Findings - CC - 2018 - CU-10-15 MOD/PPUD-04-15 MOD - Conditional Use Permit Modification And Pud Modification For Eaglefield Commons PudBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT
MODIFICATION AND PLANNED UNIT
DEVELOPMENT MODIFICATION FOR
EAGLEFIELD COMMONS PLANNED
UNIT DEVELOPMENT FOR PETER HARRIS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -10-15 MOD/PPUD-04-15 MOD
The above -entitled conditional use permit modification and planned unit development modification
applications came before the Eagle City Council for their action on June 26, 2018. 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:
A. PROJECT SUMMARY:
Peter Harris is requesting a planned unit development modification approval to modify the required
setbacks within Eaglefield Commons Subdivision No. 1. The 4.78 -acre site is located on the north side
of W. Escalante Drive approximately 125 -feet west of the intersection of W. Escalante Drive and N.
Linder Road.
B. APPLICATION SUBMITTAL:
The planned unit development modification request was received by the City of Eagle on June 4, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 9, 2018.
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 June 7, 2018. The site was posted in accordance with the Eagle City Code on June 15,
2018.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 5, 2006, the City Council approved an annexation, rezone with a development agreement,
conditional use, preliminary development plan, preliminary plat approvals for Eaglefield Estates II
Subdivision planned unit development(A-10-06/RZ-12-06/CU-04-06/PPUD-02-06/PP-12-06).
On June 10, 2008, the City Council approved a preliminary plat extension of time for Eaglefield
Estates II Subdivision to be valid until August 26, 2009 (EXT -06-08).
On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates II Subdivisions (EXT -13-
09).
On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates II Subdivisions to staff (EXT -13-09).
Page 1 of 7
K:1Planning DeptlEagle Applications\SUBS120151Eaglefield Commons Sub MOD ccfdoc
The approval of the preliminary plat for Eaglefield Estates II Subdivision expired on August 26, 2009.
The development agreement associated with the rezone for the Eaglefield Estates II Planned Unit
Development expired on August 21, 2014 (RZ-12-06).
On October 27, 2015, the City Council approved a development agreement modification, conditional
use permit, preliminary development plan, and preliminary plat for Eaglefield Commons Planned Unit
Development, for The Preserve, LLC (RZ-12-06 MOD/CU-10-15/PPUD-04-15/PP-10-15).
On April 28, 2016, the executed Amended and Restated Development Agreement associated with RZ-
12-06 MOD was recorded (Ada County instrument #2016-035522).
On February 25, 2016, the Design Review Board approved a design review application for the
common area landscaping within Eaglefield Commons Subdivision for The Preserve, LLC (DR -03-
16).
On April 26, 2016, the City Council, approved a final development plan and final plat for Eaglefield
Commons Subdivision No. 1 for The Preserve, LLC (FPUD-02-16/FP-04-16).
On October 10, 2016, a staff level design review application for a modification to the common area of
Eaglefield Commons Subdivision was approved (DR -03-16 MOD).
On December 13, 2016, the City Council approved a vacation of a public utility, irrigation, and
drainage easements from Lots 1 and 3-6, Block 1 within Irish Acres Subdivision (Eaglefield Commons
Subdivision) (VAC -03-16).
On December 13, 2016, the City Council approved Resolution 37-16 vacating the public utility,
irrigation, and drainage easements from Lots 1 and 3-6, Block 1, within Irish Acres Subdivision
(Eaglefield Commons Subdivision).
On March 15, 2017, the final plat for Eaglefield Commons Subdivision No. 1 was recorded at the Ada
County Recorder's Office (Ada County instrument #2017-021666).
On January 23, 2018, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Enfield Commons Subdivision (CU-09-17/PPUD-05-17/PP-05-17).
B. COMPANION APPLICATIONS: All applications are inclusive herein.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. ZONING CODE 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 R-4
(Residential) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
1R-4 1135'
B. DISCUSSION:
20'
25'
17.5' 1120' 1150% 118,000
I I70' I
• The applicant is requesting to modify the approved setbacks of Lots 2-9, Block 2, Eaglefield
Commons Subdivision, to allow a reduction of the front yard setback to 10 -feet which will allow a
Page 2 of 7
K:\Planning Dcpt\Eaglc Applications\SUBS120151Eaglefield Commons Sub MOD cef doc
rear yard setback of 30 -feet. The approved rear yard setback associated with Eaglefield Commons
Subdivision is 20 -feet. The increased rear yard setback will provide more usability in the rear yard
for the residents and allow vehicles to be parked in front of the garage without encroaching into
the alley. The applicant is also requesting to reduce the street side setback to 10 -feet. The proposed
street side setback of 10 -feet matches the approved street side setback for Eaglefield Estates
Subdivision No. 1, which is located adjacent to the site and takes access from the same alley. Also,
since the residential dwelling located adjacent to the street (Lot 9, Block 2) will be alley loaded,
there will be no driveway providing access to the street so the proposed street side setback of 10 -
feet is consistent with other lots in proximity to the site. The remaining lots that are not alley
loaded will remain as approved.
The approved setbacks for the area zoned R -4 -DA -P (Residential with a development agreement —
PUD) within Eaglefield Commons Subdivision are as follows:
Front 20 -feet
Rear 20 -feet
Interior Side 5 -feet
Street Side 20 -feet
Maximum Coverage 40%
The proposed setbacks for Lots 2-9, Block 2, are as follows:
Front 10 -feet
Rear 30 -feet
Interior Side 5 -feet
Street Side 10 -feet
Maximum Coverage 40%
Eaglefield Commons Subdivision is located adjacent to Eaglefield Estates Subdivision No. 1. Lots
2-9, Block 2, Eaglefield Commons Subdivision, share alley access with the lots located within
Eaglefield Estates Subdivision. The approved setbacks for the alley -loaded product located within
the adjacent Eaglefield Estates Subdivision No. 1 are as follows:
Front 20 -feet*
Rear 20 -feet
Interior Side 5 -feet (additional 2.5 -feet two-story)
Street Side 10 -feet
Maximum Coverage 40%
* Every other lot is permitted a 15 -foot setback to reduce the appearance of a row house effect
adjacent to the street.
