Findings - CC - 2024 - CU-11-21 MOD/PPUD-08-21 MOD - Conditional Use Permit Modification and Preliminary Development Plan Modification for Soaring Feather SubBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT
MODIFICATION AND PRELIMINARY
DEVELOPMENT PLAN MODIFICATION
FOR SOARING FEATHER SUBDIVISION
FOR LITTLE FEATHER EAGLE, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-11-21 MOD/PPUD-08-21 MOD
The above -entitled conditional use permit modification and preliminary development plan modification
applications came before the City Council for their consideration on July 9, 2024. The applications were
continued to July 23, 2024, at which time public testimony was taken and the public hearing was closed.
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:
Little Feather Eagle, LLC, represented by Katie Miller with Bailey Engineering, is requesting
conditional use permit modification and planned unit development modification approvals to reduce
the rear yard setback from 30-feet to 20-feet within Soaring Feather Subdivision. The 17-acre site is
located approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane at
4807 West Little Feather Lane.
B. APPLICATION SUBMITTAL:
The conditional use permit modification and planned unit development modification request was
received by the City of Eagle on June 5, 2024. A revised narrative was received by the City of Eagle
on June 6, 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 June 21, 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 June 14, 2024.
The site was posted in accordance with the Eagle City Code on June 26, 2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 26, 2022, the Eagle City Council approved an annexation, rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Soaring Feather Ranch
Subdivision (A-11-21 /RZ-17-21 /CU-11-21 /PPUD-08-21 /PP-18-21).
On May 9, 2023, the City Council approved the common area landscaping within Soaring Feather
Ranch Subdivision (DR-10-23).
On November 14, 2023, the City Council approved a final development plan and final plat for
Soaring Feather Subdivision (FPUD-04-23/FP-07-23).
E. LETTERS FROM THE PUBLIC (attached to the staff report):
Email correspondence received from Dave and Carol Hovde, dated June 30, 2024.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Neighborhood
Residential w/
Transition Overlay
No Change
Neighborhood
Residential w/
Transition Overlay
Neighborhood
Residential w/
Transition Overlay
Neighborhood
Residential w/
Transition Overlay
Neighborhood
Residential w/
Transition Overlay
ZONING
DESIGNATION
RUT (Rural -Urban
Transition — Ada County
designation)
R-2-DA-P (Residential
with a development
agreement — PUD) and
R-E-DA-P (Residential -
Estates with a
development agreement
and PUD)
RUT (Rural -Urban
Transition — Ada County
designation) and
R1(Residential — Ada
County Designation)
R-2-DA-P (Residential
with a development
agreement — PUD)
R-2-DA (Residential
with a development
agreement)
RUT (Rural -Urban
Transition — Ada County
designation)
LAND USE
Agricultural
Single -Family Residential
Planned Unit Development
and Commercial Riding
Stables (existing)
Single Family Residential
(Callaway Ranch
Subdivision)
Single Family Residential
(Bella Terra Subdivision)
Single Family Residential
(Brush Creek Subdivision)
Single Family Residential
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 17 acres
Total Number of Lots — 32 lots
Residential — 28
Commercial — 1 (R-E zoned riding stables)
Industrial — 0
Common — 3
Total Number of Units —
Single-family — 28
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE CONDITIONAL PERMIT AND
PLANNED UNIT DEVELOPMENT MODIFICATIONS:
See applicant's justification letter, date stamped by the City on June 6, 2024 (attached to the staff
report).
J. LETTERS FROM THE PUBLIC: None received
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:
The City Council received and reviewed the following:
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-2 (Residential) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.) G
And H*
IR-2 1135'
1
30'
30'
10'
20'
140% 1117,000 1175' I
B. DISCUSSION:
• On July 12, 2022, the Council approved Soaring Feather Subdivision with the following setbacks:
Front (living) 30-feet
Front (garage) 36-feet (front -load garage)
Rear 30-feet
Interior Side 10-feet (first story) 5-feet (each additional story)
Lot 15 Interior Side 7-feet
Street Side 20-feet
Maximum Lot Coverage 40%
The structures on Lots 1, 2, and 16 shall be limited to a single story.
The applicant is requesting a planned unit development modification to decrease the
previously approved rear yard setback of 30-feet to 20-feet. Within the provided narrative,
date stamped by the City on June 6, 2024, the applicant has indicated the reason for the
request is to build large homes which are harmonious with the surrounding existing homes.
Staff will defer to the Council regarding the applicant's request.
PUBLIC HEARING OF THE COUNCIL:
A. The conditional use permit modification and preliminary development plan modification applications
came before the City Council for their consideration on July 9, 2024. The applications were continued
to July 23, 2024, at which time public testimony was taken and the public hearing was closed.
B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual
(other than the applicant/representative) who indicated that if the rear setback is reduced it will allow
for larger homes to be constructed which adds value to the neighborhood.
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C. Oral testimony in opposition of the applications was presented to the City Council by no one.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, if the requested conditional use permit modification and
preliminary development plan modification is approved, staff recommends site specific condition of
approval #7 be modified to read as shown within the staff report.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-11-21 MOD/PPUD-08-21 MOD to modify the conditional use
permit and preliminary development plan for Soaring Feather Subdivision, with the staff recommended
Site Specific Condition of Approval #7 as follows:
Front (living) 30-feet
Front (garage) 36-feet (front -load garage)
Rear 20-feet
Interior Side 10-feet (first story) 5-feet (each additional story)
Lot 15 Interior Side 7-feet
Street Side 20-feet
Maximum Lot Coverage 40%
(The structures on Lots 1, 2, and 16 shall be limited to a single story.)
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
modification, preliminary development plan modification, and preliminary plat modification (CU-11-
21 MOD/PPUD-08-21 MOD) and based upon the information provided concludes that the proposed
development is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; 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;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District,
Eagle Sewer District, and Veolia (water) as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth
within the conditions of approval herein.
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
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g.
j•
All public facilities and services are supplied by the developer and must be approved at the time
of installation and before acceptance by the Eagle Sewer District, Veolia Water, and Ada County
Highway District; and
That the development is provided with ponds, open space, and areas of special interest, which
would not typically be provided in a non-PUD proposal.
The development will contain a minimum of 27.5% open space. The common lots will include
pathways throughout the development; and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include a street connection to the adjacent residential subdivision to the
south (Bella Terra Subdivision) and the east (Brush Creek) as well as a stub street to the adjacent
undeveloped parcel to the west which will provide intra-neighborhood connectivity in the future.
The design and construction of the roadways and entrances is regulated by the Ada County
Highway District; and
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No scenic or historic features of major importance exist on site; and
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The Eagle Comprehensive Plan designates the property as Neighborhood Residential. The
applicant is requesting a R-2-DA-P (Residential with a development agreement — PUD) to allow
for flexibility in design while still maintaining the maximum density of the proposed
development at 1.65-dwelling units per acre; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval of a conditional use permit, preliminary development plan,
and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as
will be required to meet the conditions herein. In addition, the developer will be required to
submit an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review; and
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
The development is primarily residential in nature, with the exception of the equestrian riding and
boarding facility, which is existing on the site and is conditionally permitted by code in the R-E
(Residential -Estates) zone.
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DATED this 13th day of August 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
A kS,Ti
Tracy 1 Osborn, Eagle City Clerk
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