Minutes - 2023 - Planning & Zoning - 05/01/2023 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
May 1, 2023
Minutes
1. CALL TO ORDER: Meeting called to order at 6:00 p.m.
2. ROLL CALL: Present: WRIGHT, GUERBER, MCLAUGHLIN, SMITH, MCCAULEY. A
quorum is present.
3. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS.
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will
be no separate discussion on these items unless the Chairman, a Commissioner, member of City
Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items
removed from the Consent Agenda will be placed on the Regular Agenda in a sequence
determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle
shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval
motion unless specifically stated otherwise.
A. Minutes of April 17, 2023. (MJR)
B. Findings of Fact and Conclusions of Law for the Approval of A-12-22/RZ-14-22/PP-21-22
—Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision —
Challenger Development, Inc: Challenger Development, Inc., represented by Becky McKay
with Engineering Solutions, LLP, is requesting annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in
lieu of a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a PUD]), and
preliminary plat approvals for Cascade Springs Subdivision, a 470-lot (400-buildable, 70-
common) residential subdivision. The 138.99-acre site is located on the west side of North Palmer
Lane approximately 80-feet south of the intersection of West Nordic Drive and North Palmer
Lane at 755 and 833 North Palmer Lane. (DLM)
C. Findings of Fact and Conclusions of Law for the Approval of RZ-04-17 MOD2 & PP/FP-01-
22 — Development Agreement Modification and Combined Preliminary and Final Plat for
Bronco Acres Subdivision — Mustang Crossing Eagle, LLC: Mustang Crossing Eagle, LLC,
represented by Stephanie Hopkins with KM Engineering, LLP, is requesting a development
agreement modification and combined preliminary/final plat approvals for Bronco Acres
Subdivision (a re -subdivision of a portion of Lots 1 and 9, and all of Lot 4, Block 2, Flint Estates
Subdivision), an 8-lot (7-commercial, 1-residential/flex space) mixed use subdivision. The 9.84-
acre site is located at the northeast corner of North Park Lane and State Highway 44. (MJW)
City Planner, Matthew Rumsey, requests that item 3A be remanded to staff.
McLaughlin moves to approve the consent agenda as presented, and remand item 3A,
Minutes of April 17, 2023 to staff. Seconded by Guerber. ALL AYES... MOTION
CARRIES.
UNFINISHED BUSINESS: NONE.
PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTIONITEMS.
A. CU-02-23 — Building Height Exception and Waivers of Front Setback and Accessory
Dwelling Unit Maximum Square Footage — Greg Andersen: Greg Anderson, represented
by Jay Gibbons, is requesting conditional use permit approval for an accessory building height
exception to 32-feet, 1.5-inches, waiver of the accessory dwelling unit (ADU) maximum square
Page 1 of 3
K:\PSZ\MINUTES\Temporary Minutes WorkArea\PZ-05-01-23min.doc
footage, and a front setback waiver. The .7 -acre site is located on the northwest corner of
South Parkinson Street and East Dunyon Street at 2344 East Dunyon Street. (MJW)
Jay Gibbons, 2002 South Vista, Boise, ID, the applicant's representative. Gibbons provides an
overview of the application and responds to questions from the Commission.
City Planner, Mike Williams, provides an overview of the application and responds to
questions from the Commission.
Chairman Wright opens the public hearing.
The applicant's representative addresses comments raised during the public hearing and
provides rebuttal.
Chairman Wright closes the public hearing.
Discussion amongst the Commission.
McLaughlin moves to recommend approval CU-02-23 — Building Height Exception and
Waivers of Front Setback and Accessory Dwelling Unit Maximum Square Footage —
Greg Andersen with the standard conditions of approval and site -specific conditions of
approval with the following changes:
• Strike site specific condition #3
• Keep site specific condition #7
• Site specific condition #6: allow the applicant to have the condition as presented.
• Site specific condition #8 as provided by staff with this addition: provide picture
frame fencing for Parkinson north of the existing residence if desired.
