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Minutes - 2023 - Planning & Zoning - 09/05/2023 - RegularTHE CITY OF EAGLE PLANNING AND ZONING COMMISSION September 5, 2023 Minutes 1. CALL TO ORDER: Meeting called to order at 6:05 p.m. 2. ROLL CALL: Present: WRIGHT, MCLAUGHLIN, SMITH. Absent: GUERBER, MCAULEY. 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 August 21, 2023. (ELL) B. Findings of Fact and Conclusion of Law for the Approval of RZ-11-22/CU-13-22/PPUD-07- 22/PP-17-22 — Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Gora Estates Subdivision — Roth Ryczkowski, LLC: Roth Ryczkowski, LLC, represented by Ryan Wallace, is requesting a rezone from A-R (Agricultural -Residential) to R-1-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Gora Estates Subdivision (re -subdivision of Lot 2, Block 1, Sulik Subdivision), a 6-lot (4-buildable, 2-common) residential planned unit development. The applicant is also requesting waivers of the required open space, sidewalks, curbs and gutters. The 4.7- acre site is located on the north side of West Beacon Light Road approximately 1,285-feet east of the intersection of North Hartley Road and West Beacon Light Road at 6390 West Beacon Light Road. (MJW) C. Findings of Fact and Conclusions of Law for the Approval of A-04-23/RZ-05-23/PP-05-23 — Annexation, Rezone, and Preliminary Plat for Hevostila Subdivision — Criterion Land Management: Criterion Land Management, represented by Nicolette Womack, with Kimley-Horn, is requesting annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R-3- DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Hevostila Subdivision, a 38-lot (32-buildable, 6-common) residential subdivision. The 12.14-acre site is located on the south side of East Floating Feather Road approximately 355-feet west of the intersection of North Falling Water Avenue and East Floating Feather Road at 2385 East Floating Feather Road. (MJW) D. Findings of Fact and Conclusion of Law for the Approval of A-05-23/RZ-07-23 — Annexation and Rezone from RR (Rural Residential — Ada County Designation) to PS (Public/Semipublic) — City of Eagle: The City of Eagle, is requesting annexation and rezone from RR (Rural Residential — Ada County designation) to PS (Public/Semipublic) for three (3) BLM parcels (Parcel Nos. S0328141800; 120-acres, S0327223200; 160-acres, and S0322315200; 400-acres). The parcels are generally located at State Highway 16 approximately 2,500-feet northeast of the intersection of State Highway 16 and West Equest Lane. The land will remain under the ownership and stewardship of the Bureau of Land Management (BLM). (DLM) E. Findings of Fact and Conclusion of Law for the Approval of PP-04-23 — Preliminary Plat for Ambrosia Garden Subdivision — Steven Ricks and Susanne Ricks Family Trust: Steven Ricks and Susanne Ricks Family Trust, represented by Anna B. Canning with Centurion Engineers, Inc., is requesting preliminary plat approval for Ambrosia Garden Subdivision, a 6-lot (6-buildable) Page 1 of 4 KAP&LMINUTES\Temporary Minutes Work AreatPZ-09-05-23 min 2.doc commercial subdivision. The 3.45-acre site is located at the northwest corner of State Highway 44 and North Park Lane at 101 North Park Lane. (MJW) McLaughlin moves to approve the consent agenda as presented. Seconded by Smith. ALL AYE... MOTION CARRIES. UNFINISHED BUSINESS: None. PUBLIC HEARINGS: ALL P UBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS. A. CU-08-23 — Request for Waivers of Setbacks and Dimensional Lot Standards — Brain Haack: Brian Haack is requesting conditional use permit approval for a waiver of setbacks and dimensional lot standards to facilitate the construction of a 2,000-square foot accessory structure on Lot 14, Block 1 of Los Luceros Acres Subdivision. The 4.4-acre site is located at the southern terminus of East Los Luceros Drive at 565 East Los Luceros Drive. (MJW) Brain Haack, 565 East Los Luceros Drive, Eagle, Idaho. Haack provides an overview of the application. City Planner, Micheal Williams provides an overview of the application. Chairman Wright opens the public hearing. Haack provides more insight to reasoning for proposed application. Planner Williams offers clarification of setbacks. Chairman Wright closes the public hearing. Smith motions to approve CU-08-23 — Request for Waivers of Setbacks and Dimensional Lot Standards — Brain Haack. Seconded by McLaughlin. ALL AYE... MOTION CARRIES. B. CU-09-23 — Conditional Use Permit for a Waiver of Eagle City Code — Susan and David Lehner: Susan and David Lehner are requesting conditional use permit approval for a waiver of Eagle City Code Sections 8-3-5(A)(1) and 8-3-3(B)(2) to facilitate the construction of an accessory structure and privacy