Findings - DR - 2004 - DR-26-04 - Common Area Landscaping In Winding Creek East Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING AND DESIGN OF THE
RESIDENTIAL BUILDINGS WITHIN WINDING
CREEK EAST FOR SOUTHERS PROPERTIES
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-26-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 8, 2004. The Eagle 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:
Southers Properties, represented by Phil Hull with The Land Group, is requesting design review
approval of the common area landscaping within Winding Creek East Subdivision (formerly a
portion of Trolley Square). The site is located 420-feet north of State Street and approximately
1,000-feet east of Palmetto Avenue.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 4, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 10, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, a preliminary plat (PP-12-00) was approved by the City Council for Trolley
Square, a 27-acre commercial subdivision. Conditions of approval for the previous preliminary
plat required the dedication of public rights-of-way for the Hill Road extension (north of State
Street) and Academy Street (west of the terminus of Academy Way to the Hill Road extension).
Although the approval of the preliminary plat expired on January 9, 2002, (since a final plat was
not submitted for the development) the dedication of the street right-of-ways was completed,
resulting in the creation of three separate parcels.
On January 9, 2001, the Eagle City Council approved a conditional use permit for a shopping
center (CU-12-00) for this site.
On January 9,2001, the Eagle City Council approved a design review application for the common
area landscaping within Trolley Square Shopping Center (DR-44-oo).
On November 3, 2003, the Eagle Planning and Zoning Commission recommended approval of a
rezone (RZ-6-03) of the property from C-2 (General Business District) to MU-P (Mixed Use
PUD).
On January 27, 2004, the Eagle City Council approved a conditional use permit and preliminary
development plan for Winding Creek East planned unit development (CU-12-03/PPUD-5-03).
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E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Commercial C-2 (General Business Vacant
District)
Proposed No Change MU-P (Mixed Use PUD) PUD Residential
Development
North of site Mixed Use A (Agricultural) Pasture
South of site Commercial C-2 (General Business Proposed commercial
District) development
East of site Public/Semi-Public PS (Public/Semi-Public) Eagle Academy School
West of site Commercial C-2 (General Business Proposed Winding Creek
District) residential/commercial
PUD
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: This site is currently vacant with no improvements.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 169,884-square feet (3.9-acres) 7,000-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 26% (approximately) 50% (maximum)
Building Coverage
Percentage of Site as Common 59% (approximately) 27% (minimum)
Area (open space)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Nine (9) multi-family residential buildings
Height and Number of Stories of Proposed Buildings: Thirty five feet (35') (maximum), two (2)
stories.
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Gross Floor Area of Proposed Buildings:
Number of units
8
26
10
One-bedroom units
Two-bedroom units
Three-bedroom units
Total
Square feet per unit
1,200-square feet
1 ,200-square feet
1,500-square feet
Total Square feet
9,600-square feet
31,200-square feet
15,000-square feet
55,SOO-square feet
K. BUILDING DESIGN FEATURES:
Roof: Asphalt shingles (dark grey)
Walls: Stucco, wood lap siding, cultured stone, brick (see color board)
WindowslDoors: Vinyl (almond and white)
Fasciaffrim: Wood (see color board)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees thirty five feet (35') on center along Winding
Creek Road and Hill Road. Street trees are not proposed along the northern three hundred sixty
feet (360') of Hill Road because Drainage District No.2 does not allow trees to be planted within
their drainage easements.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/ A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
O. OUTDOOR LIGHTING:
The applicant is proposing to install five (5) of the City approved historic street light fixtures along
Winding Creek Road and Hill Road. Nine (9) historic type light fixtures are proposed to be
located within the development. These light fixtures are proposed to use 75-watt incandescent
light bulbs.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
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Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been
received by the City. A water service approval has not been received to date. Approval of the
water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish - not known
Floodplain - 500-year
Floodway - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Spoil Banks Canal - Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife-unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, date stamped by the City on April 1, 2004.
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 Commercial.
B. CONDITIONAL USE PERMIT AND PRELIMINARY DEVELOPMENT PLAN PROVISIONS,
WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) abutting both sides of the western common
access drive, and along the western side of the eastern drive. Trees shall be placed at the front of
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.
each multi-family dwelling, located in the 5-foot wide landscape strip between the concrete
sidewalk and the curb, or as approved by the Design Review Board. Prior to the City Clerk
signing the final plat, the applicant shall either install the required trees, sod, and irrigation or
provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements within the 5-foot wide landscape strip. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping.