• Site specific condition #11: new accessory dwelling will have same shingling and
color of the existing dwelling.
• Site specific condition #5: Height will be limited to 27.1 to get closer to the required
25-feet.
McLaughlin amends the motion to include a condition to obtain approval of a fence
permit.
Seconded by Guerber. ALL AYES... MOTION CARRIES.
6. NEW BUSINESS: None.
7. REPORTS:
A. Commission: Commissioner Smith provides comment.
B. City Attorney: The City Attorney will be absent from the May 15 meeting.
C. Staff: Planner Williams forecasts the next meeting.
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES.
Page 2 of 3
K:\P8Z\MINUTES\Temporary Minutes Work Area\PZ-05-01-23min.doc
Hearing no further business, the Commission meeting adjourned at 7:04 p.m.
RESPECTFULLY SUBMITTED:
MATTHEW J. RUMSEY
CLERK OF THE MEETI G
APPROVED: /
TRENT WRIGHT,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.0 ITYOFEAGLE.ORG.
Page 3 of 3
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-05-01-23min.doc
CITY OF EAGLE - PLANNING & ZONING COMMISSION
CU-02-23 — Building Height Exception and Waivers of Front Setback and Accessory Dwelling Unit
Maximum Square Footage — Greg Andersen: Greg Anderson, represented by Jay Gibbons, is requesting
conditional use permit approval for an accessory building height exception to 32-feet, 1.5-inches, waiver of
the accessory dwelling unit (ADU) maximum square footage, and a front setback waiver. The .7 -acre site is
located on the northwest corner of South Parkinson Street and East Dunyon Street at 2344 East Dunyon
Street. (MJW)
May 1, 2023
NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON
LD�C_
3 �� (� L_ 1�19L1�"r7n 5�
j
`�
5/24/2023
•:
Conditional Use Permit for an accessory building requiring waiver
requests
l ' >
0.7 acres
Zoned R-4
. $�
•:•
Located on Northwest corner of E. Dunyon St & S. Parkinson St.
d e�
approximately 515 feet north of Highway 44
•
:•
Lot contains a residence, a metal shed and 2 types of perimeter
fencing (6' chainlink and 6' wood)
•
•:
ECC 8-7-3-1 allows exceptions or waivers of standards through
issuance of a conditional use permit
•:•
Waivers requested:
•:• Front Setback —existing porch extends into E. Dunyon St.
setback
•:• Proposed Accessory Building exceeds height limit in R-4 district
— 25' max, 32'-1.5" is proposed
•:• Accessory Dwelling Unit on second floor of proposed accessory
building exceeds the 800 sf max. Proposed is 1000 sf
1
SETBACK
WAIVER
• PORCH/FRONT OF HOUSE— 13.3 feet
• HOME COMPLIED WITH SETBACK WHEN
CONSTRUCTED, BUT ASOME POINT THE
PORCH WAS BUILT IN CREATING AN
ECROACHMENT. DATE UNDETERMINED,
BUT PREVIOUSTO CURRENT OWNER.
• PHOTOS FROM 2007, 2011 & 2021
SHOW UPDATES TO FACADE
ADU SQ. FEET
• ARCHITECTURAL PACKAGE AS
SUBMITTED INDICATES:
• ADU OCCUPIES FRONT 1/2 OF
BUILDING ABOVE THE 2-CAR
GARAGE.
• REAR HALF OF BUILDING IS RV
HEIGHT GARAGE/SHOP
• DORMER ON FRONT SIDE OF ROOF
CAPTURES NATURAL LIGHT INTO THE
ADU LIVING SPACE.
• 1,000 SF GROSS LIVING SPACE EQUATES
TO 887 SF LESS THE STAIRS AND WALLS
BUILDING
HEIGHT
• CODE ALLOWS 25' MAX
• CODE REQUIRES ACCESSORY BUILDING
TO BE CONSISTENT WITH EXISTING
RESIDENCE, MATERIALS, ETC.
