Findings - DR - 2007 - DR-18-07 - Common Area Landscaping, Clubhouse Facility, 33-Duplexes In The Orchards At Eagle
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING, CLUBHOUSE FACILITY, AND )
33 DUPLEX HOMES WITHIN THE ORCHARDS )
AT EAGLE FOR ORCHARDS AT EAGLE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-18-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 26, 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:
The Orchards at Eagle, LLC, represented by Phil Hull with The Land Group, Inc., are requesting
design review approval for the common area landscaping, a 3,953-square foot clubhouse facility,
and 33 duplex homes within the Orchards at Eagle Subdivision. The site is located on the
southwest comer of West Old Valley Road and North Linder Road at 4831 and 4843 West Old
Valley Road.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on March 7, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 16, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007, the Eagle City Council approved an annexation and rezone application for
The Orchards (A-I 5-06 & RZ-20-06).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Residential RR (Rural Residential-Ada Two single family
One, Floodway, and County designation) residences located within
Scenic Corridor overlay their own parcels
Proposed No Change MU-DA (Mixed Use) with Multi-family residential
Development Agreement condominium development
North of site Commercial CI-DA (Neighborhood Single-family residence
Business District with
Development Agreement)
South of site Floodway RR (Rural Residential-Ada Boise River and gravel pit
County designation)
East of site Mixed Use, Residential RUT (Rural-Urban Single-family residence
One, and Floodway Transition- Ada County
designation)
West ofsite Mixed Use, Residential RR (Rural Residential-Ada Single-family residence
Estate, Residential One, County designation) and pasture.
and Floodway
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There are a couple residential dwellings located near the
northeast comer of this development. The applicant is proposing to remove these dwellings.
There is a large pond located in the southern portion of the site, north of the North Channel of the
Boise River. The applicant is proposing to retain the pond into the development.
I. TOTAL ACREAGE OF SITE: 24.87-acres
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: 1 clubhouse facility
33 Duplex homes
Height and Number of Stories of Proposed Buildings:
Clubhouse = 24 y,'
Units A & D = 24 y,'
Units B & C = 23 y,'
Gross Floor Area of Proposed Buildings:
Clubhouse = 3,953-square feet
Unit A = 1,566-square feet
Unit B = 1,774-square feet
Unit C = 1,783-square feet
Unit D = 2,027-square feet
On and Off-Site Circulation: N/A
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K. BUILDING DESIGN FEATURES:
Roof: Asphalt/fiberglass (dark grey)
Walls: Cementitious lap siding (tan), Cultured stone (sandstone), brick accents (red brick)
Windows/Doors: Vinyl windows (tan), metal doors (tan)
Fascia/Trim: Hardboard fascia (tan)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees and vegetation to
remain south of the existing pond. There are two (2) trees along Linder Road, identified by the
City Forester, that the landscape plan does not indicate are to be retained. There is a twenty two
(22) inch caliper Green Ash tree and a thirteen (13) inch caliper Colorado Blue Spruce tree located
along Under Road.
Tree Replacement Calculations: Per the City Foresters tree valuation, the twenty two (22) inch
caliper Green Ash tree has a total value of $9, 1 00.00 and thirteen (13) inch caliper Colorado Blue
Spruce tree has a total value of $2,600.00. If these two (2) trees are removed the applicant, per
Eagle City Code, would be required to pay to the City Tree Fund $1 1,700.00.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees, spaced 30-feet to 85-feet, along both sides of
all drive aisles within this development.
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:
Neither the landscape plan nor building plans show the location of any ground mounted
mechanical units around the clubhouse or the duplex homes. Per Eagle City Code, all ground
mounted mechanical units are required to be screened from view by landscaping and/or a screen
wall.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board 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 SERVICES AVAILABLE:
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 ofthe water company having jurisdiction
will be required prior to issuance of a building permit.
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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 - yes - North Channel of the Boise River
Mature Trees - yes - along south boundary of site and along Linder Road (see City Foresters
valuation)
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - yes
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 attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
Chevron Pipeline
Eagle Fire Department
Idaho Department of Lands
Idaho Power Company
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Letter from Julie Lafferty, City Forester, dated March 20, 2007 (incorporated herein by reference
and attached to the staff report).
y. PARKS AND P A THW A Y DEVELOPMENT COMMITTEE RECOMMEND A TIONS:
Recommendations from the Parks and Pathway Development Committee, dated April 18, 2007
(incorporated herein by reference and attached to the staff report).
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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 (Western Area Plan adopted 09-14-04) designates this
site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District (CBD).
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek (Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the
floodway areas shall not be considered as a part of the minimum area of open space required (as
required within the zoning ordinance) unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation show shall be considered to abut the actual flood way boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
Scenic: Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 All multi-family dwellings and the club house shall be designed in compliance with Eagle City
Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle
Architecture and Site Design Book (EASD Book). Architecture styles and building design
elements that are not shown with the EASD Book will not be permitted.
The submittal of a building permit application to the City for all buildings within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
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3.4 The applicant shall submit a Design Review application for the site (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the Design
Review prior to issuance of a zoning certificate.
3.5 Submit a Design Review application showing landscaping located within the twenty foot (20')
wide setback area on the western property boundary to provide a buffer from the dwelling units
located adjacent to the western boundary.
3.9 A revised concept plan shall be provided showing sidewalks and/or pathways with raised vertical
curb and five feet (5') in width adjacent to one side and an 18" retaining curb on the other side of
the drive aisles providing access to the units to provide pedestrian connectivity between the
residential units. The revised concept plan shall also show three inch (3") caliper trees shall be
planted four feet (4') from the back of the sidewalk of the retaining curb to be no less than thirty-
five feet (35') and no greater than eighty-five feet (85') apart in distance prior to submitting a
Design Review application.
