Findings - CC - 2024 - CU-12-17 MOD/PPUD-06-17 MOD - Brookway Sub. No. 4 CUP & PPUD MOD RequestBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT/
PRELIMINARY DEVELOPMENT PLAN
MODIFICATION FOR BROOKWAY
SUBDIVISION NO. 4 FOR BILTMORE
COMPANY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-12-17 MOD/PPUD-06-17 MOD
The above -entitled conditional use permit/preliminary development plan modification application came
before the City Council for their action on May 14, 2024. The 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:
Biltmore Company is requesting a conditional use permit/preliminary development plan
modification to permit a reduced side yard setback for a two-story structure located on Lot 16,
Block 6, Brookway Subdivision No. 4. The request is to reduce the side yard setback of a two-
story structure from 10-feet to 7.5-feet. The .39-acre site is located at 2805 North Synergy
Avenue, Eagle ID 83616.
B. APPLICATION SUBMITTAL:
The application for this item were received by the City of Eagle on March 29, 2024.
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
April 26, 2024. Notice of this public hearing was mailed to property owners of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on April 26, 2024. The site was posted in accordance with the Eagle City Code on May 3,
2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 13, 2018, the City Council approved an annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement —
PUD), conditional use permit, preliminary development plan, and preliminary plat for Brookway
Subdivision(A-02-17/RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17).
On March 10, 2020, the City Council approved a final development plan and final plat for
Brookway Subdivision No. 4 (FPUD-09-19 and FP-14-19).
On January 26, 2024, the City of Eagle Building Department issued a permit for a new home on
Lot 16, Block 6 Brookway Subdivision No. 4. (#234038).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Residential Two
R-2-DA-P (Residential
with a development
agreement)
Single -Family Residential
Subdivision
(Brookway Subdivision)
Proposed
No Change
No Change
No Change
North of site
Residential Two
R-2-DA-P (Residential
with a development
agreement)
Agriculture
South of site
Residential Two
R-3-DA-P (Residential
with a development
agreement — PUD)
Single -Family Residential
Subdivision
(Lilac Springs Subdivision)
East of site
Residential Two
R-2-DA-P and R-3-DA-P
(Residential with a
development agreement —
PUD)
Single -Family Residential
Subdivisions
(Beaconwood Subdivision
and Lanewood Subdivision)
West of site
Residential Two
R-2-DA-P (Residential
with a development
agreement)
Single -Family Residential
Subdivision
(Stags Crossing
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA (for Brookway Subdivision):
Total Acreage of Site — 61.34-acres
Total Number of Lots — 122
Residential — 105
Commercial — 0
Industrial — 0
Common — 17
Total Number of Units - 105
Single-family — 105
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
1.71-dwelling units per
acre
1.71-dwelling units per acre
(as limited within the
development agreement)
Minimum Lot Size
16,838-square feet
17,000-square feet
(minimum)
Except that a decrease of
minimum lot size in a
subdivision may be allowed
if there is an offsetting
increase of the same
percentage in open space
and a planned unit
development is applied for
and approved) - per ECC
Section 8-2-4 (G). An
offsetting increase of the
same percentage in open
space has been provided.
Minimum Lot Width
84-feet
75-feet
Minimum Street Frontage
35.5-feet
35-feet
Total Acreage of Common Area
12.66-acres (not inclusive
of the planter strip area)
12.27-acres minimum
Percent of Site as Common Area
20.6%
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require additional
public and/or private park or
open space facilities in
PUDs or in subdivisions
with 50 or more lots.
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE CONDITIONAL
PERMIT/PRELIMIANRY DEVELOPMENT PLAN MODIFICATION:
See applicant's justification letter, date stamped by the City on March 29, 2024 (attached to the
staff report).