wall within the street side yard area on Lot 11, Block 1, Canterbury Subdivision No. 2. The 1.99-acre site is located on the southeast corner of the intersection of West Champagne Drive and North Clarendon Way at 2453 West Champagne Drive. (MJW) Susan and David Lehner, 2453 West Champagne Drive, Eagle, Idaho. Lehner provides an overview of the application. City Planner, Micheal Williams provides an overview of the application. Chairman Wright opens the public hearing. Carl Henley, 2369 West Champagne Drive, Eagle, Idaho. Henley opposes the application, and expresses concerns related to the proposed application becoming an auxiliary dwelling unit. Nicole Cromwell, 2961 West Dorchester Drive, Eagle. Cromwell supports the application and addresses the allowance of short-term rentals in the neighborhood. Lehner responds to questions raised during the public hearing. Chairman Wright closes the public hearing. McLaughlin moves to approve CU-09-23 — Conditional Use Permit for a Waiver of Eagle City Code — Susan and David Lehner. With the site -specific conditions on page 4 and adding an additional site -specific condition with the verbiage from City Planner, Micheal Williams regarding the fence and the standard conditions of approval starting on page 9. Page 2 of 4 KAP&Z\MINUTES\Temporary Minutes Work Area\PZ-09-05-23 min 2.doc Seconded by Smith. ALL AYE... MOTION CARRIES. NEW BUSINESS: None. REPORTS: A. Commission: Smith will not be in attendance for the first Commission meeting in October. McLaughlin will not be in attendance for the first Commission meeting in October as well. Chairman Wright will not be in attendance for the second meeting of October. B. City Attorney: None. C. Staff. City Planner, Williams gives brief overview of schedules regarding upcoming meetings. ADJOURNMENT: Chairman Wright moves to adjourn. Seconded by McLaughlin. ALL AYE... MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 7:03 p.m. Page 3 of 4 KAP&Z\MINUTES\Temporary Minutes Work Area\PZ-09-05-23 min 2.doc RESPECTFULLY EMILY V(0,(�KECLERK E MEETING APPROVED: TRENT WRIGHT, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 4 of 4 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-09-05-23 min 2.doc rrr�lr�� WAIVER OF SETBACKS AND DIMENSIONAL LOT STANDARDS CU-08-23 Eagle Planning and Zoning Commission September 5, 2023 City staff: Mike Williams, CFM, Planner III Phone: (208) 939-0227 E-Mail: Project Summary Brian Haack is requesting conditional use permit approval for a waiver of setbacks and dimensional lot standards to facilitate the construction of a 2,000-square foot accessory structure on Lot 14, Block 1, Los Luceros Acres Subdivision. The 4.4-acre site is located on the south side of the terminus of Los Luceros Drive at 565 East Los Luceros Drive. r L J� 1T� LVLJ Site Data Issues of Special Concern • There is an existing structure located approximately 55-feet from the front property line. Within the A-R zoning district, Eagle City Code Section 8-2-4 requires a minimum front setback of 60-feet. • Eagle City Code Section 8-2-4 requires a minimum lot area of 4.7- acres within the A-R zoning district. The lot contains 4.4-acres. Site Specific Conditions of Approval 1. The front setback shall be 55-feet (minimum) for the existing accessory structure (barn) only. All future additions to existing structures, and new structures shall be in conformance with Eagle City Code Section 8-2-4. 2. The interior side setback associated with the northern property line shall be a minimum of 20-feet for the proposed accessory structure identified within this application only. All future additions to existing structures, and new structures shall be in conformance with Eagle City Code Section 8-2-4. 3. The applicant shall obtain a building permit prior to the construction of the proposed accessory structure. 4. The applicant shall submit payment to the City for all engineering fess and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City, whichever occurs first. Staff Recommendation If the conditional use permit is approved, staff recommends the site specific conditions of approval on of the Staff Report and standard conditions of approval on of the Staff Report. Planning Commission Recommendation On November 21, 2022, the Eagle Planning and Zoning Commission voted 3 to 0 (Guerber & McCauley absent) to recommend �i`r;txa of CU-15-22 with the site -specific conditions of approval, and standard conditions of approval beginning on page 6 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. End of Presentation Site Specific Conditions of Approval 1. The front setback shall be 55-feet (minimum) for the existing accessory structure (barn) only. All future additions to existing structures, and new structures shall be in conformance with Eagle City Code Section 8-2-4. 