Findings - DR - 2004 - DR-111-04 - Common Landscaping In Tanglerose Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITH T ANGLEROSE
SUBDIVISION FOR MICHAEL HOMAN
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-I11-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 18, 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:
Michael Homan, represented by Phil Hull with The Land Group, is requesting design review
approval of the common area landscaping within Tanglerose Subdivision. The site is located on
the south side of Beacon Light Road approximately 1,600-feet west of North Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 7, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 14, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 14, 2004, the Eagle City Council approved an annexation and rezone application
and a preliminary plat application for Tanglerose Subdivision (A-I-04/RZ-I-04/PP-I-04).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (up to RUT (Residential- Ada Single-family
one unit per two acres County designation) dwelling/pasture
maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Rural (up to RUT (Residential- Ada Single-family
one unit per five acres County designation) dwelling/pasture
maximum)
South of site Residential Estates (up to R-E (Residential) Ranch Estates Subdivision
one unit per two acres
maximum)
East of site Residential Estates (up to RUT (Residential- Ada Thornwood Estates
one unit per two acres County designation) Subdivision
maximum)
West of site Residential Estates (up to RUT & Rl (Residential - Ada Anacortes Subdivision &
one unit per two acres County designation) Ptarmigan Subdivision
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: This site is currently vacant with no improvements.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 24.10
Total Number of Lots - 13
Residential - 11
Commercial - 0
Industrial - 0
Common - 2
Total Number of Units - 11
Single-family - 11
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Site Data Proposed Required
Dwelling Units Per Gross Acre .46-units per acre I-unit per two-acres maximum
Minimum Lot Size 1.84-acres (80,054 s. f.) 1.8-acres (78,408 s. f.)
Minimum Lot Width 207-feet (approx.) 1O0-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area .30-acres (12,942-s. f.) Not required in R-E zone
Percent of Site as Common Area 1.2% Not required in R-E zone
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7 (J) (4) (b), the applicant is to construct a
fifty-foot (50') wide buffer within a common lot along Beacon Light Road abutting the
northern boundary of the development. The applicant will also install street trees and
grass within a landscape easement and the swale areas abutting the internal roadways
within the development. A pump house located within Lot 6, Block 1, for the pressurized
irrigation system, will be required to be screened from the view of neighboring properties
and the roadways. Berming, fencing and landscaping details are required for Design
Review Board review and approval prior to City approval of a final plat.
Open Space:
In addition to the buffer area along Beacon Light Road, the applicant is to provide open
space located within two landscape islands (common lots), within the roadway serving the
site (North Tanglerose Place). The total common area (not including the buffer) within
the subdivision will consist of approximately .3-acres or 1.2% of the site. Eagle City Code
does not require a minimum area of open space for the R-E zoning district.
Storm Drainage and Flood Control:
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&Rs
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:
A letter from the Eagle Fire Department recommends denial of the preliminary plat since
central water is not available to the site to enable the installation and use of fire hydrants.
In response to concerns raised by the Eagle Fire Department during the public hearing for
this item, the City Council indicated that a central water system could be extended to this
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area, with potential financing through a local improvement district (LID).
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
The parcel has a small number of existing trees located mainly around the existing single-
family dwelling and accessory structures. Eagle City Code Section 9-3-8 (B) states that
existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
K. STREET DESIGN:
Private or Public Streets: Public
The applicant is to construct North Tanglerose Place extending southerly from Beacon
Light Road, which will terminate in a cul-de-sac containing a large landscape island. The
roadway is to be built within a 78-foot wide right-of-way near Beacon Light Road (to
accommodate the landscape medians), tapers down to a 50-foot right-of-way, and then
widens to approximately 125-feet to accommodate a landscape island within the cul-de-
sac. The streets will be paved in sections ranging in width from 21-foot wide travel lanes
(located on either side of the median near Beacon Light Road) to 33-feet wide, with
abutting 1 Y2-foot wide concrete ribbons and grass-lined borrow ditches on either side.
Applicant's Justification for Private Streets (if proposed): Not allowed
Blocks Less Than 500': None
Cul-de-sac Design:
North Tanglerose Place is an 840-foot (approximately) long cul-de-sac terminating in a
"needle eye" configuration, due to a .27-acre landscape island to be constructed within.
Eagle City Code permits cul-de-sac lengths up to 1,500-feet in the R-E zoning district, if
approved by the Eagle Fire Department.
Curbs, Gutters and Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter, or
sidewalk. 1 Y2-foot wide concrete strips and borrow ditches abutting the internal streets are
to be constructed in-lieu of curbs and gutters to accommodate storm water runoff.
Sidewalks are not proposed within the subdivision; 4-foot wide striped paths on both
edges of the roadways are to be installed. A 5-foot wide meandering concrete sidewalk is
to be constructed along Beacon Light Road abutting the northern portion of this site.
Lighting:
Lighting for the subdivision is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City approving the final plat.
Street Names:
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Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
L. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
M. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from 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.
N. PUBLIC USES PROPOSED: None
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Sewer District
Idaho Power Company
S. LETTERS FROM THE PUBLIC: None received to date.
ST AFF 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 Use.
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B. PRELIMINARY PLAT 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) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board and within five-feet (5') of the edge of the roadway. 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 swales (borrow ditches). 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.
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
determined otherwise by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board review and
approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the
City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing
shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be
preserved, prior to the commencement of any construction on the site.
.
.
The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 50-foot wide buffer area along Beacon Light Road abutting this site for review
and approval by the Design Review Board, prior to City approval of a final plat. The berm and
landscaping shall be installed prior to the issuance of any occupancy permits within the
subdivision.
.
Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the
edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
The applicant shall submit a design review application showing any proposed subdivision signage
and a landscape plan showing planting details within the proposed landscape islands located at the
intersection of Beacon Light Road and North Tanglerose Place and within the cul-de-sac for
review and approval by the Design Review Board prior to City approval of a final plat.
.
.
The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
The applicant shall submit a design review application with a landscape plan showing planting
details and screening details for the irrigation pump house (located on Lot 6, Block 1), for review
and approval by the Design Review Board prior to City approval of a final plat. The pump house
shall be located to comply with all required setbacks for the R-E zoning district.
All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of
light pollution. The applicant shall submit cut sheets showing street lighting details for review and
approval by the Zoning Administrator prior to the submittal of a final plat.
.
.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
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D. DISCUSSION:
. Staff defers comment regarding the landscaping to the Design Review Board.
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 November 18, 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 6 to 0 (Barnes absent) to approve DR-III-04 for a design review application for
the common area landscaping within Tanglerose Subdivision for Michael Homan, 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 A-I-04/RZ-I-04/PP-I-04 (Tanglerose Subdivision).
2. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the City Clerk signing the final plat.
3. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City
Clerk signing the final plat.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. 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.
6. Provide detailed elevations showing the structure that creates the beginning source of the stream. The
detailed elevations shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City Clerk signing the final plat.
7. Provide a revised landscape plan indicating the material (i.e.: cobblestone, fescue, etc.) that will be
used in the stream/drainage area that runs across the front of all lots within this development. The
material used in the stream/drainage area shall be consistent on all lots to provide a consistent look
throughout the entire development. Place a clause in the CC&Rs establishing the material to be used
in the stream/drainage area that crosses each individual lot. The revised landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board and a copy of the
CC&Rs shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
ST ANDARD 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 any building permits or Certificate of Occupancy,
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whichever occurs first.
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 Ürst.
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 CertiÜcate 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 CertiÜcate of
Occupancy, whichever occurs Ürst. 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 CertiÜcate 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) satisÜed the Idaho Standards for Public Works
Construction. A copy of such written approval and certiÜcation shall be f1led 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 CertiÜcate of Occupancy,
whichever occurs Ürst. All construction shall comply with the City's speciÜcations and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light Üxtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or CertiÜcate of Occupancy, whichever occurs
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first.
The applicant shall pay applicable street light inspection fees prior to CertiÜcate 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 speciÜcations 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 CertiÜcate 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 ofÜcials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The Üre hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the Ünal 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 Üre 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 veriÜed in writing
by the Eagle Fire Department prior to issuance of any building permits or certiÜcate of Occupancy,
whichever occurs Ürst.
d. The proposed Üre 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 Ürst.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor 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 CertiÜcate of Occupancy, whichever occurs Ürst.
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 Ünal plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs Ürst.
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 CertiÜcate of
Occupancy, whichever occurs Ürst.
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 first.
18. Basements in the flood plain are prohibited.
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
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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 speciÜcations upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modiÜcation and
approval of that application prior to commencing any change.
22. Any modiÜcation 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 Üxtures and monument sign lighting Üxtures shall be screened
from view with the use of landscaping (top of the Üxture 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 indemniÜes 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 October 7, 2004.
2. Requests for agencies' reviews were transmitted on October 14, 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-lll-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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-E (Residential) zoning district.
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DATED this 9th day of December 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
AM-A ~~
Eric R. McCullough, Chairman
ATTEST:
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