Findings - DR - 2006 - DR-74-06 - Common Area Landscaping W/Pumpkin Patch Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WITHIN PUMPKIN PATCH )
SUBDIVISION FOR EMMETT SMITH AND SONS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-74-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 24, 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:
Emmett Price and Sons, represented by David Koga with The Land Group, Inc, is requesting
design review approval of the common area landscaping within Pumpkin Patch Subdivision. The
site is located on the north side of West Floating Feather Road approximately 1 ,200-feet east of
Meridian Road at 2820 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 30, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 7, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 22, 2006, the Eagle City Council approved a rezone and combined preliminary plat and
final plat application for Pumpkin Patch Subdivision (RZ-II-06 and PP/FP-02-06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential-Estates (up to A-R (Agricultural- One (1) single-family home
one dwelling unit per two Residential) and accessory structures
acres)
Proposed No Change R-E-DA (Residential-Estates Residential subdivision
with a development consisting of two (2) lots
agreement)
North of site Residential-Estates (up to RUT (Residential - Ada One (1) single-family
one dwelling unit per two County designation) home, accessory structures
acres) and pasture
South of site Residential One (up to A-R (Agricultural- Two (2) single-family
one dwelling unit per one Residential) and RUT homes and accessory
acre) (Residential - Ada County structures
designation)
East of site Residential-Estates (up to R-E (Residential-Estates) Residential subdivision
one dwelling unit per two (Canterbury Estates)
acres)
West of site Residential-Estates (up to A-R (Agricultural- One (I) single-family home
one dwelling unit per two Residential)
acres)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TO A, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISITCS:
Currently the site, an approximate 5-acre parcel, consists of one single-family house, associated
barn/sheds, and a pasture.
1. SITE DATA:
Total Acreage of Site - 4.94-acres
Total Number of Lots - 2
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 2
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.435 units/acre I-unit per 2 acres maximum (.5
uni ts/ acre)
Minimum Lot Size 1.8-acres (78,408 square feet) 1.8-acres (78,408 square feet)
Minimum Lot Width 170-feet (approximately) 100-feet (minimum)
Minimum Street Frontage 38.96-feet 35-feet (minimum)
Total Acreage of Common Lots 7.4 7 -acres O-acres (minimum)
Percent of Site as Common Area 10.16% 0%
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: NA
Height and Number of Stories of Proposed Buildings: NA
Gross Floor Area of Proposed Buildings: NA
K. BUILDING DESIGN FEATURES:
Roof: NA
Walls: NA
Windows/Doors: NA
Fascia/Trim: NA
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The applicant is proposing to preserve all
of the existing mature trees located around the existing structures and along the Dry Creek Canal.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the DesihTJ1 Review Board
Street Trees: There are no internal street with this two lot subdivision.
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:
A condition of the combined preliminary plat and final plat requires the applicant to place one
street light at the entrance of the common driveway. A light plan showing location, height, and
wattage of the street light is required to be reviewed and approved by the Zoning Administrator
prior to the City Clerk signing the final plat.
P. SIGNAGE:
No signs are proposed with this application.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Department of
Environmental Quality, Eagle Fire Department, and Eagle Sewer District have been received by
the City. The applicant will connect both lots to the existing water line located in Floating Feather
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Road.
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 Habitat - No
Floodplain - No
Mature Trees ~ Yes, around the existing structures and along Dry Creek Canal
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Dry Creek Canal
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and is attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
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 Estates, suitable
primarily for single-family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Revise the final plat designating a thirty-five-foot (35') wide landscape easement along the
entire frontage of Floating Feather Road and add a note indicating each property owner shall
maintain the easement on their property, prior to the City Clerk signing the final plat.