• ALTERNATIVE ROOF PITCH STUDYTO
ILLUSTRATE REDUCING THE PITCH
REDUCESTHE PEAK HEIGHT.
• IT IS FEASIBLE TO ALMOST HIT 25' MAX,
BUT LESSENS THE CONSISTENCY WITH
THE EXISTING RESIDENCE.
• ALL OTHER BUILDING MATERIALS
MATCH AS PROPOSED.
LANDSCAPE
PLAN
TURF IN PARKWAY STRIPS -ACHD
SEEPAGE BEDS EXCLUDE TREES
STREETTREES IN PLANTING BED
BETWEEN SIDEWALK AND RESIDENTIAL
LOT
TREES & TURF IN 12' LANDSCAPE
EASEMENT
TREES & TURF IN PARKWAY ON SOUTH
SIDE OF E. SYRINGA CT.
• ALL AMENITIES ON EAST SIDE OF
SUBDIVISION AT TERMINUS (VERY LOW
TRAFFIC CONFLICT
FENCING
• EXISTING CHAINLINK FENCE TO BE
REPLACED IN ITS ENTIRITY:
• 6' WROUGHT IRON ON DUNYAN
FRONTAGE `
M'
• 4' WROUGHT IRON ON DUNYON
FRONTAGE IN FRONT OF
RESIDENCE AND ON PARKINSON ST
TO A PONT INLINE WITH THE FACE
OF THE RESIDENCE
• 6' WOOD FENCE FROM FACE OF
BUILDING TO REAR PROPERTY LINE
ON PARKINSON BE ALLOWED TO
REMAIN, BUT UPDATED TO RELECT
CODE ALLOWANCE FOR PICTURE
FRAME APPEARANCE PER EASD
BOOK
• 6' SOLID VINYL PICTURE TYPE ON
WEST SIDE AND NORTH SIDE
vir
1N
ANDERSEN CONDITIONAL USE PERMIT
CU-02-23
Eagle Planning and Zoning Commission Public Hearing
May 1, 2023
City Staff: Michael Williams, CFM, Planner III
Phone: 939-0227
E-Mail:
Project Summary
Greg Andersen, represented by Jay Gibbons, is requesting conditional
use permit approval for an accessory building height exception to 32-
feet, 1.5-inches, waiver of the accessory dwelling unit (ADU) maximum
square footage, and a front setback waiver.
Vicinity Map:
The .7-acre site is located on
the northwest corner of South
Parkinson Street and East
Dunyon Street at 2344 East
Dunyon Street.
Site Data
SITE DATA
Total Acreage of Site
Percentage of Site Devoted to Building Coverage
Percentage of Site Devoted to Landscaping
Number of Parking Spaces
Front Setback
Rear Setback
Side Setback
Street Side Setback
w
T � W �I
is -
i� nt r �
` tr ,
PROPOSED
REQUIRED
Site
Layout
Eagle City Code Sections
ECC 8-7-3-1: Purpose and Interpretation of Conditional Use
Exceptions or waivers of standards within Title 8 or Title 9, other than
use, inclusive of the subject matter addressed by Section 8-7-4-2 or
Section 9-6-3 "Variances" may be permitted through issuance of a
conditional use permit.
