Findings - PZ - 2023 - CU-08-23 - Los Luceros Acres - Conditional Use Permit for a Waiver of Eagle City Code Section 8-2-4 Regarding Setbacks and Dimensional Lot Standards BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A WAIVER )
OF EAGLE CITY CODE SECTION 8-2-4 )
REGARDING SETBACKS AND DIMENSIONAL )
LOT STANDARDS FOR BRIAN HAACK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-08-23
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on September 5, 2023, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission 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:
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.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on March 29, 2023, in compliance with
the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on May 19,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 6, 2023, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65,Idaho Code and the Eagle City Code on August 4,2023.Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67,Chapter 65,Idaho
Code and Eagle City Code on August 4, 2023. The site was posted in accordance with the Eagle
City Code on August 22,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 21, 2000, the Eagle City Council approved A-01-00, annexing the Los Luceros Acres
Subdivision into the City of Eagle.
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
D
EExisting Estate Residential A-R(Agricultural- Single-family
S Residential) dwelling
IU,Proposed No Change No Change Accessory structure
N
North of Estate Residential A-R(Agricultural- Single-family
Rsite Residential) dwelling
b South of Single-family
site Estate Residential R-E(Residential-Estates) dwelling
F ast of site Estate Residential R-E(Residential-Estates) Single-family
dwelling
()West of site Estate Residential R-E(Residential-Estates) Single-family
dwelling
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS:
The site consists of a single-family dwelling and a detached accessory structure (barn) used for
the storage of agricultural equipment. The detached accessory structure encroaches into the
required front setback by approximately 5-feet.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.7-acres(minimum
4.4-acres lot area within the A-
R zoning district)
Percentage of Site Devoted to
Building Coverage 3.13% 10%(maximum)
Percentage of Site Devoted to
Landscaping N/A N/A
Number of Parking Spaces 6(including 2 covered) 2 (minimum)
Front Setback(measured from the
property line coterminous with the 55-feet 60-feet(minimum)
cul-de-sac)
Rear Setback(southern property line) 30-feet 30-feet(minimum)
Side Setback(northern property line) 20-feet 30-feet(minimum)
Side Setback(western property line) 30-feet 30-feet(minimum)
Side Setback(eastern property line) 30-feet 30-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing a single-story structure totaling 2,000-square feet. The structure will
be used for the storing of agricultural equipment, automobiles, trailer, and other tools or
equipment.
Height and Number of Stories of Proposed Buildings:
The applicant has indicated the height of the proposed structure is to be approximately 30-feet.
Gross Floor Area of Proposed Buildings:
The structure is proposed to total 2,000-square feet for the above-described use.
On and Off-Site Circulation:
The site takes access from Los Luceros Drive by way of a single driveway located at the terminus
of Los Luceros Drive.
L. PUBLIC SERVICES AVAILABLE:
The site is served by an individual well and septic system.
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M. PUBLIC USES PROPOSED:None.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees — Yes, located around the principal dwelling and surrounding the site along the
property lines.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Historic Preservation Commission (HPC): All comments within the HPC email dated June 6,
2023,are of special concern(attached to the staff report).
R. LETTERS FROM THE PUBLIC:None received to date.
S. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular-facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
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;
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.
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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 public thoroughfares;and
I. Will not result in the destruction, loss or damage of a natural,scenic or historic-feature of
major importance.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the
following:
Estate Residential
A single-family residential area transitioning between agriculture and conventional residential
uses. Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and
horticulture uses are encouraged. Density may be limited due to the limited availability of
infrastructure and roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND
RESTRICTIONS:
A-R AGRICULTURAL-RESIDENTIAL DISTRICT: To provide for the transition of
agricultural land no longer used for extensive agricultural purposes into residential areas,
while preserving agricultural uses compatible with residential development. Gross density
shall not exceed one single-family dwelling unit per five(5)acres.
• Eagle City Code Section 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Zoning Lot (Acres Or Minimum
District Maximum Interior Street Covered F Square Lot
Height Front Rear Side Side And J* Feet)H* Width I*
A-R 35' 60' 30' 30' 45' 10% 4.7-acres 100'
*-4-,i"C.''Y...'twa9 e,-,k, 4..4».° .,9Y""t,
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• Eagle City Code Section 8-7-3-: PURPOSE AND INTERPRETATION OF CONDITIONAL
USE:
C. 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.
C. DISCUSSION:
• The applicant is requesting the following reductions to the required setbacks: 1.) the interior
side setback associated with the northern property line, reducing the required setback from
30-feet to 20-feet. 2.) The front setback, reducing the required setback from 60-feet to 55-
feet.
• Additionally, the applicant is requesting a waiver of the minimum lot area requirement
described within Eagle City Code Section 8-2-4, reducing the minimum lot area from 4.7-
acres to 4.4-acres.
PUBLIC HEARING OF THE COMMISSION(Public Hearing AudioNideo Record):
https://eagle-id.granicus.com/player/clip/1781?meta id=86939
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 5, 2023, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-08-23 a waiver of Eagle City Code Section
8-2-4 regaring setbacks and dimensional lot standards,with the following staff recommended site specific
conditions of approval and standard conditions of approval:
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 fees 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.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department,including but not limited to approval of the drainage system,curbs,
gutters,streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement,and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
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Occupancy,whichever occurs first.
9. Encroachments including,but not limited to,landscaping, fencing,lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the fmal plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and
1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy,whichever occurs first.
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15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any
change from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
(CU-08-23) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses"
and has concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-7-3-1(C)
since waivers (with the exception of use) of Eagle City Code Section 8-2-4 regarding setbacks
and dimensional lot standards are permitted with the approval of a conditional use permit;
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), (as shown within
the findings provided within this document), since there are no inconsistencies with the
Comprehensive Plan and since waivers (with the exception of use) are permitted with a
conditional use permit, and the applicant will be required to meet conditions of approval required
herein;
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 since the proposed accessory structure will be
utilized for a shop and the storage of farm equipment;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed
accessory structure will be located within a residential lot of an existing subdivision and the
proposed accessory structure will only be utilized for a shop and the storage of farm equipment;
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, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
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, since the applicant will
bear all costs of development;
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, since the proposed accessory structures
use is not expected to generate any 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 public thoroughfares since the transportation system has been found
to be adequate by ACHD;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since the applicant is not proposing to remove any trees and there are no scenic or
historic features of major importance on the site.
2. In accordance with Eagle City Code 8-7-3-1(C), the Commission concludes that the waiver of Eagle
City Code Section 8-2-4 regarding the setback waiver for the existing barn and proposed accessory
structure is justified based on the following: 1)the structures will not impact any adjacent residential
lots since the existing barn was constructed pursuant to the required setbacks in effect at the time of
construction; 2) The applicant is not proposing to remove any trees located within the site; therefore,
the proposed new accessory structure will be screened from the adjacent property; and 3)The waiver
of the lot dimensional standards is justified based on the size of the existing lot has not been altered
since the subdivision was originally platted.
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3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 18th day of September,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
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Trent Wright, Chairman
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