Findings - CC - 2016 - RZ-08-14MOD - Da Mod For 6 Lots To Share Driveway/.88 Acre/135 W. Floating Feather Rd15 W all] R ill
14KIRI N 011110 1 o] DUR t4UM11. 13 E, 50 M 0
The above -entitled development agreement modification (development agreement in lieu of a PIUD)
application came before the Eagle City Council for their action on July 26, 2016. The 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:
11. PROJECT SUMMARY:
•
jayo Development, Inc., represented by Shawn Nickel with SLN Planning., is requesting a
fevelopment agreement modification to modify the conditions of development relating to setbacks
and to allow access to six (6) lots from a shared common driveway. The .88 -acre site is located on
the south side of West Floating Feather Road at 135 West Floating Feather Road.
The development agreement modification application was received by the City of Eagle on April
14,2016.
July 4, 2016. Notice of this public hearing was mailed to property owners within three hundred
M" tqt
Idaho Code and Eagle City Code on June 30, 2016. The site was posted in accordance with the
Eagle City Code on July 15, 2016.
On April 14, 2015, the City Council approved a comprehensive plan map amendment to change
the land use designation from Residential Four to Mixed Use and rezone from R-4 (Residential) to
MU -DA (Mixed Use with a development agreement) (CPA -04-14 & RZ-08-14).
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ION �Ea W 121 14��S ill JilluM I i
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (CPA -04-14/ RZ-
08-14) and their correspondence is attached to the staff report and is incorporated herein by
refe i .
I'll -1 IN
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K Wanning Dept\Eagle Apphcafion%\RZ&AU014\KZ4&l4 MOD Jayo =Hoc
COMP PLAN
ZONING
DESIGNATION
DESIGNATION
Re s iden t ia I Four
R-4 (Residential)
Vacant parcel
Mixed Use
MU -DA (Mixed Use with a
Six (6) single-family patio
development agreement in
homes
L li eu of a PUD)
North of site
Transitional RIII esidential
RUT (Rural -Urban
Single-family residence and
Transition— Ada County
agriculture
designation)
South of site
Residential Four
R-4 (Residential)
Clear Creek Crossing
J[
Subdivision
East of site
Mixed Use
MU -DA (Mixed Use with a
Dentist office
development agreement)
Residential Four
R-4 (Residential)
L.
Clear Creek Crossing
Subdivision
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K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (CPA -04-14/ RZ-
08-14) and their correspondence is attached to the staff report and is incorporated herein by
refe i .
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K Wanning Dept\Eagle Apphcafion%\RZ&AU014\KZ4&l4 MOD Jayo =Hoc
.................. ..
UffnfKEAEASfT_E_tL_A!V /UIF7
PROPOSAL:
0 A Comprehensive Plan Map Amendment (CPA -04-14) was approved for the site. The Comprehensive
Plan Map was amended from Residential Four to Mixed Use.
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreemen)
process, see specific planning area text for a complete description. An allowable density of up to 20
units per I acre.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1(J):
Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed within
any subdivision.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
MEIX�M
Front 25 -feet
Rear 15 -feet
Side 5 -feet (Lot 1, 1 0 -feet located adjacent tote west boundary) (additional 5 -feet per story,
measured tote second story)
3.7 Owner shall comply with Eagle City Code, Title 9, Land Subdivisions, regarding the type of streel
providing access to the future lots located within the development.
0 The applicant is requesting a development agreement modification to modify Condition of
Development #3.5 to reduce the required side yard setback for a two-story structure from ten -feet (10')
to five -feet (Y). The applicant is also requesting to modify Condition of Development #33 to allow
the six (6) proposed residential lots to be served by a shared common driveway in lieu of a public
street.
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K Ttamng DcpNUWc ApplicationsMIZ&AV014\RZ-08-14 NIOD Jayo aci'dw
Minimum Lot
Width
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1(J):
Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed within
any subdivision.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
MEIX�M
Front 25 -feet
Rear 15 -feet
Side 5 -feet (Lot 1, 1 0 -feet located adjacent tote west boundary) (additional 5 -feet per story,
measured tote second story)
3.7 Owner shall comply with Eagle City Code, Title 9, Land Subdivisions, regarding the type of streel
providing access to the future lots located within the development.
0 The applicant is requesting a development agreement modification to modify Condition of
Development #3.5 to reduce the required side yard setback for a two-story structure from ten -feet (10')
to five -feet (Y). The applicant is also requesting to modify Condition of Development #33 to allow
the six (6) proposed residential lots to be served by a shared common driveway in lieu of a public
street.
