which a single-family dwelling currently exists provided that a conditional use permit is approved by the Page 9 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU-11-02 ccf.doc City Council as outlined in Section 8-3-2 (E) of eagle City Code; 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 since the site will not be changing substantially from that which currently exists on the site; 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 site is currently improved with a single-family dwelling and a mobile home which is similar to other uses in the area; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is currently being used as a single-family dwelling and a mobile home that are characteristic of the surrounding neighborhood; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services as noted is responses received by agencies providing the public 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 site is a continuation of a previously approved use; 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 uses that are not expected to deviate from typical residential activity; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares as previously approved for the site; and 1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on this site. 4. 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. Page 10 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU-l1-02 ccfdoc DATED this 8th day of April 2003. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Nancy C. Merrill, Mayor ATTEST: Sharon K. Moore, Eagle City Clerk Page 11 of 11 K:\Planning Dept\Eagle Applications\CU\2002\CU-11-02 ccf.doc DATED this 8th day of April 2003. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ~,~ , \L ~(9t?K- Sharon. Moore, Eagle City CI rk ~~~'" """"'" ~" 41 OF b " ~, ~." Q<1 ',#. ~, Cì~ ..""'... () ~ ~ ~. ..~ ~ I l o~POR-1 :.. "<Þ '\ : : v -r~ \ , =*. . : : : -.- : * : . ~ S .. \ .ft \:<'-0 EAL ¡¡ ¡ .. "':.. . :.t' ' . "" '\.,..' ...J>ORA~<\)... 0 .: ", "1:r ........ ~ ~", """,1; OF l~ ~"", "".......,., Page 11 of 11 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\CU\2002\CU-11-O2 ccf.doc