. The applicant shall submit a design review application and landscape plan showing any
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fencing (if proposed), trees, landscaping, berming, and planting details within the required
thirty-five foot (35 ') wide buffer area along Floating Feather Road abutting this site. The
design and materials of the buffer areas shall be compatible with the existing buffer area found
within the adjacent Canterbury Subdivision to the east. The desi),'11 review application shall be
reviewed and approved by the Design Review Board prior to the City Clerk signing the final
plat.
. Provide a revised final plat showing a meandering detached (meeting ADA standards) five
foot (5') wide (minimum) concrete sidewalk along the entire frontage of Floating Feather
Road which shall be constructed no closer than forty one feet (41 ') from the centerline of
Floating Feather Road, prior to the City Clerk signing the final plat. The sidewalk shall be
installed prior to the issuance of any occupancy permits within the subdivision.
. Provide one (1) street light at the entrance to the common driveway. The street light shall
incorporate the principles of "Dark Sky Lighting" to negate the effects of light pollution. The
applicant shall submit the exact location and cut sheets showing the street light details for
review and approval by the Zoning Administrator prior to the City Clerk signing the final plat.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)(b)
Utilities: Utility service systems shall not detract from building or site design. Cable,
electrical, and telephone service systems shall be installed underground.
. Eagle City Code Section 8-2A-7(C)(\)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project
site (or from abutting right of way) replacement with an acceptable species is required as
follows:
Existing Tree
I inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
Ix caliper of tree removed
. Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection Cl of this section.
. Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the Ada County long range highway
and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
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tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (S') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
D. DISCUSSION:
. Sheet L1.0, date stamped by the City on June 30, 2006, shows all the required number of trees
to be planted on the north side of the five foot (5 ') wide meandering sidewalk along Floating
Feather Road. The development agreement for this property states the applicant shall
construct a meandering, detached five foot (5') wide concrete sidewalk (meeting ADA
standards), no closer than forty-one feet (41 ') from the centerline of Floating Feather Road.
The applicant has placed the proposed sidewalk approximately forty-eight feet (48') from the
centerline. It is staffs opinion that some of the trees within the berm need to be located on the
south side of the meandering sidewalk, no closer than forty-one feet (41 ') from the centerline
of Floating Feather Road so as to create visual interest to passing motorist and pedestrians.
The applicant should be required to provide a revised landscaping plan showing some of the
trees within the berm to be located on the south side of the five foot (5') meandering concrete
sidewalk, no closer than forty-one feet (41 ') from the centerline of Floating Feather Road.
The revised landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to the submittal of the final plat.
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 August 24, 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).
BOARD DECISION:
The Board voted 5 to 0 (Stanger and Barnes absent) to approve DR-74-06 for a design review
application for the common area landscaping within Pumpkin Patch Subdivision for Emmett Price
and Sons, with the following staff recommended site specific conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of Pumpkin Patch Subdivision (RZ-II-06 and PP/FP-02-06).
2. Provide a revised landscaping plan showing some of the trees within the berm to be located on the
south side of the five foot (5 ') meandering concrete sidewalk, no closer than forty-one feet (41 ') from
the centerline of Floating Feather Road. The revised landscape plan shall be reviewed and approved
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by staff and one member of the Design Review Board prior to the City Clerk signing the final plat.
3. The landscape plan shows all existing trees on the site to be preserved. 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 the
preserved trees, prior to the commencement of any construction on the site. No activity whatsoever
shall take place within the drip line of the trees.
4. Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the
City Clerk signing the final plat.
5. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this development.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. 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.
STANDARD CONDITIONS OF APPROVAL:
I. 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.
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.
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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 (I) 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
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,
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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
elect to take those plans to the Design Review Board and/or the Planning and Zomng 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).
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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:
I. The application for this item was received by the City of Eagle on June 30, 2006.
2. Requests for agencies' reviews were transmitted on July 7, 2006, in accordance with the requirements
ofthe Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-74-06) 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-E-DA (Residential Estates with a development agreement) zoning district.
DATED this 14th day of September 2006.
ATTEST:
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