2. The interior side setback associated with the northern property line shall be a minimum of 20-feet for the proposed accessory structure identified within this application only. All future additions to existing structures, and new structures shall be in conformance with Eagle City Code Section 8-2-4. 3. The applicant shall obtain a building permit prior to the construction of the proposed accessory structure. 4. The applicant shall submit payment to the City for all engineering fess and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City, whichever occurs first. Comprehensive Plan Map Designation & Zoning Map Designation CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET CU-08-23 — Request for Waivers of Setbacks and Dimensional Lot Standards — Brain Haack: Brian Haack is requesting conditional use permit approval for a waiver of setbacks and dimensional lot standards to facilitate the construction of a 2,000-square foot accessory structure on Lot 14, Block 1 of Los Luceros Acres Subdivision. The 4.4- acre site is located at the southern terminus of East Los Luceros Drive at 565 East Los Luceros Drive. (MJW) September 5, 2023 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON J� 1T� LVLJ 2453 W Champagne Drive: Proposed Accessory Structure + Privacy Wall Request for: Conditional Use Permit approval for a waiver of Eagle City Code Section 8-5-5(A)(1) and 8-3-3(B)(2) to facilitate construction of an accessory structure and privacy wall within the street -side yard area of our home located at 2453 W Champagne Drive. Applicants: Susan and David Lehner, Homeowners HOA approved [✓I 1 About Our Site: 2453 W. Champagne Drive • Corner lot: Champagne Drive at Clarendon • Single-family dwelling built in 1999 • —1.985 acre lot • —3300 Square feet • Pool • Garden shed and chicken coop • Septic field Community path runs behind the property • Culverts along streets • Mature landscape throughout site 2 1 i. - �, �;, %`" .�.. ., �4 , '• .�,:. , ,,, � r ?s.. }i4ryy 7��.' .,�. %� ��" �� ' � f' . . ;�v 4 v� } - F � 5 a:_ �, _ 1 , �. 1 •may > �, 1� _ __.. ,T --- -� _ _... --� ,,,_ J� 1T� LVLJ Looking east on Clarendon 2453 W Champagne Drive 3 - ; / u, . t� a� r�. f K p ,•'• ,� ' � a: �V .`� 7�+, �"Jk'i� Y i�,��''� ,R �1:. � Via• � �,_'�'•i ��. - iFl Ze a e-_ J/ 1Y/ LV L J E From across our backyard (from south property line) looking north 4� 4 c }r a+c 10 5 What we want to build: Detached garage + privacy wall � champagne Ot`ve HOA approved DI GARAG'J5TU010 ADDITION Held neighbor meeting D 4' TAt1 PRNACY W 0 EMSTING HOUSE TO R[MA1N—� s m m iU N o al POOL ([T PATIO 4 S 11 Marked site for Neighborhood Meeting !. � i � ' _✓eft' •� 1 to property 12 Garage and privacy wall details i m North facing— W Champagne (mailing address) 0 o ❑+ m �� �+ m West facing - Clarendon 13 • 1390 gross square feet • Garage = 1015 sq ft feet Studio = 375 sq ft • 9' garage doors (not RV) • 4' high privacy wall • Connect house to detached garage/ create a courtyard • Hide trash cans • Help ensure people don't go to our mudroom door/back yard thinking it is the front door. Positioned well within setback requirements co Detached Garage { 67' from W Champagne cAxAGE�s>'uolo Il AGMTN • 99' feet from back fence ADDMO• Across the property t--�— 153' from Clarendon Privacy Wall • > 67' from W Champagne % EXISTING MOUSE TO REMAIN-�.� • > 99' feet from back fence d Across the property f6 —140 from Clarendon p (E) POOL N M PATIO W •— E S 14 7 So why a CUP approval for a waiver...? ruMliiiii 15 N ...because the garage/studio addition overlaps the house. Since we are a corner lot, this triggers the need for a CUP. Note: CUP would NOT have been needed needed if.• • A breezeway connected the house to the detached garage, or • If the detached garage was pushed behind the house Why not just build breezeway, or push it back? Breezeway doesn't work • Not functional given house layout • Not visually appealing —too clunky Pushing it back is suboptimal • Minimize disruption to existing utilities • Minimize disruption to mature landscape • Maintain > distance from community path Form and Function Utilize existing driveway • Minimize concrete jungle • Breaks up long expanse; adds interest • Added privacy • Hide trash cans • No other place for it (e.g. Septic field) 16 J/ 1' / LV LJ 17 From Clarendon -44 Proposed accessory bldg. Septic field M- MUM vi all ANA, 18 9 From across our backyard (from south property line) Septic field $ 21 From the community path �y r Proposed accessory bldg. 22 r� Proposed accessory bldg. W�A J� 1'T( LVLJ In harmony with the neighborhood h' e ,..oak --.. 