Findings - CC - 2016 - AA-01-16/DR-30-05MOD3 - Appeal Design Review Decision On Type Of Fence In Laguna.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR }
AN APPEAL OF THE DESIGN REVIEW }
MODIFICATION APPLICATION FOR THE }
INSTALLATION OF A SMOOTH WERE FENCE )
WITHIN LAGUNA POINTE SUBDIVISION )
COMMON LOT 35 FOR STEVE PEEL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER AA- 01- 161DR -30 -05 MOD3
The above - entitled appeal came before the Eagle City Council for their action on February 23, 2016. The
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:
Steve Peel, represented by Nicole Hancock with Stoel Rives, is appealing the Design Review Board's
decision on the above referenced matter for the reasons specified in their appeal letter, date stamped
by the City on February 12, 2016 (attached to the staff memorandum and incorporated herein by
reference). The site is generally located on the south side of the south channel of the Boise River and
on the east side of South Eagle Road (subdivision entrance roadway is East River Meadow Drive).
B. APPLICATION SUBMITTAL:
The City of Eagle received the appeal for this item on February 12, 2016.
The City of Eagle received the design review application for this item on September 15, 2015. The
application was officially accepted on December 22, 2015, following the District Court's final ruling
on DR -30 -05 MOD2.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 2004, the Eagle City Council approved an annexation, rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Laguna Pointe PUD (A -2-
03/ RZ- 2- 03 /CU- 5- 03 /PPUD- 1- 03?PP- 3 -03).
On June 28, 2005, the Eagle City Council approved the Laguna Pointe Subdivision design review
application (DR- 30 -05).
On June 20, 2006, the Eagle City Council approved a final development plan and final plat
application for Laguna Pointe Subdivision (FPUD -1 -06 and FP- 2 -06).
On January 9, 2007, the Eagle City Council approved the Entry Feature and Monument Sign for
Laguna Pointe Subdivision (DR- 109 -06).
On February 12, 2008, the Eagle City Council approved a design review sign application modifying
the entry signage for Laguna Pointe Subdivision (DR- 109 -06 MOD).
On September 16, 2014, the City of Eagle and the Laguna Pointe Homeowners' Association, Inc.
entered into a settlement agreement regarding the provision of a permanent easement for the public
pathway located on Lot 35 (agreement attached hereto).
On January 27, 2015, the Eagle City Council approved a design review application to modify the
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K %Planning Dept%Eagle App '.atiomlAPPEALSUI:161AA- i:1 -16 Appeal JDRIG "S MOD Laguna smooth Wire feme eddoca
landscaping at the entrance to Laguna Pointe Subdivision (DR -30 -05 MOD).
On March 24, 2015, the Eagle City Council approved a design review application to allow for the
placement of a wrought iron fence within Common Lot 35 along the south side of the pathway
along the south side of the Boise River for Laguna Pointe Homeowners' Association, Inc. (DR -30-
05 MOD2).
On January 28, 2016, the Eagle Design Review Board approved a design review modification
application (DR -30 -05 MODS) for the installation of a smooth wire fence within Laguna Point
Subdivision Common Lot 35 along the south side of the pathway along the south side of the Boise
River.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING
THIS APPEAL:
Eagle City Code Section 8- 2A -14: APPEALS:
A. Appeal Of The Design Review Board Decision: Any final decision by the design
review board may be appealed to the city council. Within fourteen (14) calendar days
following the design review board's adoption of findings of fact and conclusions of law,
the appealing party shall file a written notice of appeal with the city clerk before five
o'clock (5:00) P.M. or close of business, whichever occurs later, specifically identifying
which requirements are appealed to the city council and all reasons, factual and legal,
why the decision of the design review board should be overturned or modified.
B. Action By The City Council: Within twenty five (25) calendar days from receipt of the
written notice of appeal, the zoning administrator shall set a hearing date for the appeal to
be heard by the city council. The zoning administrator and the city attorney shall provide
the appellant and the city council with a written response to the notice of appeal,
including any other documents filed by the appellant, at least three (3) calendar days prior
to the appeal hearing. After hearing the appeal, the city council may approve, approve
with supplementary conditions, or deny the appeal as presented. Within fourteen (14)
calendar days after a written decision has been rendered by the city council, the zoning
administrator shall provide the appellant with written notice of the decision.
All City Code Sections identified within the Design Review Board's findings of fact and
conclusions of law document, dated February 11, 2016, are incorporated herein by reference.
B. DISCUSSION:
• See the Design Review Board's findings of fact and conclusions of law document, dated
February 11, 2016, for relevant background information on this matter.
Staff will be available to provide additional information or answer questions during the City
Council review of the appeal.
PUBLIC MEETING OF THE CITY COUNCIL:
A. A meeting to consider the application was held before the City Council on February 23, 2016, at which
time their decision was made.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
appl icant/representative).
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MPIanning Dept F4a ApplicationsWFEALSUDWAA -01 -16 Appeal of DR-30-05 MOD Laguna Smooth Wire Fence =fdoex
COUNCIL DELIBERATION:
The Council supported the construction of a smooth wire fence on wood posts (except on the levee where
large rocks would not permit the installation of wood posts) within Common Lot 35 along the south side of
the public pathway along the south side of the Boise River. The Council determined it was not necessary
to install two strands of barbed wire on the back side (south) of the fence to protect the privacy and security
of the [Laguna] homeowners. The Council determined the smooth wire fence will reasonably protect the
privacy and security of the [Laguna] homeowners. The Council also determined that the smooth wire fence
(without two strands of barbed wire on the back side (south) of the fence) would promote the safety of the
trail users and would reasonably prevent trespassing by the public [onto Laguna HOA property].
COUNCIL DECISION:
The Council voted 4 to 0 to deny AA-01-1 6/DR-30-05 MOD3 for an appeal for Steve Peel.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this appeal application (AA- 01- 16/DR-
30-05 MOD3) with regard to the Eagle City Code Title 8, and based upon the information provided,
concludes that approval of the appeal is not necessary since they determined that a smooth wire fence
without barb wire on the back side (south) of the fence will fulfill the terms of the settlement agreement
between the City and the Laguna Pointe Homeowners' Association.
DATED this 811 day of March 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho ` /0T. EA /,''�•,�
�Q0RA,? s4
Stan Ridgeway, Mayor
ATTEST: g�A
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Sharon K. Bergmann, Eagle City C) rk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory
taking analysis.
Reconsideration Notice: Applicant has the right, pursuant to Section 67 -6535, Idaho Code, to request a
reconsideration within fourteen (14) days of the final written decision.
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K,TIanning Dgn\Fagle Applications\APPEA1S20161AA -01.16 Appeal of DA -30 -0S SiOD Laguna Smooth Wire Fence cc(docx