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K Ttamng DcpNUWc ApplicationsMIZ&AV014\RZ-08-14 NIOD Jayo aci'dw
Front 25 -feet
Rear 15 -feet
Side 5 -feet (Lot 1, 10 -feet located adjacent to the west boundary) (additional 5 -feet per story,
measured to the second story)
Maximum lot coverage 60%
The sub9ect site is bordered on the south (rear) by two (2) residential lots and on the west by one (1)
residential lot and a common lot. The residential lots located adjacent to the site are located within an
R-4 (Residential) zoning district and are a minimum of I 00 -feet in width. The adjacent properties have
a required minimum side yard setback of 7.5 -feet for single -story structures and 12.5-fect for two-story
ctructures. As proposed there will be minimum of three (3) homes bordering each of the residential lots
located south of the proposed development. Based on the density of the development, the size of the
lots of the adjacent developmerII and the required side setbacks for structures located in the adjaceni
fevelopment staff is not supportive of reducing the side yard setback from ten -feet (10') to five -fee!
(5') for two-story structures.
The applicant's request to modify Condition of Development #3.7 to allow the six (6) proposed lots to
be served by a shared common driveway is not consistent with the requirements of Eagle City Code,
Eagle City Code Section 9-3-2-l(J) states that a maximum of two (2) dwelling units may be allowed to
take access from a driveway. The properties located adjacent to the subject site are fully developed and
no connectivity to the subject parcel was provided. The applicant has submitted a preliminary plat for
Featherglen Subdivision, date stamped by the City on April 15, 2016, which shows a shared common
driveway which provides access from West Floating Feather Road. The access point to West Floating
Feather Road is located approximately at the midpoint of the subject property. The driveway portion
providing access to the lots runs east to west intersecting with the access to West Floating Feather
Road. Each leg of the shared driveway providing access to the residential lots is approximately 100 -
feet in length each direction from the access point. Staff will defer to Council regarding the applicant's
request to allow access for six (6) residential lots from a shared common driveway.
STAFF
Based on the information provided to staff to date, staff recommends Condition of Development #3.5 no!
be modified. Staff will defer to Council regarding the modification of Condition of Development #3.7 to
allow the six (6) residential lots to be served by a shared common driveway.
PUBLIC HEARING OF THE COUNCIL:
A. A Public hearing on the application was held before the City Council on July 26, 2016, at which time
public testimony was taken and the public hearing was closed. The Council made their decision at thal
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by one individual
who indicated a concern regarding the five-foot (Y) wide setback allowance for two-story structure�
and the possibility of parking on the common shared driveway may be a concern for the fir.�
department. The individual also indicated that although parking is not pen-nitted on the common
shared driveway the fire department and police department cannot enforce the no parking limitation
because the common shared driveway is private.
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K Tinning Dept\Engle Application&VaAA`,,;,'wi4=09-14 MOD layo ccfdai:
The Council voted 2 to 2 (Bastian and Kunz against, Mayor Ridgeway in favor) to approve RZ-08-14
MOD for a modification to Conditions of Development #3.5, 3.7 and 3.8, for n Development,
underline text to be added by the Council and strike through text to be deleted by the Council:
Front 25 -feet
Rear 25 -Feet
Side 5 -feet (Lot I, 10 -feet located adjacent to the west boundary)
The Council reviewed the particular facts and circumstances of this proposed rezone modification
08-14 MOD) 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 rezone is in accordance with the
City of Eagle Comprehensive Plan and established goals and objectives because:
cThe requestedzoningdesignation1 DA(MixedUse witha development!
consistenta PUD) is _ Mixed _ land usedesignation
Use Map, /
b. The infon-nation provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all
uses allowed on this property under the proposed zone, and;
c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use
to the north since the subject property is separated from the property to the north by West Floating
Feather Road (minor arterial) and the property to the north may be developed with residential uses,
#'
d. ne proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R4 (Residential) zone and land use to the south since that area is developed
with a residential subdivision, and;
c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the R-4 (Residential) zone and land use to the west since that area is developed
with a residential subdivision, and;
The proposed ! ! Use with a development of a elf!zone is
compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the
cast since that area is developed with a light intensity commercial use (dentist office), and;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan, however, the applicant will be required to comply with Eagle City
Code, Title 10, Flood Control, for all proposed development on the site, and;
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K'1Planaing DcptTASIc Applicalions •AU0141RZ•68-14 AIOD ]ayo ccrdoc
h. There are no existing structures on the site. Therefore, no nonconforming uses are expected to be
created with this rezone.
smdlflmmcm�= ��
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
aa 4 OF E140
Stan Rijigew'ay, Mayor
0 Rj %
ATTEST: a aw 0 MW .6 E
S AL
�i Nrk'
Sharon'K. Bergmann, Eagle I
C.
88060610
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request
regulatory taking analysis. N
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