Findings - PZ - 2013 - PP-11-05 MOD - Modif To Pp/Henry's Fork Subd/126-Lot/Remove Site Cond #25/Stub Street/Bridge BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
PRELIMINARY PLAT FOR HENRY'S )
FORK(AKA SHAUNNESY/PARK PLACE )
GARDENS) SUBDIVISION FOR HENRY'S )
FORK,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-11-05 MOD
The above-entitled preliminary plat modification application came before the Eagle Planning and Zoning
Commission for their recommendation on June 17, 2013. The 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:
PROJECT SUMMARY:
Henry's Fork, LLC, represented by Matt Schultz, P.E., is requesting a modification to the
preliminary plat for Henry's Fork Subdivision, a 126-lot (112-buildable, 14-common)
residential development. The applicant is requesting to remove site specific condition of
approval #25 which currently requires the use of open fencing throughout the
development. The applicant is also requesting to delete the requirement to provide a stub
street (De Soto Ave.) and bridge across the Dry Creek Canal for access to the property to
the north of the development. The 95.32—acre site is located between Meridian Road and
Park Lane approximately 1,300 feet north of Floating Feather Road.
A. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on Wednesday, April 3, 2013, at 6:00 PM, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on April 22,2013.
B. NOTICE OF PUBLIC HEARING:
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 May 27, 2013. 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 May 21, 2013. Requests for agencies' reviews were transmitted on April 30,
2013 in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on June 7,2013.
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C. HISTORY OF PREVIOUS ACTIONS:
On February 21, 2006,the City Council approved an annexation and rezone from RUT
(Rural-Urban Transition-Ada County designation)to R-2-DA(Residential two units per
acre with a development agreement)and preliminary plat for Park Place Gardens
Subdivision for Park Place Partners,LLC (A-08-05/RZ-12-05/PP-11-05).
On April 11,2006,the Eagle City Council approved a design review application for the
common area landscaping and clubhouse within Park Place Gardens Subdivision(DR-22-
06).
On October 24, 2006,the City Council approved a final plat for Shaunessy Subdivision
(formerly Park Place Gardens)(FP-03-06).
On October 23, 2007,the Eagle City Council approved an extension of time for
Shaunessy Subdivision(formerly Park Place Gardens)to be valid until October 24, 2008
(EXT-02-07).
On October 14, 2008,the City Council approved an extension of time for sixty(60)days
for Shaunessy Subdivision (formerly Park Place Gardens)to allow the applicant to remove
weeds growing on the site. Upon the removal of the weeds the City Council granted an
extension of time for Shaunessy Subdivision(formerly Park Place Gardens)to be valid
until October 24, 2009 (EXT-14-08).
On November 10, 2009,the City Council approved an extension of time for Shaunessy
Subdivision(formerly Park Place Gardens)to be valid until October 24, 2010(EXT-20-
09).
October 12, 2010,the City Council approved an extension of time of the final plat for
Shaunessy Subdivision(formerly Park Place Gardens)to be valid until October 24, 2011
(EXT-08-10).
On June 14, 2011,the City Council approved a design review application for the common
area landscaping, pool house, and pump house for Shaunessy Subdivision(DR-04-11).
On June 14, 2011,the City Council approved two(2)monuments signs for Shaunessy
Subdivision(DR-05-11).
On August 14, 2012,the City Council approved an extension of time of the preliminary
plat for Shaunessy Subdivision(formerly Park Place Gardens)to be valid until October
24, 2013 (EXT-06-12).
On March 14, 2013, City Staff approved a design review application modifying the
approved fencing within Henry's Fork Subdivision (DR-04-11 MOD).
D. COMPANION APPLICATIONS: DR-04-11 MOD2
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
R-2-DA(Residential 2-units/
Existing Residential Two(up to 2 acre with a development Single Family, Residential
units per acre) Development
agreement)
Proposed No change No change No change
North of site Residential Two(up to 2 R-E(Residential Estates 1- Single family residential
units per acre) unit/2 acres)R1 (Residential subdivision-Varied lot
1-unit per acre-Ada County sizes
designation)RUT(Rural
Urban Transition-Ada County
Designation)
South of site Residential Two(up to 2 R-E(Residential Estates 1- Single family residential
units per acre) unit/2 acres)R1 (Residential subdivision-Varied lot
1-unit per acre-Ada County sizes
designation)
East of site Residential Estates(up to RUT(Rural Urban Transition- Single family residential
1 units per 2 acres) Ada Co. Designation)&PS subdivision
(Public/Semipublic)
West of site Residential Two(up to 2 R-E(Residential Estates 1- Silver Creek Subdivision,
units per acre) unit/2 acres) Single Family residential
and pasture
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA or CEDA.
G. SITE DATA:
Total Acreage of Site—95.32 Acres
Total Number of Lots— 126
Residential— 112
Common— 14
Total Number of Units- 112
Single-family- 112
Existing— 1
Proposed— 112
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.17-units/acre 2-units/acre maximum
Minimum Lot Size 17,000-square feet 17,000-square feet
Minimum Lot Width 75-feet 75-feet(minimum)
Minimum Street Frontage 43-feet 35-feet(minimum)
Total Acreage of Common Lots 18.42-acres 9.53-acres(minimum)
Percent of Site as Common Area 19.3%(approximately) 10%(minimum)
H. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
One pool house and one pump house are proposed within this development. No changes
are being made to either of these structures. See DR-04-11 for the approved building
elevations of the pool house and pump house.