23 •84ChampagneDrive Corner of Chaucer and Champagne — 3 Garage Bays (2 RV) �F X OEM • f - y ,� "j� f Tom.. �- ��a •. a � + ��5� �•�\ 24 12 harmonyIn •• ••• ,Q •, R ��, ` � w g`ti ;. ' �,l4sY,2�waf. � - h ':1�. L✓ 2 ry �- ��'. 1 ,� 4 _ ��Y•\ �. • 'Ifs f I �^ :'„ �.:. ^' """•�� yII � �r y �4 -'� 1 .. 1'4 k 3 yam• A yy L� _ � _ yN �+Js 25 In summary: BJ o ❑❑❑ North facing — W Champagne (mailing address) 0 West facing - Clarendon 26 • We want to build a detached garage w/ studio and half - bath • Well -designed, works well with mature landscape The proposed location is optimal for the site: • Avoid gas / power lines • Minimize concrete jungle • Maintain mature landscaping • Privacy/ Steer people away from mudroom door • Hide trash cans HOA approved I 13 This is our forever home Investing in our home and our community at large 27 71' m 2453 W Champagne Drive: Proposed Accessory Structure + Privacy Wall Applicants: Susan and David Lehner, Homeowners 28 m 14 BACK UP 29 What we want to build: Privacy wall details N WE S 30 • The applicant has proposed a 4-foot-tall privacy wall within the street side yard area. Pursuant to Eagle City Code Section 5-3-3(B)(2), new fencing located on the street side of all corner lots shall be an open fencing style such as wrought iron, or other similar sec through, decorative, durable fencing material. The applicant is requesting a waiver of this code section. 15 or 1 I WAIVER OF EAGLE CITY CODE t r,, SECTIONS 8-3-5 (A) ( 1) AND 8-3 k �* 3(B)(2) ,"L�; lv' CU-09-23 Eagle Planning and Zoning Commission September 5, 2023 City Staff: Mike Williams, CFM, Planner III Phone: (208) 939-0227 E-Mail: Project Summary Susan and David Lehner are requesting conditional use permit approval for a waiver of Eagle City Code Sections 8-3-5(A)(1) and 8-3-3(B)(2) to facilitate the construction of an accessory structure and privacy wall within the street side yard area on Lot 11, Block 1, Canterbury Subdivision No. 2. The 1.99-acre site is located on the southeast corner of the intersection of West Champagne Drive and North Clarendon Way at 2453 West Champagne Drive. Vicinity Map Site Plan Site Data Issues of Special Concern • Accessory structure located within the street side yard area. • Open style fencing is required on the street side of all corner lots. Site Specific Conditions of Approval 1. The location of the proposed accessory structure, depicted in the site plan date stamped by the City on July 17, 2023, is approved. �1 2. The applicant shall obtain a building permit prior to the construction of the proposed accessory structure. 3. All future structures and additions to existing and future structures shall be in conformance with Eagle City Code. 4. The applicant shall submit payment to the City for all engineering fess and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City, whichever occurs first. Staff Recommendation f If the conditional use permit is approved, staff recommends the site specific conditions of approval on a gee.41 of the Staff Report and standard conditions of approval on of the Staff Report. Planning Commission Recommendation On September 5, 2023, the Eagle Planning and Zoning Commission voted 3 to 0 (Guerber & McCauley absent) to recommend -inrwn eye of CU-09-23 with the site -specific conditions of approval, and standard conditions of approval beginning on page 6 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. Site Specific Conditions of Approval 1. The location of the proposed accessory structure, depicted in the site plan date stamped by the City on July 17, 2023, is approved. 2. The applicant shall obtain a building permit prior to the construction of the proposed accessory structure. 3. All future structures and additions to existing and future structures shall be in conformance with Eagle City Code. 4. The applicant shall submit payment to the City for all engineering fess and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City, whichever occurs first. 5. The proposed courtyard fence as shown on the Site Plan date stamped by the City on July 17, 2023, is approved. 11 12 CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET CU-09-23 — Conditional Use Permit for a Waiver of Eagle City Code — Susan and David Lehner: Susan and David Lehner are requesting conditional use permit approval for a waiver of Eagle City Code Sections 8-3-5(A)(1) and 8-3-3(B)(2) to facilitate the construction of an accessory structure and privacy wall within the street side yard area on Lot 11, Block 1, Canterbury Subdivision No. 2. The 1.99-acre site is located on the southeast corner of the intersection of West Champagne Drive and North Clarendon Way at 2453 West Champagne Drive. (MJW) September 5, 2023 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON