Findings - DR - 2013 - DR-04-11 MOD2 - Modify The Fencing In Henry's Fork Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY THE )
FENCING WITHIN HENRY'S FORK SUBDIVISION )
FOR HENRY'S FORK LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-04-11 MOD2
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 13, 2013. The Design Review Board 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, is requesting design review approval to modify
the fencing required within Henry's Fork Subdivision. The 95.32-acre site is located
approximately 1,320-feet north of West Floating Feather Road between North Park Lane and
North Meridian Road at 1680 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 22, 2013.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT 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
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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: PP-11-05 MOD(preliminary plat modification)
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)Ri (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, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The common area landscaping at the entrance and within the
first phase of this development has been installed.
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I. SITE DESIGN INFORMATION:
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
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)
J. GENERAL SITE DESIGN FEATURES: 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.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN: No changes are being proposed to the common area landscaping. See DR-
04-11 for approved landscaping and street trees within this development.
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS:N/A
O. OUTDOOR LIGHTING: N/A
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:N/A
R. PUBLIC USES PROPOSED:None
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S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:N/A
W. LETTERS FROM THE PUBLIC: None received to date.
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 CODE 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.
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.
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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.
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.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 13, 2013, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 3 to 0 (McCullough,Hull,and Martin absent)to approve DR-04-11 MOD2 for a
design review application to modify the fencing within Henry's Fork Subdivision for Henry's Fork
LLC, with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of PP-11-05 MOD.
2. Comply with any applicable conditions of DR-04-11 and DR-04-11 MOD.
3. No signs are proposed with this application and none are approved.
4. Three rail white vinyl fencing shall be utilized adjacent to all common areas,pathways,Park Lane,
Meridian Road, and Snake River Drive.
5. Three rail white vinyl fencing shall be utilized along the rear property lines when adjacent to Henry's
North 40 Subdivision and Cavallo Estates Subdivision.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters,streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactorydisposal of all storm drainage on the applicant's site.Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity, shall be
obstructed,routed, covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including,but not limited to,landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
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irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500
gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools,etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
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17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval.Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details,landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules,regulations, ordinances,plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 22, 2013.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-04-11 MOD2) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District,and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
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the Eagle Comprehensive Plan.
3. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-2-DA(residential with development agreement)zoning district.
DATED this 27th day of June 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE i Ada Co ty, ah
Eric R. McCullough,Chairman •
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Sharon . Bergmann, Eagle City I Jerk �'
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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