ECC 8-2-4: Schedule of Building Height and Lot Area for R-4 Zone
Zoning Maximum Minimum Yard Setbacks Maximum Minimum Lot Area I Minimum
District Height Note ConditionsA To E• Lot (Acres Or Square Lot Width
Front Rear Interl., Street
Covered F Feet) H' I'
Side Side
And 1'
0' 40% 8,000 70,
Eagle City Code Sections
ECC 8-3-5: Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on surrounding
land uses. The following performance standards for such unique land uses shall be adhered to in
addition to all other provisions of this title:
A. Accessory Structure:
3. Accessory structures two hundred (200) square feet in area or larger shall comply with
the minimum setbacks as required in section 8-2-4 of this title and shall be limited to a
maximum height of twenty five feet (25'). Accessory storage buildings located within the
R-E zoning district shall be limited to a maximum height of thirty feet (30'). Accessory
structures located within the A and A-R zoning districts shall be limited to a maximum
height of thirty five feet (35');
4. The placement and use of any shipping/cargo container, railroad cars, truck vans,
converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and
similar prefabricated items and structures as an accessory structure or living unit is
prohibited;
Eagle City Code Sections
U. Accessory Dwelling Units:
2. The maximum size of the accessory dwelling shall be as follows:
Lot Size Accessory Dwelling Unit Maximum Size
17,000 square feet to 39,999 square feet 800 square feet
Note:
6. All accessory dwelling units require a zoning permit to be issued prior to the issuance of a building
Permit.
9. Exterior design of the accessory dwelling unit will be compatible with the principal residence on the
lot and not detract from the single-family appearance of the lot or obscure and confuse the front entrance
of the principal structure.
Conditional Use Permit:
8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES:
A. 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, or section 8-7-3-1(C) of this chapter, or as may otherwise be established by this title;
B. 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);
C. 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;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. 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 be able to provide adequately any such services.
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;
G. 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;
H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding
00 public thoroughfares; and
1. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major importance.
Issues of Special Concern:
Contractor's Yard
• Accessory Structure Maximum Height (25-feet).
• Accessory Dwelling Unit Maximum Square Footage (800-SF).
• Front Setback Waiver for Enclosed Front Porch.
• Solid Wood Fence located adjacent to East Dunyon and North
0' Parkinson Street.
• Six foot (6') foot chainlink fence located adjacent to East Dunyon
Street.
• Carport connect to the existing accessory structure. (Building
Permit)
Solid Wood Fence located adjacent to East Dunyon
and North Parkinson Street.
OWN -*-
Six foot (6') foot chainlink fence located adjacent to East Dunyon Street.
Carport connect to the existing accessory structure. (Building Permit)
s � �
Staff Recornmen"a
• If the Commission chooses to recommend approval of the application, staff recommends the following conditions
included in your staff report:
3. The minimum front setback of the principal residential dwelling shall be 13.3-feet.
4. The applicant shall obtain a zoning permit from the City of Eagle Planning and Zoning Department prior to the
issuance of a building permit (ECC 8-3-5 [U][6] and 8-7-2[A]).
5. Provide revised architectural drawings showing the peak of the roof to not exceed 25-feet in height.
The revised architectural drawings shall be provided prior to issuance of a zoning certificate. (8-3-5[A])
6. Provide a revised architectural drawing showing the accessory dwelling unit not to exceed 800 square feet in
size. The revised architectural drawing shall be provided prior to submittal of a building permit application. (8-
3-5[U][2])
7. The front setback shall be 13.3-feet for the existing enclosed front porch only. All future additions to the
existing home or new structures shall be in conformance with Eagle City Code Section 8-2-4.
8. Provide a revised Site Plan showing all the existing 6-foot wooden fence located adjacent to North Parkinson
Street and East Dunyon Street replaced with a 4-foot high wrought iron fence. The revised Site Plan shall be
provided at the time of submittal of a fence permit application. The existing solid wood fence shall be removed
prior to the issuance of a zoning certificate. (ECC 8-3-3[B][1 and2])
9. The applicant shall replace the existing 6-foot-high chain link fence located along East Dunyon Street with a 6-
foot-high wrought iron fence prior to the issuance of a building permit.
10. The applicant shall either remove the carport connected to the existing accessory structure or obtain a building
permit for the carport prior to submittal of a building permit application for a second accessory structure.
End of Presentation
Planning and Zoning Commission Recommendation
On May 1, 2023, the Eagle Planning and Zoning Commission voted X to
X to recommend of the application with the site specific
conditions of approval, and standard conditions of approval provided
on page 13 of the Planning and Zoning Commission Findings of Fact
and Conclusions of Law.