• The exhibit provided by the applicant, date stamped by the City on June 4, 2018, shows the front
property line located behind the sidewalk. Based on the applicant's request, a dwelling with a 10 -foot
setback will be located approximately 23 -feet from the street. If the applicant's request to reduce the
front yard setback is granted at 10 -feet the front of the dwellings located adjacent to the street will have
a row house appearance due to the narrowness of the lots. If the City Council approves the request to
reduce the front setback, the applicant should be required to alternate the front setbacks from 10 -feet to
15 -feet within the development to mitigate the row house appearance within the development. A 15 -
foot front setback (in place of the 10 -foot setback) on the alternating lots should still provide adequate
area to allow for a 30 -foot rear setback.
Page 3 of 7
K:1Planning Dept1Eagle Applications\SUBS 120151Eaglefield Commons Sub MOD ccfdoc
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends modifying the required setbacks
within Eaglefield Commons Subdivision No. 1 as follows:
R -4 -DA -P
Lots 2-7. Block 1, and Lots 1-2, Block 3
Front 20 -feet
Rear 20 -feet
Interior Side 5 -feet
Street Side 20 -feet
Maximum Coverage 40%
Lots 3. 5, 7. and 9, Block 2
Front 10 -feet
Rear 30 -feet
Interior Side 5 -feet
Street Side 10 -feet
Maximum Coverage 40%
Lots 1 4, 6, and 8, Block 2
Front 15 -feet
Rear 30 -feet
Interior Side 5 -feet
Street Side 10 -feet
Maximum Coverage 40%
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 26, 2018, 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 application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Council by
two (2) individuals who indicated the following:
• The driveways may be too short to allow for larger vehicles to be parked outside of the garage.
• The dwelling units should have a two (2) car garage.
• Is there an option to reduce the size of the homes?
• Provide additional parking in the driveways.
• There is no parking permitted on one side of the street which front the proposed homes.
Page 4 of 7
K:1Planning Dept\Eagle Applications\SUBS120151Eagleficld Commons Sub MOD cordon
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -10-15 MOD/PPUD-04-15 MOD for a conditional use permit
modification and planned unit development modification to modify the required setbacks within Eaglefield
Commons Subdivision No. 1 for Peter Harris, with the following staff recommended setbacks with
underline text to be added by the Council and strikethrough text to be deleted by the Council:
R -4 -DA -P
Lots 2-7. Block 1. and Lots 1-2. Block 3
Front 20 -feet
Rear 20 -feet
Interior Side 5 -feet
Street Side 20 -feet
Maximum Coverage 40%
Lots 2 9 3. 5.7. and 9. Block 2
Front No less than 10 -feet and no more than 15 -feet
Rear 30 -feet
Interior Side 5 -feet
Street Side 10 -feet
Maximum Coverage 40%
The residential dwellings shall be restricted to single -story only (maximum 25 -feet in height)
No duplicative elevations shall occur
Lets 2. 1.5. and 8. Block 2
i • ont 15 fcct
Reiff 30 feet
Interior Fide 5 feet
10 feet
Maximuni-GeveFage 10%
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
modification and planned unit development modification (CU -10-15 MOD/PPUD-04-15 MOD) and
based upon the information provided concludes that the proposed development is in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
The intent of the Eaglefield Commons PUD is to provide a development with a transition of lot
sizes, and a variety of housing types;
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The Eaglefield Commons PUD provides a variety of lot sizes and housing types to blend in with
the adjacent development and future development;
Page 5 of 7
K:IPlanning DeptlEagle Applications\SUBS120151Eaglefield Commons Sub MOD ccfdoc
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Eaglefield Commons PUD is proposed to be developed in a manner harmonious with existing and
future uses in the immediate vicinity;
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
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.
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a residential subdivision development;
e. That the development 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.
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
g.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by Eagle Sewer District, City of Eagle Water Department, or
Ada County Highway District;
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
The development plan was designed with consideration given to usable open space and pedestrian
pathways providing connectivity within the development and to adjacent properties;
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
The development will include extending one stub street from the adjacent parcel to the west, and
one new stub street to the adjacent parcel to the north, which will provide intra -neighborhood
connectivity. Access to the development will be from West Escalante Drive. The design and
construction of the roadways and entrances is guided by the Ada County Highway District;
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site;
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is consistent with the Comprehensive Plan; the property is identified as
Compact with a Residential Transition overlay and the development includes a variety of housing
types to accommodate residents with varying lifestyle needs;
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a preliminary development plan and conditional use permit
as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet
Page 6 of 7
K:Planning Dept\Eagle Applications\SUBS120151Eaglefield Commons Sub MOD ccf doc
the conditions herein. In addition, the developer will be required to submit an application for
design review and comply with all Eagle City Codes and conditions of approval of the design
review;
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development provides for a residential use in proximity to a principal arterial and provides
pathway connections to adjacent developments and the City pathway network;
DATED this 10th day of July 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City'Clerk
GLF '•,
. e•
•
U i• �'.�:
STA
,'',,„n,,,,,,
Page 7 of 7
K \Planning Dept\Eagle Applications\SUBS\2015\Eaglefield Commons Sub MOD ccf doc