Findings - CC - 2019 - RZ-04-18 MOD - Mofdify Front Yard Setback/BellemeadeBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DEVELOPMENT AGREEMENT
MODIFICATION (DEVELOPMENT
AGREEMENT IN LIEU OF A PUD)
FOR MADERA DEVELOPMENT, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-04-18 MOD
The above -entitled development agreement modification (development agreement in lieu of a PUD)
application came before the Eagle City Council for their consideration on May 14, 2019. The application
was continued to May 28, 2019, at which time public testimony was taken and the public hearing was
closed. The Council made their decision at that time. The Eagle City 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:
Madera Development, Inc., represented by Sabrina Durtschi with KM Engineering, LLP, is requesting
a modification to the rezone development agreement associated with the approved Bellemeade
Subdivision. The request is to modify the front yard setback identified in the previously approved
Condition of Development 3.4. The 10.99 -acre site is located on the north side of West Flint drive at
the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North
Park Lane.
B. APPLICATION SUBMITTAL:
The application for this request was received by the City of Eagle on April 5, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the 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 27, 2019.
Notice of this public hearing was mailed to property owners within three hundred feet (300 -feet) of
the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on April 24, 2019. The site was posted in accordance with the Eagle City Code on
May 2, 2019.
D. HISTORY OF RELEVAN 1 PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a Comprehensive Plan amendment to change the
land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one
dwelling unit per acre) to Mixed Use and a rezone from A -R (Agricultural -Residential) to MU -DA
(Mixed Use with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9,
Block 2, of Flint Estates Subdivision (CPA -03-03 and RZ-08-03).
On September 27, 2005, the City Council approved a conditional use permit, preliminary development
plan and preliminary plat for Bellemeade Planned Unit Development for Tom Ricks and John Wood
(CU-07-O5fPPUD-03-05/PP-09-05).
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On September 26, 2006, the City Council approved a preliminary plat extension of time for
Bellemeade Planned Unit Development, to be valid until September 27, 2007 (PPUD-03-05 EXT).
On May 8, 2007, the City Council approved a design review for the common area landscaping for
Bellemaede Subdivision for Tom Ricks (DR -87-06).
On May 8, 2007, the City Council approved a design review for the signage for Bellemeade
Subdivision for Tom Ricks (DR -88-06).
On November 20, 2007, the City Council approved a final development plan and final plat for
Bellemeade Subdivision for Tom Ricks (FPUD-02-07 & H'-05-07).
On October 28, 2008, the City Council approved a modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD).
On January 13, 2009, the City Council approved a final plat extension of time for Bellemeade and
Bellewood Planned Unit Developments, to be valid until November 20, 2009 (EXT -22-08).
On December 1, 2009, the City Council approved a final plat extension of time for Bellemeade and
Bellewood Subdivisions, to be valid until November 20, 2010 (EXT -22-09).
On December 14, 2010, the City Council approved a final plat extension of time for Bellemeade and
Bellewood Subdivisions, to be valid until November 20, 2011 (EXT -12-10).
On June 14, 2011, the City Council approved a second modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD2).
On May 26, 2015, the City Council approved a development agreement modification and
preliminary plat approval for Liberty Park Subdivision (formerly known as Bellemeade Planned Unit
Development) (RZ-0 1 - 1 5fPP-0 1-15).
On November 17, 2015, the City Council approved a development agreement modification and
preliminary plat modification for Liberty Park Subdivision (RZ-01 -15 MOD/PP-01-15 MOD).
On November 13, 2018, the City Council approved a rezone with a development agreement (in lieu of
a PUD) and preliminary plat for Bellemeade Subdivision for Madera Development, Inc. (RZ-04-
1 8/PP-03-1 8).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use
Proposed No Change
North of site Public/Semi-Public
South of site Mixed Use
East of site Neighborhood Residential
West of site Mixed Use
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
PS (Public/Semipublic)
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
A -R (Agricultural -
Residential)
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
LAND USE
Lot 1 and 2, Block 1, Flint
Estates Subdivision
Single-family (attached
and/or detached) residential
subdivision
Eagle High School
Single-family residence and
Warrior Park Subdivision
Flint Estates Subdivision
Springhouse Subdivision
F. DESIGN REVIEW OVERLAY DISiRICT: Not in the DDA, TDA, CEDA or DSDA.
G. TOTAL ACREAGE OF SITE: 10.99 -acres
H. APPLICANT'S STAIEMENT OF JUST1rICATION FOR THE REZONE MOD1r1CATION:
See applicant's justification letter attached to the staff report and incorporated herein by reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON -CONFORMING USES: None are apparent on the site.
