Findings - PZ - 2003 - CU-11-02 - Allow A Mobile Home Occupied By Family Stay/2052/2054 Syringa St.
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
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 Planning and Zoning Comll1ission
for their recommendatioo on February 18. 2003. The Eagle Plaoning aod Zoning Collllllission having
heard and takell 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
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.
D.
HISTORY OF RELEV ANT 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
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COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DES IGNA TI ONS:
F.
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
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.)
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
G.
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 throllghout the site.
I.
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 28,195 SF (.64-acres) 8,000 SF (.18-acres) minimum
Percentage of Site Devoted to Building 1 % (approximate) 40% maximum
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
SITE DESIGN INFORMATION:
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J.
GENERAL SITE DESIGN FEATURES:
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 AVAILABLE:
A letter from the Central District Health Department states there are no objections to this
proposal. The Eagle Sewer D;srrict 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
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:
Central District Health Department
Department of Environmental Quality
Eagle Sewer District
United Water
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Q.
LETTERS FROM THE PUBLIC:
Letter from Wilson Chesnut. 1940 Syringa Street. Eagie. ID 83616. date stamped by the
City on January 30, 2003.
Letter from Leon and Tina Cunningham, 485 Conover Street. Eagle, ID 83616. done
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 e¡rcomstances of each proposed
Conditional Use in terms of the following standards and shall fmd adequate evidence vllúwing that
such use at the proposed location:
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;
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive plan andlor this title (Eagle City Code Wle 8):
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing nr intended chatacter of the general vicinity and that such
use will not change the essential character of the same area;
Will not be hazardous or disturbing to existing or future neighborhood uses;
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 he
able to provide adequately any such services.
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;
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;
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
R.
A.
B.
c.
D.
E.
F.
G.
H.
1.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH
REGARDING THIS PROPOSAL: (None)
ARE OF SPECIAL CONCERN
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zoNING ORDINANCE PROVISIONS. WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
B.
.
Eagle City Code Section 8-1-2 Mobile Home, states in part:
Designed for a long tenD 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, tbat a conditiooal use permit is applied for in accordance witb 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 1I ses
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
.
c.
DISCUSSION:
.
On May 12. 1992. the Eagle City Council approved a eond;.lonal use penmt ICl U)' II () 10
allow a manufactured home LO be constructed upon [he site wherein an ..:.\IS[l1ll:; illObd..: hOIII":.
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 tn continue the use of the mohile home to he occupied hy 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.
.
ST AFF 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 bearing on lbe application was bold before the Planning and Zoning Cumnu",un un I ,brn,"')
18, 2003, at which time testimony was taken and the puhlic 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. OroJ testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of a conditional use to continue the use of a
mobile bome for a family member(s) upon a parcel in wbich a single-family dwelling currently
exists for Dale R. Chesnut, with the foilowing staff recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Upon the mobile borne no longer being occupied by Ernest and Arlene Asmus, tbe mobile home
shall be removed from the site within ninety (90) days subsequent to the vacancy of the mobile
home.
The applicant shall annually suhmit a letter to the City attesting to the occupancy of the mohne
home.
..,
ST ANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with aU 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 tbe bigbway 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 aod water facilities is required priOt
issuance of any building permits.
All pennits 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 rhe
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
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.
The applicant shall suhmit a letter from the appropriate drainage entity approving the drainage
system andlor accepting said drainage; or snbmit a letter from a registered professional engineer
certifying that all drainage sbaB be retained on-site prior to issnance of any building pennits or
Certificate of Occupancy. whichever occurs first. A copy of the coustroction drawiog(s) shall he
submitted with the letter.
The applicant shall snbmit plans and calculations prepared by a registered professiooal eogineer 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 he constructed, or a performance hond shall be subnlilted to
the City Clerk. prior to issuance of any building permits. Tbe lot shall be so graded that all runoff
2.
3.
4.
5.
6.
7.