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-02-17/RZ-05-
17/CU-12-17/PPUD-06-17/PP-06-17) and their correspondence is attached to the staff report:
Ada County Highway District
Andeavor (formerly known as Tesoro NW Pipeline)
Boise River Flood Control District #10
Central District Health Department
Community Planning Association of Southwest Idaho (COMPASS)
Eagle Fire Department
Idaho Department of Environmental Quality
Idaho Transportation Department
New Dry Creek Ditch Company
Republic Services
L. LETTERS FROM THE PUBLIC (attached to the staff memo dated May 9, 2024):
Email correspondence received from Becky Strand, dated May 7,2024
Email correspondence received from Bhushan and Laurie Taravade, dated May 7,2024
Email correspondence received from Bill and Carol Koran, dated May 7, 2024
Email correspondence received from Brian Dutchover, dated May 7, 2024
Email correspondence received from Gina Rogers, dated May 7, 2024
Email correspondence received from Jason and Stefani Payne, dated May 7, 2024
Email correspondence received from Liz Williams-Itterly and Brian Itterly, dated May 7, 2024
Email correspondence received from Martin and Maria Rios, dated May 7, 2024
Correspondence received from Mike and Marlee Fischnaller, date stamped by the City on May 7,
2024
Email correspondence received from Rodger Borge, dated May 7, 2024
Email correspondence received from Scott O'Briant, date stamped by the City on May 7, 2024
Email correspondence received from Timothy and Brianne Sullivan, dated May 7, 2024
Email received from Tracy and Kalima Moses, dated May 7, 2024
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
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 Requirements for
the required R-2 (Residential) zone:
Zoning
District
Maximum Interior
Height (Front Rear Side
R-2 ; 35' 30' I30' 1 10'
Street
Side
20'
Maximum Lot
Covered F And
J*
40%
Minimum Lot
Area
(Acres Or
Square Feet)
H*
Minimum
Lot
Width I*
17,000 j 75'
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B. DISCUSSION:
• The applicant is requesting approval to reduce the interior setback requirement of a
constructed two-story structure located within Lot 16, Block 6, Brookway Subdivision No. 4.
The request is to reduce the side yard setback from 10-feet to 7.5-feet. Approval of the
modification would allow the framed home to remain at the current location within the
property. Staff will defer to the Council regarding the applicant's request.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record [Granicus time
00:51:15] https://eagle-id.granicus.com/player/clip/1877?meta_id=94970) :
A. A public hearing on the application was held before the City Council on May 14, 2024, 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 the application was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition of the application was presented to the City Council by five (5)
individuals who indicated the following concerns:
• Everyone should be required to conform to the previously approved setbacks.
• Biltmore Company was aware that based on the location of the foundation the constructed
dwelling would not be in conformance with the required setbacks; however, they proceeded with
construction.
• As constructed, the home is not harmonious with other homes located within the subdivision.
• Biltmore Company should have known better since they constructed other homes within the
development.
• They are not pleased with the location of the constructed two-story home upon the subject
property.
• Biltmore Company should be required to conform to the required setbacks.
• While the adjacent neighbor may not be affected due to no windows being located on the
elevation located closest to the property line, the location of the home does impact all of those in
the neighborhood since it is not harmonious with other two-story structures due to the proximity
to the side property line.
• The subject home is located too close to the sidewalk.
• The applicant was aware the proposed home was too close to the side property line prior to
pouring the foundation.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, if the requested conditional use permit/preliminary
development plan modification is approved, staff recommends site specific condition of approval #8 be
modified to read as shown within the staff report.
COUNCIL DECISION:
The Council voted 4 to 0 to deny CU-12-17 MOD/PPUD-06-17 MOD for a conditional use permit
modification and preliminary development plan modification to reduce the interior setback requirement of
a constructed two-story structure located on Lot 16, Block 6, Brookway Subdivision No. 4 for Biltmore
Company.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use
permit/preliminary development plan modification (CU-12-17 MOD/PPUD-06-17 MOD) and based
upon the public testimony and information provided the Council concludes that the proposed
conditional use permit modification and preliminary planned unit development modification is not in
accordance with Eagle City Code, Title 8 (Zoning) because the lot is less than 90-feet in width and
the original application was approved with a reduction of side yard setbacks for single -story and two-
story structures for lots less than 90-feet in width. As constructed, the two-story structure is not in
conformance with the approved reduced setbacks. Also, the Council determined the lot has adequate
depth which would have allowed for the dwelling to be constructed closer to the rear of the lot;
therefore, the two-story structure could have been set back farther to allow for the structure to be
constructed in conformance with the required setbacks. Furthermore, based on the proposed location
of the dwelling, the Council determined the constructed two-story structure would not be harmonious
with other residential dwellings located within the subdivision due to the setback being further
reduced.
DATED this 1 lth day of June 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
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Tracy E. Osborn, le ity Clerk
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