Findings - CC - 2018 - RZ-03-15 MOD 2 - Modification To The Rezone Development Agreement, To Modify Side And Rear Yard SetbacksBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION (DEVELOPMENT
AGREEMENT IN LIEU OF A PUD)
FOR BRENT LANE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-03-15 MOD2
The above -entitled development agreement modification (development agreement in lieu of a PUD)
application came before the Eagle City Council for their action on July 10, 2018, 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 matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Brent Lane, is requesting a modification to the rezone development agreement (Instrument #2016-
091680) associated with the approved Crestpoint Place Subdivision. The request is to modify the side
and rear yard setbacks identified in Condition of Development 3.9 of the executed development
agreement (Instrument #2016-023967). The 7.74 -acre site is located on the west side of S. Edgewood
Lane approximately 1,290 -feet north of E. State Street at 103 S. Edgewood Lane.
B. APPLICATION SUBMITTAL:
The application for this request was received by the City of Eagle on June 15, 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 23, 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 21, 2018. The site was posted in accordance with the Eagle City Code on June 26,
2018.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 28, 2015, the City Council approved a Comprehensive Plan Map amendment from Residential
Three to Mixed Use and a rezone from A (Agricultural) to MU -DA (Mixed Use with a development
agreement [in lieu of a PUD]) for JLG-5, LLLP (CPA-03-15/RZ-03-15).
On December 15, 2015, the City Council approved a development agreement modification for JLG-5,
LLLP (RZ-03-15 MOD).
On April 28, 2016, the Eagle City Council approved a design review application for the common area
landscaping within Crestpoint Place Subdivision (DR -20-16).
On June 28, 2016, the City Council approved the final plat for Crestpoint Place Subdivision for
Northside Management (FP -03-16).
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On May 7, 2018, the Crestpoint Place Subdivision final plat was recorded at the Ada County
Recorder's Office.
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Compact Residential MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
Proposed No Change
North of site Downtown
South of site Compact Residential
East of site Compact Residential
West of site Public/Semi-Public
No Change
A (Agricultural)
R-4 (Residential)
R-4 (Residential)
PS (Public/Semipublic)
LAND USE
Single -Family Residential —
(Crestpoint Place
Subdivision)
No Change
Single-family Residence
and Agriculture
Single -Family Residential
(Empire Estates
Subdivision)
Single -Family Residential
(Edgewood Estates and
Patterson Subdivisions)
School (Eagle Academy)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 7.74 -acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON -CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (CPA -03-15/ RZ-
03-15) and their correspondence is attached to the staff report and is incorporated herein by
reference:
Ada County Highway District
Eagle Fire Department
L. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
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*
JMU 1135' 1 17.5' J J20' 1150% 115,000 1150'
B. DISCUSSION:
20'
20'
• The applicant is requesting to modify the approved setbacks contained within zones SB -2 and SB -
3, as identified on Exhibit "E", associated with condition of development #3.9 of the executed
development agreement (Instrument #2016-023967). Areas SB -2 and SB -3 are located internally
within the subdivision. The lots located within the aforementioned areas are alley loaded. A few of
the homes located within the subject Tots are designed to have rooftop patios and a small room
(third story) associated with a patio area (as shown on Exhibit "D" of the executed development
agreement).
• The applicant is requesting to reduce the rear yard setback from 10 -feet to 5 -feet. The applicant is
also requesting a side setback of 3 -feet for up to 3 -stories in height.
The approved setbacks for the SB -2 and SB -3 areas are as follows:
SB -2
SB -3
Front 15 -feet
Rear 10 -feet
Side 3 -feet (Up to two -stories)
Street Side 10 -feet
Maximum Lot Coverage 75%
Front 5 -feet
Rear 10 -feet
Side 3 -feet (Up to two -stories)
Street Side 10 -feet
Maximum Lot Coverage 75%
The proposed rear setback of 5 -feet will discourage parking in front of the garage (due to the
narrow width), however, it will provide sufficient room for the placement of solid waste
receptacles, preventing encroachment into the alley.
In regard to the 3 -foot side setback for up to 3 -stories, the setbacks were approved based on the
architectural design of the homes proposed within the development. The development agreement
contains an exhibit (Exhibit "E") showing elevations of the architectural style of the homes. One
of the elevations shows a home with 3 -stories. The elevation shows the enclosed area of the third
story covers approximately 20 -percent of the home footprint. The enclosed area of the third story
should not exceed 20 -percent (maximum 400 -square -feet) of the building footprint.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff recommends the following setbacks:
SB -2
SB -3
Front 15 -feet
Rear 5 -feet
Side 3 -feet (third story shall not exceed 20 -percent [maximum 400 -square -
feet] of the building footprint)
Street Side 10 -feet
Maximum Lot Coverage 75%
Front 5 -feet
Rear 5 -feet
Side 3 -feet (third story shall not exceed 20 -percent [maximum 400 -square -
feet] of the building footprint)
Street Side 10 -feet
Maximum Lot Coverage 75%
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 10, 2018, at which time
public testimony was taken and the public hearing was closed. The Council made their decision at that
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 this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by two (2) individuals who indicated they have a concern with reducing the setbacks for
buildings located in proximity to the stream located adjacent to the site.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-03-15 MOD2 for a modification to Condition of Development
#3.9, for Brent Lane, with Condition of Development #3.9 to read as follows with underline text to be
added by the Council:
3.9 The required setbacks shall be as follows (Exhibit E):
SB -1
SB -2
Front 15 -feet Living/30-feet Garage
Rear 15 -feet
Side 3 -feet (Up to two -stories)
Street Side 10 -feet
Maximum Lot Coverage60%
Front 15 -feet
Rear 5 -feet
Side 3 -feet (third story shall not exceed 20 -percent
[maximum 400 -square -feet] of the building
footprint)
Street Side 10 -feet
Maximum Lot Coverage 75%
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SB -3
SB -4
SB -5
Front 5 -feet
Rear 5 -feet
Side 3 -feet (third story shall not exceed 20 -percent
[maximum 400 -square -feet] of the building
footprint)
Street Side 10 -feet
Maximum Lot Coverage 75%
Front 5 -feet (Access from Private Drive)
Rear 15 -feet
Side 3 -feet (Up to two -stories)
Maximum Lot Coverage 60%
Front 30 -feet
Rear 15 -feet
Side 15 -feet (Additional 5-feet/story)
Street Side 15 -feet
Maximum lot coverage 35%
The front elevation of the residential units located within areas SB -2 and SB -3 shall be varied to
Prevent duplicate elevations. The front setback within areas SB -2 and SB -3 shall be varied so the
residential units do not create a row house appearance.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
03-15 MOD2) 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:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement in lieu of
a PUD) is consistent with the Mixed Use land use designation on the Comprehensive Plan Land
Use Map, and
b. The information 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 A (Agricultural) zone and land use to the north since the subject property is
separated from the property to the north by East Hill Road (collector) and the property to the north
may be developed with a similar use; and
d. 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 south since that area is developed
with a residential subdivision and the proposed development will have a large common area and
two (2) residential lots located adjacent to the southern property line; and
e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone is
compatible with the PS (Public/Semipublic) zone and land use to the west since that area is
developed with a school; and
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f. 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 east since the subject property is
separated from the property to the east by South Edgewood Lane (collector) and the property to the
east is developed with a residential subdivision; and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone.
DATED this 24"> day of July, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayo
ATTEST:
A_
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Sharon 'C. Bergmann, Eagle City Clerk
it. ;Planning I>epi I
OV EAG
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