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runs either over the curh, or to the drainage easement, and no runoff shaH cross any lot line onto
another lot except within a drainage easement.
All design and calcnlatioos shall meet the requiremeots of Ada County Highway District.
Construction of the stonn drain disposal system shall be complete before an occupancy pennit is
issued.
No ditch. pipe or other structure or canal. for irrigation water or irrigation waste water owned by
an organized irrigatioo district, canal company, ditch association, or other irrigatioo entity, shall be
obstructed, routed, covered or cbanged in any way uoless such obstruction, rerouting, covering or
changing has first heen 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
(l) bas been made in sucb a manner tbat tbe flow of water will not be impeded or increased
beyond carrying capacity of tbe downstream ditcb; (2) will not otberwise injnre any person Of
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works ConstrUction. A copy of sucb writteo approval and certification sball be filed witb
the construction drawing and submitted to the City prior to issuance of any building permits.
Street light plans shall he suhmitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior tn issuance of any bnilding pennits or Certificate of Occupancy.
whichever occurs fiTst. All constrUction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Eogineer, for the pnrpose
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.
Parking lot light plan shall he suhmitted and approved as to the location. height and wattage hy 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 tn avoid accidents. Any
lightS used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
The parking area shall be paved and shill! be maintained in gnod condition without holes and free
of all dust, trash, weeds and other debris.
One set of building plans. for any nun single-family residential use. shall be submitted tU the Eagle
Fire Department for apprnval. 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
b.
8.
9.
10.
11.
12.
c.
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square fee~ and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Fluw rates shall inspected in accordance with all agencies
having jnrisdícrion. and shall he verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved hy the Eagle Fire
Department prior to issuance of a building permit.
d.
13.
Any recreation area, greenbelt area or pathway area along tbe Boise River, Dry Creek or any otber
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall he approved in writing by the Eagle City Pathway/Greenhelt Committee prior to
issuance of a building permit.
Conservation, recreation and river access easements (if applicable) shaH be approved by the Eagle
City Pathway/Greenbelt Cnmmittee and shall be shown on the final plat prior to issuance of a
building permit.
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.
The applicant shall obtain written approvai of tbe 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.
The applicant shall ohtain approval of the developmenl relative to Its effecls on wellands or olher
natural waterways (if applicable) from the Corps of Engineers aod the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit.
14.
15.
16.
17.
18.
Basements in the flood plain are prohibited.
The Americans with Disahilities Act. Uniform Building Cude. Eagle City Code. and all applicahle
County. State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with aU appiicabie City of Eagle Codes unless specificallY
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 andlor the Planning and Znning
Commission for review and approval.
Any changes to the plans and specifications upon which tIlis approval is hased. other than tIlose
required by tbe above conditions. will require submittal uf an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned nse of the property which is the snbject 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 suhmits application to the City of Eagle
for a change to the planned use of the subject property.
Approval of aoy Design Review sball expire without notice to tbe applicant on tbe date of
expiration of the Desigo Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
19.
20.
21.
22.
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23.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water tights. The applicant indemnifies and hnlds the City hannless 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 hy the City o£Eagle on Decemher 18. 2002.
2. Notice of Public Hearing on lbe application for lbe Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordloances on ¡aouary 28, 2003. Notice of this public hearing was mailed to property owners withio
three-hundred feet (300-feet) of the suhject 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 nn December 20, 2002 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particnlar facts and circumstances of this proposed conditional use
pennlt application (CU-lI-O2) with regard to Eagle City Code Sectioo 8-7-5 .. Action by tbe
Commission and Council", and based upon the infunnation 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
City Council as outlined in Section 8-3-2 (E) of eagle City Code;
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;
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;
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~
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;
B.
c.
D.
E.
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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;
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;
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
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,
G.
H.
1.
4. pursuant to Eagle City Code 8-7-3-5 (F), a conditional use pennit shall not he considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 3rd day of March 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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