Open Space:
Will provide a total of 18.4-acres of common area open space. 10% minimum required
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.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage
plans. Specific drainage system plans are to be submitted to the City Engineer for review
and approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System(yes or no)-no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
STREET DESIGN:
Private or Public Streets: Public
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': none
Cul-de-sac Design: Two cul-de-sacs, which meet the design requirements of Eagle City Code and
the Ada County Highway District, are proposed.
Sidewalks: Sidewalks, which meet the design requirements of Eagle City Code and the Ada
County Highway District, are proposed.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street names will be required to be reviewed and approved by the Ada County Street
Name Committee.
J. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
K. PUBLIC USES PROPOSED: none
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
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Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Chevron Pipe Line Company
Idaho Transportation Department
New Dry Creek Ditch Company
P. LETTERS FROM THE PUBLIC (attached to the staff report):
Lawrence and Lynda Collins,dated June 11, 2013
Thomas Ricks, dated June 4, 2013
Mike Harrison, dated June 13, 2013
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Residential Two.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-6(B)(3)Fences:
a. Vinyl: integral color required;
b. Block(with columns);
c. Brick(with columns);
d. Wrought iron;
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all
corner lots shall be an open fencing style such as wrought iron or other similar decorative
style, durable fencing material. Specific buffer area fences and decorative walls may be
allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar,and
similar high maintenance and/or unsightly fencing shall not be permitted within the above
designated areas. A section within the subdivision CC&Rs shall be created for the
regulation of fences to this effect.
D. DISCUSSION:
• On February 21, 2006, the Eagle City Council approved the preliminary plat for Park
Place Gardens Subdivision (PP-11-05). Pursuant to the approval of the preliminary plat,
all fencing within this development, with the exception of the berms, is to be open fencing
constructed of wrought iron or similar material approved by the Eagle Design Review
Board. The applicant has submitted a preliminary plat application and design review
application requesting modification to the open style fencing requirement to include a
variety of vinyl fencing styles and wrought iron adjacent to common areas and that a 6-
foot high vinyl privacy fence be allowed between the individual lots. Staff defers
comment regarding the fence style adjacent to the common areas to the Design Review
Board; however, a cohesive look for all fencing adjacent to common areas should be
considered when approving a style of fence for this development.
Site specific condition of approval#25 for the preliminary plat states:
"All fencing within the development, with the exception of the berms, shall be open
fencing constructed of wrought iron or similar material approved by the Eagle Design
Review Board."
If the Planning and Zoning Commission and City Council do not approve a modification
to the style of fencing within this development, 4-foot high wrought iron fencing is the
style of fencing required within this development.
• The applicant is requesting approval delete the requirement to provide a stub street (De
Soto Ave.)and bridge across the Dry Creek Canal for access to the property to the north of
the development.
PUBLIC HEARING OF THE COMMISSION:
A. A Public hearing on the application was held before the Planning and Zoning Commission on June
17, 2013, at time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by six(6) individuals who indicated the following:
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• The open feel needs to be maintained in the area and solid fencing would eliminate the
open feel.
• They are opposed to solid vinyl fencing.
• An east to west connection may impact Meridian Road.
• The proposed stub street(DeSoto Lane)needs to be removed.
• Opposed to any style of perimeter fencing.
A few of the individuals would support the installation of a 3-rail vinyl fence on the perimeter of
the development.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• They do not support the utilization of solid fencing and do not support the requested
fencing changes.
• The east/west access across the New Dry Creek Canal should be emergency access only.
• The Commission was split on whether or not the proposed stub street should be removed.
COMMISSION DECISION:
The Commission voted 4 to 0 (Aizpitarte absent)to approve PP-11-05 MOD for a preliminary plat
modification for Henry's Fork(aka Shaunnesy/Park Place Gardens) Subdivision for Henry's Fork,
LLC, with the staff recommended modified site specific conditions of approval with strike through
text to be deleted by the Commission:
1. Comply with all conditions within the development agreement for rezone application RZ-12-
05.
2. Comply with all site specific conditions of approval for PP-11-05 (except for site specific
3. Comply with all requirements of the City Engineer.
4. The applicant shall submit payment to the City for all engineering fees incurred for reviewing
this project,prior to the City Clerk signing the final plat.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on Wednesday, April 3, 2013, at 6:00 PM, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on April 22, 2013.
2. 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 May 27, 2013. 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 May 21, 2013. Requests for agencies' reviews were
transmitted on April 30, 2013 in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on June 7,2013.
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3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
modification (PP-11-05 MOD) and based upon the information provided concludes that the proposed
preliminary plat application is in accordance with the City of Eagle Title 9(Subdivisions)because:
a. The requested preliminary plat modification complies with the density of the approved zoning
designation of R-2-DA (Residential with a development agreement); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan and provides the
required improvements for a subdivision and those improvements will be in conformance with
the requirements of Title 9; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area, since the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served by the Eagle Sewer District and will use public water to be served by
the water company having jurisdiction in that area. Fire protection will be available from the
Eagle Fire District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is required to be reviewed and
approved the Ada County Highway District and is subject to the conditions herein;and
f. This development is in continuity with the capital improvement program since the required
public improvements are required as conditioned herein, or are expected to be installed with
the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of final plat
approval as set forth within the conditions of approval above.
PLA ■ t AND ZON • 0 SION
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