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Findings - DR - 2006 - DR-25-06 - Modify The Common Area Landscaping In Corrente Bello Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO MODIFY THE ) COMMON AREA LANDSCAPING WITHIN ) CORRENTE BELLO SUBDIVISION FOR ) CORRENTE BELLO ESTATES, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-25-06 The above-entitled design review application came before the Eagle Design Review Board for their action on April 13, 2006. 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: Corrente Bello Estates, LLC, represented by Matthew Adams with The Land Group, is requesting design review approval to modify the central common area within Corrente Bello Subdivision Phase 2. The modification consists of the installation of two (2) ponds, gazebo, pathway and a pedestrian bridge. The site is located on the north side of Floating Feather Road approximately \12- mile west of Eagle Road on the west and north sides of Eagle Middle School. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 9, 2006. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' review were transmitted on August 15, 2005, with the previously approved application DR -77 -05, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On June 28, 2005, the Eagle City Council approved an annexation and rezone application and a preliminary plat application for Eagle Creek Subdivision (A-2-05/RZ-4-05/PP-4-05). On October 18, 2005, the Eagle City Council approved a design review application for the common area landscaping within Corrente Bello Planned Unit Development (DR-77-05). On November 9, 2005, the Eagle City Council approved a design review application for four monument signs within Corrente Bello Planned Unit Development (DR-73-05). On March 21, 2006, the Eagle City Council approved the final plat for Corrente Bello Subdivision No.2 (FPUD-II-05/FP-07-05). E. COMPANION APPLICATIONS: None Page 1 of 11 K:\PlumllJg Dept\Eaglt Application.s\Dr\2006\DR-25-06 land drf.do<: F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Transitional Residential R-3-DA (ResidentiaI1.l5 Single Family, Residential units per acre with a Planned Unit Development development agreement) Proposed No change No change No change North of site Residential Estates R-E (Residential Estates Iunit Single family residential per 2 acres) subdivision South of site Transitional Residential A (Agricultural) Floating Feather Road & (up to 1 unit per acre) Single Family Dwelling (Proposed Single Family Subdivision) East of site Transitional Residential RUT (Rural Urban Transition- Agriculture & Eagle & Public/Semi-public Ada Co. Designation) & Middle School PS(Public/Semi-public ) West of site Transitional Residential R-E (Residential Estates) Single Family Residential G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. EXISTING SITE CHARACTERISTICS: The area is currently agricultural land and pasture being developed into a residential subdivision. 1. SITE DESIGN INFORMATION: Total Acreage of Site - 94.89 Acres Total Number of Lots - 137 Residential - 109 Common - 28 Total Number of Units - 109 Single-family - 109 Existing - 1 Proposed - 108 Total Acreage of Any Out-Parcels - 0 Page 2 of 11 K:\PlwUlin,!!: Dt:pt\EagJe Applicatiolls\Dr\2006\DR-25-061alld dn.une Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.15 - units per acre I-unit per acre maximum (1. IS-units per acre with PUD density bonus) Minimum Lot Size 11,932 - square foot 10,000 square feet (minimum) (approximately) Minimum Lot Width 75 - feet 75 - feet (minimum) Minimum Street Frontage 47 - feet 35 - feet (minimum) Total Acreage of Common Lots I2.08-acres 10% Minimum Percent of Site as Common Area 12.73% 10% Minimum J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One (1) gazebo Height and Number of Stories of Proposed Buildings: Gazebo = 13'; one (1) story Gross Floor Area of Proposed Buildings: Gazebo = 484-square feet On and Off-Site Circulation: Pedestrian Walkways: Pedestrian walkways are provided through a detached sidewalk system and through a multi-purpose pathway system as a portion of the open space design. A detached five foot (5') wide concrete sidewalk is proposed abutting both sides of all interior roadways, including the main entrance boulevard. The pathway system and detached sidewalks will provide interconnectivity throughout this development to the pool house area, existing and future residential developments, as well as to the Eagle Middle School site. Bike Paths: Cyclists will have access to the proposed pathway system and the required on-street bike lane throughout the development. K. BUILDING DESIGN FEATURES: Roof: Terra Cotta Tile Walls: Wood (I9%)-Timbers, Masonry (46%)-Stone veneers and Stucco (35 %)-Tan L. LANDSCAPING DESIGN: Preservation of Existing Natural Features: The site is currently open pasture and agricultural land wherein there are few existing trees on site. Page 3 of II K:\Plallnillg Dt:pt\Eagk Applicatiolls\Dr\2006\DR-25-06lalld drf.doc Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A M. TRASH ENCLOSURES: N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: N/A P. SIGNAGE: No signs are proposed with this application. Q. PUBLIC SERVICES AVAILABLE: The site will be served by Eagle Sewer District and United Water ofIdaho. Approval of the sewer district and 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 - 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 - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: Not transmitted W. LETTERS FROM THE PUBLIC: None Page 4 of 11 K:\Plwltl.ing Dt:pt\Eagle Applicaticns\Dr\2006\DR-25-061and drf.doc 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 Transitional Residential. B. PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT PROVISIONS, WHICH WERE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Useable amenities such as the pool/clubhouse, 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. . The applicant shall submit a design review application showing: 1) building elevations for all proposed common area structures, 2) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, and 3) style of ponds to be constructed and provisions to provide for mosquito abatement. C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code, Section 8-2A-6(A) 3. Site Grading And Drainage: The on site grading and drainage shall be designed so as to maximize land use benefits and to minimize off site impact and provide for slope and soil stabilization to prevent erosion and the design review board shall consider: a. The existing and proposed grading relative to soil removal, fill work, retainage, soil stabilization, erosion control on the site and the adjacent terrain and streets, and adoption of the development to the existing site contours; b. The planting of ground covers or shrubbery to prevent dust, to stabilize soils and embankments and to control erosion; c. Existing and proposed storm drainage ways, canals, floodway and floodplains relative to flow or alignment alterations, containment and endangerment of health; and D. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 9-4-1-6 (D)(1): D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards should be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. E. DISCUSSION: . The applicant is proposing a change to the common area located within the center of Corrente Bello Subdivision Phase 2. The modifications consist of replacing the active open area with two ponds, gazebo, pedestrian bridge and pathway. The ponds are proposed to be a total of one acre in size. It is staffs opinion since this area was part of the active open area approved within the Page 5 of 11 K:\PhlllUing Dept\Eagk Arrlicutions\Dr\2006\DR-25-06 land drf.doc Corrente Bello Planned Unit Development the area should remain active open area to provide an area for recreation for residents within the development. . The applicant does not indicate the depth of the pond within the narrative or provide elevations or a sketch plan showing a cross section and depth of the ponds. The applicant should provide a revised set of construction plans showing cross sections and depth of the ponds. The revised construction plans should be reviewed and approved by the City Engineer prior to the City Clerk signing the final plat. . Eagle City Code prohibits gravel pits within residential zones therefore the material excavated during construction of the ponds should be retained and utilized on site. . The pathway delineated on the landscape plan indicates the pathway to be five feet (5') in width. The minimum width required in Eagle City Code is six feet (6') in width located within a sixteen foot (16') wide pedestrian access easement. The applicant should provide a revised landscape plan delineating a six foot (6') wide pathway located within a sixteen foot (16') wide (minimum) pedestrian access easement. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing final plat. . All lots adjacent to the pond area should use an open style of fencing or should not exceed four feet (4') in height if the fence is of a solid construction. The applicant should provide a detail showing the style, material, color and height of the fence proposed adjacent to the common area. . The applicant should provide a copy of all required water rights from Idaho Department of Water Resources for the aesthetic pond. . Staff defers comment regarding the design of the gazebo and colors 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 April 13, 2006, 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). Page 6 of 11 K:\Planning Dept\Eagle Applicu[jons\Dr\2006\DR-25-06 land Jrf.Jor.: BOARD DECISION: The Board voted 6 to 0 (MacDonald absent) to approve DR-25-06 for a design review application to modify the common area landscaping within Corrente Bello Subdivision for Corrente Bello Estates, 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 RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 (Corrente Bello Planned Unit Development). 2. Comply with any applicable conditions ofFPUD-II-05/FP-07-05. 3. Provide revised construction plans showing the elevations and dimensions of the ponds. The revised construction plans shall be reviewed and approved by the City Engineer prior to the City Clerk signing the final plat. 4. All lots adjacent to the pond area shall use an open style of fencing or shall not exceed four feet (4') in height if the fence is of a solid construction. Provide a detail showing the style, material, color and height of the fence proposed adjacent to the common area. 5. Provide a copy of all required water rights from Idaho Department of Water Resources for the aesthetic pond. 6. Material excavated during construction of the ponds should be retained and utilized on site. 7. 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. 8. Provide a revised landscape plan delineating a six foot (6') wide pathway located within a sixteen foot (16') wide (minimum) pedestrian access easement. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 10. Provide detailed elevations of any pumo house structure showing the materials and colors match that which was approved for the gazebo structures. The detailed elevations shall be reviewed and aooroved by staff and one member of the Design Review Board prior to the City Clerk signing the final olat. II. Due to the close proximity of the tot lot to the oond, the Board recommends a fence, berm, or other creative method be used to separate the two areas. Provide a revised landscaoe plan showing: the method used to separate the tot lot and pond area. If a fence is used, detailed cut sheets showing the color, stvle, and height shall be submitted to the Citv. The revised landscaoe olan and detailed cut sheets shall be reviewed and aoproved by staff and one member of the Design Review Board prior to the Citv Clerk signing the final plat. 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 any building permits or Certificate of Occupancy, 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. Page 7 of 11 K:\Plarming Ot:pt\E.ugle Applicatiolls\Dr\2006\DR-25-061anJ drf.uoc.: 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 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 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 Page 8 of 11 K:\Plul.luing Depl\Eagle AppIiI:Uliolls\Dr\2006\DR-25-06 land Jrf.dol: 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 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. 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 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 first. IS. 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 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 Page 9 of 11 K:\PIll.lluillg Ot:pt\Euglt: Arrlicutiolls\Dr\2006\DR-25-06 land drf.doc 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 9, 2006. 2. Requests for agencies' reviews were transmitted on August 15, 2006, with the previously approved application DR-77-05, 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-25-06) 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-3-DA (Residential with a development agreement) zoning district. Page lO of 11 K\Planlling Dept\Eagle Applicatiolls\Dr\2006\DR-25-06land dtf.Uoc DATED this 27th day of April 2006. Eric R. McCullough, Chao ATTEST: ,........... ,.- '" ...... ~ EAG{ .... ...... _1. O........../; ",# ~ L-" .. -. ~ i :;:-~. ~oIlA:r~.. ~ =,...~ e\..-:. . ~. 0 : . i'" . . "',. -.:J. \.. \ ~~~\..~I 0 i ~ ;," ~"7 ::: : ~ -.+C'o.po",t-J' L" ~ ~ ~#. ~ ......... \.'" ...... "',,;-4 TE O~ ..",,, ..",....",,' Page 11 of II K:\Plalllling Dt:pt\Eaglt: Applicatio1l5\Dr\2006\DR-25-06lalld drf.uoc