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Findings - CC - 2013 - PP-11-05MOD - Henry's Fork Subd/126 Lot/Remove Site Specific Cond #25 Re Fencing/Stub Str BEFORE THE EAGLE CITY COUNCIL 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 City Council for their decision on July 23, 2013. 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: 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. B. 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. C. 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. Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 8, 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 July 3, 2013. The site was posted in accordance with the Eagle City Code on June 28,2013. Page 1 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccfdoc D. 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). E. COMPANION APPLICATIONS: DR-04-11 MOD2 Page 2 of 10 K:\Planning Dept\Eagle Applications\SUBS\Z005\Park Place Gardens MOD(aka Shaunnesy-Henrys Fork)ccf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two(up to 2 R-2-DA (Residential 2-units/ Single Family,Residential units per acre) acre with a development 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 G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA or CEDA. H. 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 Page 3 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccfdoc 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) 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. Page 4 of 10 K:\Planning Dept\Eagle Applications\SUBS\Z005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccfdoc 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. J. 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. K ON AND OFF-SITE PEDESTRIAN/BICYCLE 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. L. PUBLIC USES PROPOSED: none M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Page 5 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccfdoc 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 O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. 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 Q. 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. Page 6 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccf doc 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: Page 7 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccfdoc • 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 site specific conditions of approval shown within their findings of fact and conclusions of law document, dated July 1, 2013. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on July 23, 2013, at which time 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 one (1) individual(other than the applicant/representative) who felt that privacy fencing was appropriate and provided builders more flexibility to meet the needs of future homeowners. C. Oral testimony in opposition to this proposal was presented to the City Council by seven (7) individuals who wanted to keep the requirement of open fencing throughout the development and by two(2) individuals who wanted the stub street to the property to the north to remain. COUNCIL DECISION: The Council voted 2 to 2 (Grasser and Pierce against; Mayor in favor)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 following site specific conditions of approval: 1. The stub street De Soto Ave. is required to be completed as show on the approved preliminary plat,date stamped by the City on January 6, 2006. 2. Comply with all conditions within the development agreement for rezone application RZ-12- 05. 3. Comply with all site specific conditions of approval and standard conditions of approval for Page 8 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccfdoc PP-11-05 (except for site specific condition of approval #25). SSC #25 shall be implemented as follows: Fencing for the development shall be as shown on Exhibit A attached hereto. The three rail vinyl fencing(labeled as a black line and noted "Open Fencing by Developer" on Exhibit A) is the only approved open fence style and shall be installed by the applicant in the locations as shown on Exhibit A prior to the City Clerk signing the final plat for phase 2. The open fencing style for the lots identified with a red dot on Exhibit A shall be the same three vinyl fence mentioned above, however, the builder or homeowner may install the fence along the side lot lines on the lots identified with a red dot. The 6-foot high privacy fencing may be installed by the builder or homeowner of each individual lot. 4. Comply with all requirements of the City Engineer. 5. 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. Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 8, 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 July 3, 2013. The site was posted in accordance with the Eagle City Code on June 28, 2013. 3. The Council 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 Page 9 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccf doc 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 and Council'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. DATED this 13th day of August, 2013 CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho tttttt Awl ..adi • ames D. Reynolds, a �" `�,�4�O k •.•'�' ATTEST: o .a•-- •70 SEALq • 4 1_ ft •. , • • Wit■ �`t//! m �� ��•«�'f)fe/0 s••r,s, Sharon K. Bergmann,Eagle City lerk �'��; /:� w••••,i'' ,�44 g g ty O1� 1� �,. °aaacaaaaas�° Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 10 of 10 K:\Planning Dept\Eagle Applications\SUBS\2005\Park Place Gardens MOD(aka Shaunnesy-Henry's Fork)ccf doc E x H 1 1 r A >-- (.7) w H. v) (-c-;-)- 0 NI- c 0 __1 0 v) ,........- _J 0 Ct 0 LLI hi z < I-- CC Z 0 0 —,-- (Z Et —I —' 0 0 a VOei NVIGId31A1 '11 0 1— z (r) cc 0< ------- D \ _J-",, k, (r) Ct << 1 .\\• • i i/"." ,I \\„/ 1 i • I 1 U") IX 1 % , 0 CC Cr Z Id Y IA < 0 a..›- .\(-0-1, I I__ i , ,; ____-...., .......- ; ._.1 0 0 03 • ) ( . ---- 0 i__ i 1 • I 1 .7" ,-- C( LI-I 0 Z id . : ..--- I o -L-L: >a I i i L--------- i r--------1; . • . • , ...„. ,-/ 0 9 Li) g >: a w 1 I . —1 ,,, 0 _1 0 ______ 4 1 • / f---__ 1! / / \ • t 1, / . - -....)I ,/- ,\< • \ 2 z 0 m< /-. • - / ! 0 ) 0 \„, / \\ // , A • •\, ,, i ./ Cl) z zi— 0 o • " • >,- „</ . \,./ x. • y --N. 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