K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (RZ-04-18/PP-03-
18) and their correspondence is attached to the staff report and is incorporated herein by reference:
Ada County Highway District
Andeavor
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Fish and Game
Idaho Transportation Department
L. LETTERS FROM THE PUBLIC: None received to date.
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STAVY ANALYSIS PROVIDED WITHIN THE STAT F REPORT MEMORANDUM:
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 MU
(Residential) zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
B. DISCUSSION:
• The applicant is requesting a rezone development agreement modification to reduce the front setback for
the garage and living space areas on lots fronted by a detached sidewalk. The applicant's request is to
reduce the previously approved setback to the garage from 31 -feet to 26 -feet and reduce the setback to
living area from 31 -feet to 21 -feet.
Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform
to the closest compatible base zone identified in Eagle City Code Section 8-2-4.
The required setbacks within the MU (Mixed Use) zone are as follows:
Front 20 -feet
Rear 20 -feet
Side 7.5 -feet
Street Side 20 -feet
Maximum Coverage 50%
Condition of Development #3.4 addressing the setbacks was approved as follows:
3.4. Front: 31 -feet (Lots fronted by a detached sidewalk)
25 -feet (Lots fronted by an attached sidewalk)
Rear: 15 -feet
Interior Side: 0-feet/5-feet (if detached)
Street Side: 21 -feet (living), 31 -feet (garage)
Maximum Lot Coverage: 60%
The development may contain 60% single -story dwellings (with a maximum plate height
of 10 -feet and maximum building height of 25 -feet) and 40% two-story dwellings. The
two-story dwellings shall be located along the northern property line and within the center
housing area of the subdivision.
The front setbacks were based on providing a minimum of 25 -feet between the garage and the
back of the sidewalk to allow for the parking of vehicles without overhanging the sidewalk. The
subdivision will no longer have attached sidewalks, therefore, a specific front setback for lots
fronted by an attached sidewalk is no longer required.
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The applicant's proposed front setbacks along with the previously approved rear setback, side
setback, and maximum lot coverage are as follows:
Front: 26 -feet (Garage)
21 -feet (Living)
Rear: 15 -feet
Interior Side: 0 -feeds -feet (if detached)
Street Side: 21 -feet (living), 31 -feet (garage)
Maximum Lot Coverage: 60%
As proposed, a 26 -foot setback for the garage will only allow for 20 -feet of distance located
between the front of the garage and the back of sidewalk. Pursuant to Eagle City Code Section 8-
2-4 (G), all front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
The average vehicle length is 15 -feet and the average crew cab truck length is approximately 18-
20 feet in length based on the size of the pickup bed. As proposed, the distance will allow for an
average size vehicle to park in front of the garage and not overhang across the sidewalk. However,
in the event a large pickup with a crew cab were parked in front of the garage the vehicle may
overhang across the sidewalk.
STAF'F' RECOMMENDATION PROVIDED WITHIN THE STAF'F' REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff is supportive of the proposed setback of 21 -feet for
living area, however, staff does not recommend approval of the reduction of the front setback of 26 -feet for the
garage.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council for their consideration on
May 14, 2019. The application was continued to May 28, 2019, 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 this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by one (1) individual who indicated we need this style of development but not with a
reduction of the setbacks.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council discussed during deliberation that:
• The rear setbacks were previously reduced to allow for larger homes; therefore, the front setbacks
should remain as previously approved to provide adequate space for parking vehicles in the driveway.
• The applicant should reduce the square footage of the proposed homes to conform with the approved
setbacks.
COUNCIL DECISION:
The Council voted 4 to 0 to deny RZ-04-18 MOD for a modification to Condition of Development #3.4,
for Madera Development, Inc.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
04-18 MOD) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
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and based upon the information provided concludes that the proposed rezone is not in accordance with
the City of Eagle Comprehensive Plan and established goals and objectives because:
The request to modify the development agreement (associated with the MU -DA [Mixed Use with
a development agreement in lieu of a PUD] zoning designation) to reduce the front yard setback is
not in conformance with Eagle City Code Title 8 Zoning. The proposed front yard setback will not
provide sufficient room to park vehicles between the front of the garage and the back of the
detached sidewalk as required pursuant to Eagle City Code Section 8-2-4(G).
DATED this 1 1 to day of June, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
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Sharon K. Bergmann, Eagle City CleiIk
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