The applicant shall submit a design review application showing proposed landscaping to be
located within the common areas for review and approval by the Design Review Board prior to
City approval of a final plat.
The applicant shall coordinate with Drainage District No.2 regarding ditch maintenance access
and landscape improvements with the Eagle Drain ditch easement abutting the northern and
eastern boundaries of this property. Plans detailing the improvements within the ditch easement
shall be submitted for review and approval by the Design Review Board prior to City approval of a
final plat. The applicant shall provide a copy of a recorded license agreement from Drainage
District No.2 stating their approval of the ditch access agreement, prior to City approval of a final
plat.
.
.
Useable amenities such as, picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities as determined by the City Council shall be provided within the
open space areas. Landscape plans showing open space amenities shall be reviewed and approved
by the Design Review Board, prior to the City approving a final plat.
Subdivision signage, common area, street trees, existing trees, pathways, buffer areas, perimeter
fencing, etc., shall be reviewed and approved by the Design Review Board prior to the submittal of
a final development plan and final plat.
The applicant shall submit a master building design plan that shows general design criteria
including composition, color, materials, and architectural themes to be incorporated into the
construction of all commercial buildings on the site, with details showing how each building will
compliment the others with said design elements. The master plan shall be reviewed and approved
by the Design Review Board prior to the issuance of any building permits for the site.
.
.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
D. DISCUSSION:
.
Per the conditional use permit and preliminary development plan applications, useable amenities
such as, picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities as determined by the City Council are required to be provided within the open space
areas. Landscape plans showing open space amenities are required to be reviewed and approved
by the Design Review Board, prior to the City approving a final plat. Other than two (2) streams
proposed between several of the buildings, no useable amenities have been proposed with this
application. The applicant should be required to provide benches, bike racks, trash receptacles,
etc. within the common areas of this development. Provide a revised landscape plan showing
where the useable amenities are to be located within this development. Detailed cut sheets of any
benches, bike racks, trash receptacles, or other amenities should be reviewed and approved by staff
and one member of the Design Review Board prior to the City Clerk signing the final plat.
Staff defers comment regarding building designs and colors to the Design Review Board.
.
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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 was held on the application before the Design Review Board on April 8, 2004, 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 (Bowen, Christensen, Floegel, and Stanger absent) to approve DR-26-04
for a design review application for the common area landscaping and design of residential
buildings within Winding Creek East for Southers Properties, 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 CU-12-03/PPUD-5-03 (Winding Creek East PUD).
2. Provide a revised landscape plan showing benches, landscape lighting. bike racks, trash receptacles,
etc. within the common areas of this development. Detailed cut sheets of any benches, bike racks,
trash receptacles, or other amenities shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City Clerk signing the final plat.
30 Provide a revised landscape plan showing the five foot (5') wide sidewalk on the north side of
Winding Creek Road to connect to the sidewalk to the east. The revised landscape plan shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
4. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. No signs are proposed with this application. A separate design review application is required to be
submitted for approval of any signs for this site.
7. The new site plan. date stamped by the City on April 8. 2004. showing the reorientation of the center
building located along Winding Creek Road. is approved.
8. Provide a tvpicallandscape and elevation plan showing the location. screen walls. materials. colors.
and landscaping of the ground mounted mechanical units for each of the residential units. The
landscape and elevation plans shall be reviewed and approved bv staff and one member of the Design
Review Board prior to the City issuing a zoning certificate for this site.
9. The architectural design styles. colors. and materials showing the residential units date stamped by the
City on March 25. 2004. is approved.
STANDARD CONDITIONS OF APPROV AL~
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,
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gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs flfSt.
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 flfSt. 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 satisfactory disposal 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. 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
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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.
10. 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.
11. 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.
12. 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 flfe 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 flfe 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.
13. 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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. 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.
17. 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 flfSt.
18. Basements in the flood plain are prohibited.
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19. 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
Commission and/or Council.
20. 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/or the Planning and Zoning Commission for
review and approval.
21. 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.
22. 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.
23. 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.
24. 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 Design Review Board approval date).
25. 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.
26. 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 March 4, 2004.
2. Requests for agencies' reviews were transmitted on March 10, 2004, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-26-04) 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
the Eagle Comprehensive Plan.
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DATED this 22nd day of April 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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