Findings - CC - 2018 - CU-03-17/PPUD-02-17/PP-02-17 - Cup, Preliminary Development Plan & Preliminary PlatBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REQUEST FOR RECONSIDERATION BY
EAGLE SINGLE FAMILY, LLC PERTAINING
TO A CONDITIONAL USE PERMIT,
PRELIMINARY DEVELOPMENT PLAN,
AND PRELIMINARY PLAT FOR FELDSPAR
PLANNED UNIT DEVELOPMENT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-17/PPUD-02-17/PP-02-17
On November 28, 2017, the City Council approved the findings of fact and conclusions of law associated
with CU-03-17/PPUD-02-17/PP-02-17, for a conditional use permit, preliminary development plan, and
preliminary plat for Feldspar Planned Unit Development for Eagle Single Family, LLC. As part of the
approval Site Specific Condition of Approval #7 addressed the required setbacks for the development. The
City Council required setbacks consistent with the R-4 (Residential) zoning district as required pursuant to
Eagle City Code Section 8-2-4. The site specific condition of approval also restricted the residential
dwellings to not exceed single -story (20 -feet maximum height).
The above entitled request for reconsideration by Eagle Single Family, LLC, pertains to a reduction of the
aforementioned required setbacks and height limitation. The request for reconsideration came before the
City Council for their consideration on December 12, 2017. The City Council approved the request for
reconsideration to be heard at a public hearing.
A public hearing, associated with the request for reconsideration, came before the City Council for their
action on December 12, 2017, at which time public testimony was taken and the public hearing was closed.
The City Council having heard and taken oral and written testimony, and having duly considered the
manner, makes the following findings of fact and conclusions of law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Request for reconsideration of CU-03-17/PPUD-02-17/PP-02-17, by Eagle Single Family, LLC,
represented by Mark Butler, with Land Consultants, Inc.
The request is to modify the setbacks from what is required for the R-4 (Residential) zoning
district to the following:
Front 15 -feet, 20 -feet to front load garage and 15 -feet to side load
Rear 15 -feet
Side 5 -feet
Maximum Coverage 60%
The residential dwellings shall not exceed single -story (20 -feet maximum height)
Lot 20 is permitted to have a minimum width of 66 -feet
The 3.44 -acre site is located on the east side of North Taylor Street approximately 950 -feet north
of the intersection of West State Street and North Taylor Street at 368 North Taylor Street.
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B. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on November 28, 2017. Notice of this public hearing was mailed to property owners
within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on November 27, 2017. The site was
posted in accordance with the Eagle City Code on December 1, 2017.
C. HISTORY OF PREVIOUS ACTIONS:
On November 14, 2017, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plan for Feldspar Planned Unit Development for Eagle Single
Family, LLC. (CU-03-17/PPUD-02-17/PP-02-17)
On November 28, 2017, the City Council approved the findings of fact and conclusions of law
associated with the Feldspar Planned Unit Development for Eagle Single Family, LLC. (CU-03-
17/PPU D-02-17/PP-02-17 )
D. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Pierre Gaudreau, date stamped by the city on December 4, 2017.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted February 15, 2015), designates this site as the following:
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An allowable
density of up to 4 units per 1 acre.
Chapter 13 — Implementation
13.3 Special Implementation Techniques For Development within the City Limits
C. Planned Unit Development Ordinance (PUD) is one of many devices used to implement a
comprehensive plan. A developer of a PUD may be allowed variations in development
requirements, if it is in the City's interest to encourage such a development.
D. PUD regulations are intended to encourage innovations in land development techniques so
that the growing demands of the community may be met with greater flexibility and variety
in type, design, and layout of sites and buildings and by the conservation and more efficient
use of open spaces and of other natural environmental features which enhance the quality of
life.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
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Zoning Maximum Front Rear Interior
District Height Side
IR -4 1135'
20'
25'
17.5' 1
Street Maximum Minimum Minimum
Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
20'
140% 118,000 1170' I
8-2-4(G):
All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development (PUD) so as to
provide an enhanced integration of open space and a variety of housing options, the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be
allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any "offsetting increase" being added, shall be the area that is
equal to ten percent (10%) of the site. This allowance shall only be permitted under the
following criteria:
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
D. DISCUSSION:
• The reconsideration request being requested by the applicant are regarding reduced setbacks.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to
conform to the closest compatible setbacks within the base zone identified in Eagle City Code
Section 8-2-4. The required setbacks within the R-4 (Residential) zone are as follows:
Front 20 -feet
Rear 25 -feet
Side 7.5 -feet
Street Side 20 -feet
Maximum Coverage 40%
The applicant has indicated within the provided narrative, date stamped by the city on April 21,
2017, that the market is trending towards a single level home design. The narrative further states,
to accommodate the development's large open spaces and anticipated home buyer desired single
level floor plan space programming, that they are requesting reduced building setbacks as allowed
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by the PUD process. The site plan, date stamped by the city on April 21, 2017, shows two (2)
architectural styles of proposed residential dwellings to be located within the development. Both
architectural styles reflect single -story construction. It also appears that the applicant may be
proposing to construct a specific residential product utilizing a contemporary/prairie architectural
style. The proposed setbacks noted on the preliminary plat/preliminary development plan, date
stamped by the city on April 21, 2017, are as follows:
Front 15 -feet, 20 -feet to front load garage and 15 -feet to side load
Rear 15 -feet
Side 5 -feet (additional 5 -feet for second story)
Street Side Not Applicable
Maximum Coverage 60%
PUBLIC HEARING OF THE COUNCIL
A. A public hearing on the application was held before the City Council on December 12, 2017, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the applications was presented to the City Council by one individual (not
including the applicant/ representative) who provided a petition signed by several adjacent property
owners supporting the applicant's request for reduced setbacks provided the residential dwellings
would not exceed a single -story in height.
C. Oral testimony in opposition to the applications was presented to the Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve the reconsideration for CU-03-17/PPUD-02-17/PP-02-17 for Feldspar
Subdivision for Eagle Single Family, LLC, with site specific condition of approval #7 to be amended with
underline text to be added by the Council as shown below:
* Note: All site specific conditions of approval (with the exception of #7) and standard conditions of
approval remain valid as provided in the City Council's findings of fact and conclusions, dated November
28, 2017.
7. The required setbacks shall be as follows:
Front 15 -feet, 20 -feet to front load garage and 15 -feet to side load
Rear 15 -feet
Side 5 -feet
Street Side Not Applicable
Maximum Coverage 60%
The residential dwellings shall not exceed single -story (20 -feet maximum height).
Lot 20 is permitted to have a minimum width of 66 -feet.
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this proposed reconsideration and has
determined that the changes to Site Specific Condition of Approval #7 approval herein remain in
compliance with Eagle City Code in all respects. The Council reaffirms the conclusions of law provided
within their findings of fact and conclusions of law document dated November 28, 2017.
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DATED this 9th day of January, 2018
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
•
i
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City !Clerk
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