Findings - DR - 2007 - DR-02-07 - Common Area Landscaping In Overton Acres
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICA nON FOR
A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN OVERTON
ACRES WILLIAM AND WANDA OVERTON
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-02-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 8, 2007. The 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:
William and Wanda Overton, represented by Richard Beck with SLN Planning, Inc., are
requesting design review approval for the common area landscaping within Overton Acres
Subdivision. The 4.66-acre site is located on the west side of North Locust Grove Road
approximately 1,000 feet north of Chinden Boulevard at 6799 North Locust Grove Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 3, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 9, 2007, III accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9,2007, the Eagle City Council approved a rezone and preliminary plat application for
Overton Acres (RZ- I 8-06 & PP- I 7 -06).
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 nON
Existing Residential One A-R (Agricultural Residential) Residence with pasture
Proposed No Change R-I-DA (Residential with a Single Family Residential
development agreement)
North of site Residential One R-l (Residential) Single Family Residential
(Carlene Estates)
South of site Residential One R-l (Residential) Single Family Residential
(Spyglass Subdivision)
East of site Residential One Single Family Residential
R-I-P (Residential PUD) (Banbury Subdivision)
West of site Residential One R-l (Residential) Single Family Residential
(Spyglass Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There are numerous trees located along South Locust Grove
Road and around the existing house. The applicant is proposing to retain the trees located around
the existing house as well as the trees along South Locust Grove Road.
1. SITE DESIGN INFORMATION:
Total Acreage of Site - 4.66-acres
Total Number of Lots - 7
Residential - 4
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units - 4
Single-family - 4
Duplex - 0
Multi-family - 0
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ota creage 0 ny ut- arce s - none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.87 -units per acre I-unit per acre (maximum)
Minimum Lot Size 37,009-square feet 37,OOO-square feet (minimum)
Minimum Lot Width 139-feet IOO-feet (minimum)
Minimum Street Frontage 113-feet 35-feet (minimum)
Total Acreage of Common Area 0.42-acres O-acres (minimum)
Percent of Site as Common Area 9% 0% (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/ A
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation: N/A
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located
throughout this site that the applicant is proposing to retain.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to install street trees along both sides of the road
approximately 65-feet on center.
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: NIA
O. OUTDOOR LIGHTING:
A subdivision street light plan showing location, height, and wattage is required to be reviewed
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and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SER VICES A V AILABLE:
A preliminary approval letter from Eagle Fire Department has 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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - 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 attached. Comments. which
appear to be of special concern, are noted below:
Chevron Pipe Line
Eagle Fire Department
W. LETTERS FROM THE PUBLIC:
Memo from Julie Lafferty, City Forester, date stamped by the City on January 23, 2007 (see
attached).
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 Use.
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B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Provide a landscape plan showing berming, fencing, and planting details within the required 35-
foot wide buffer area along South Locust Grove Road abutting this site for review and approval by
the Design Review Board prior to the submittal of a final plat.
. The applicant shall submit a design review application and landscape plan showing trees,
landscaping, berming, proposed signage, and planting details within the required buffer area along
South Locust Grove Road abutting this site and any proposed signage and fencing for review and
approval by the Design Review Board prior to the submittal of a final plat application.
. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along the north side of the street within this
development. Trees shall be placed at the front of each lot generally at each side property line, or
as approved by the Design Review Board. The trees shall be located in the 8-foot wide landscape
strip between the 5-foot wide concrete sidewalk and the curb. 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. 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 shall be preserved, unless otherwise determined 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 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.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. 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 C 1 of this section.
. Eagle City Code Section 8-2A-7 (J)(4)(a)
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 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 (8') 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
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(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:
. The applicant is proposing to construct a 7-lot (4-residential lots and 3-common lots) residential
subdivision. The existing house located on Lot 2, is to remain as well as the existing trees located
around the house. With regard to the existing trees within the berm along South Locust Grove
Road, the landscape plan date stamped by the City on January 3, 2007, indicates that all the trees
are to remain. The City Forester only provided a value of three (3) of the trees located along south
Locust Grove Road because the rest of the trees in this area had borer damage at the base, decay
indicators, trunks leaning towards power lines, evidence of root decay and root damage by root
pruning, and poor structural pruning for power lines. Although not specifically written within the
Foresters comments, there is concern about these trees creating problems in the future by falling
into power lines or on pedestrians.
Per Eagle City Code, a thirty five (35) foot wide landscape buffer is required along South Locust
Grove Road and is required to be planted with four (4) shade trees, five (5) evergreen trees. and
twenty four (24) shrubs per one hundred (100) liner feet of frontage. Sheet L-l, date stamped by
the City on January 3, 2007, shows a total of twenty two (22) shade trees, thirteen (13) evergreen
trees, and sixty eight (68) shrubs to be planted within the berm along South Locust Grove Road.
Of the twenty two (22) shade trees and thirteen (13) evergreen trees shown to be located within the
berm along South Locust Grove Road, the applicant is proposing to plant two (2) new shade trees
and nine (9) evergreen trees.
Staff defers comment regarding the existing trees along South Locust Grove Road and if the
applicant should retain or remove these trees.
· The City Forester has provided comment regarding the plant material proposed within the common
lot located adjacent to the south property line of this development. The concern is the type of plant
material proposed has different watering requirements and will have different needs once
established. The Forester also mentioned the placement of the new trees along South Locust
Grove Road should be closely watched with regard to how close they are planted to the power
lines. Staff defers comment regarding the Foresters suggestions to the Design Review Board.
. Staff defers comment regarding the landscaping to the Design Review Board.
ST AFF 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 February 8, 2007, 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).
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BOARD DECISION:
The Board voted 4 to 0 (Barnes, Grubb, and Weber absent) to approve DR-02-07 for a design
review application for the common area landscaping within Overton Acres for William and Wanda
Overton, 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-18-06 and PP-17-06 (Overton Acres).
2. 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
submittal of a final plat.
3. All utility poles providing service to the existing structures on the site shall be removed. All overhead
power lines providing service to the existing structures shall be located underground prior to the
issuance of any building permits for this site.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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. The applicant shall have an on-site meeting with the Citv Forester to determine which trees, within the
buffer area along South Locust Grove Road, are of poor health and should be removed. The applicant
and Citv Forester shall establish a plan showing how those trees will be mitigated on-site. The
applicant is not required to replace on-site inch for inch for anv of these trees that are removed. The
on-site meeting and mitigation plan shall be completed 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.
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.
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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
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.
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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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development 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.
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
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
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 the City Council 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
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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 City Council 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 recei ved by the City of Eagle on January 3, 2007.
2. Requests for agencies' reviews were transmitted on January 9, 2007, 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-02-07) 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-I-DA (Residential with development agreement) zoning district.
DA TED this 22nd day of February 2007.
ATTEST:
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Sharon K. Bergmann, Eagle City Cle
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