3.17 Applicant shall provide a club house and pool as generally depicted on the Concept Plan. The
intent of the club house is to provide a venue for meetings and activities for the residents of the
development. The building architecture and associated landscaping shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the issuance of a
certificate of occupancy.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7(C)(l)
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
1 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
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
· 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 CI of this section.
. Eagle City Code Section 8-2A-7(J)(4)(b)
Any road designated as a minor arterial on the Ada County long range highway and street
map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (I 00) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
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flowering/ornamental trees, provided that not more than fifty percent (50%) ofthe 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 (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.
. Eagle City Code Section 8-2A-7(0)(3)
Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu ofretaining all trees on site. The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified in
the application submitted under subsection 02 of this section. If the application is approved,
the amount to be contributed by the applicant will be based upon the total caliper inches of
deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed
from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous
trees shall be determined by resolution of the city council. The applicant shall have the right to
review and consider the value determination, and following said review, to reapply for other
alternative methods of compliance, without prejudice, in accordance with subsection 02 of
this section.
D. DISCUSSION:
· The applicant's representative indicates within their justification letter date stamped by the City on
March 7, 2007, that the duplex homes and clubhouse facility are to be constructed as Craftsman
style bungalows. Elements of the buildings will include wide porches framed by tapered columns,
low-pitched gabled roofs with decorative braces and roof vents, sash windows and handcrafted
stonework, brickwork, and cementitious lap siding. A few ofthe units will include stone chimneys
with brick accents. Staff defers comment regarding the building design and colors to the Design
Review Board.
· This development has approximately 1, 700-linear feet of frontage along Linder Road. The
landscape plan date stamped by the City on March 7, 2007, indicates that seventy two (72)
deciduous trees, one hundred (100) evergreen trees, forty nine (49) flowering trees, and three
hundred sixty nine (369) shrubs are proposed within the buffer area along Linder Road. Per Eagle
City Code, the applicant is required to install a total of eighty five (85) deciduous trees, one
hundred thirty six (136) evergreen trees, fifty one (51) flowering trees, and four hundred eight
(408) shrubs along the entire frontage of Linder Road. Eagle City Code also requires a five foot
(5') high minimum berm along Linder Road. The landscape plan indicates that a five foot (5')
high berm is proposed for the northern I ,300-linear feet of frontage but not the remaining 400-
linear feet of frontage along Linder Road. There is no berm for the southern 400-linear feet of
frontage and the planting is very sparse. Although there are no dwelling units directly adjacent to
Linder Road in this area, there are dwelling units located across the pond on the western portion of
the development. With no berm along Linder Road, minimal landscape material proposed in the
southern portion of the development, and an open pond area, staff is concerned how the traffic
noise will be mitigated for the dwelling units adjacent to the western boundary of the development.
The applicant should be required to provide a revised landscape plan showing a five foot (5') high
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berm (minimum) within the southern 400-linear feet of frontage adjacent to Linder Road. The
landscape plan should show thirteen (13) additional deciduous trees, thirty six (36) additional
evergreen trees, two (2) additional flowering trees, and thirty nine (39) additional shrubs within the
fifty foot (50') wide buffer area. A cross section showing the height of berm in relation to Linder
Road should be included on the revised landscape plan. The revised landscape plan should be
reviewed and approved by the Design Review Board prior to the City accepting a final plat or
condominium application for this site.
· Old Valley Road is classified as a local road, thus no buffer area is required between the right-of-
way and the dwelling units. Although a buffer area is not required along Old Valley Road, staff
suggest that a small (i.e.: 2 - 3' high) undulating berm with a mix of deciduous trees, evergreen
trees, flowering trees, and shrubs be located along this berm. The intersection of Linder Road and
State Highway 44 is an extremely busy intersection that at peek driving times vehicles back-up
south of State Highway 44 along the frontage ofthis development. By providing a small berm and
plant material in this area some of the noise and views of the vehicular traffic would be screened
from the dwelling units located at the northeast comer ofthis development. The applicant should
be required to provide a revised landscape plan showing an undulating berm (2' - 3' high), a mix
of deciduous trees, evergreen trees, flowering trees, and shrubs be located along this berm. A
cross section showing the height of the berm in relation to Old Valley Road should be included on
the revised landscape plan. The revised landscape plan should be reviewed and approved by the
Design Review Board prior to the City accepting a final plat or condominium application for this
site.
· The landscape plan date stamped by the City on March 7, 2007, does not show the curb and gutter
adjacent to Old Valley Road and the meandering sidewalk discontinues approximately 130-feet
east of the west property line of this development. Per the approval letter from Ada County
Highway District date stamped by the City on April 13,2007, the applicant is required to widen
Old Valley Road to one-half of a 36-foot street section with curb, gutter, and a 5-foot wide
concrete sidewalk. The applicant should be required to provide a revised landscape plan showing
Old Valley Road constructed to one-half of a 36-foot street section with curb, gutter, and a 5-foot
wide concrete sidewalk. The revised landscape plan should be reviewed and approved by staff
prior to the City accepting a final plat or condominium application for this site.
· The landscape plan date stamped by the City on March 7, 2007, shows street trees spaced 35-feet
to 50-feet apart on the north side of the meandering 5-foot wide sidewalk along Old Valley Road;
however, the street trees discontinue 170-feet east of the west property line. Per the letter from
Idaho Power Company dated March 20, 2007, there are overhead power lines on the south side of
Old Valley Road. Idaho Power Company recommends that only Class I trees and shrubs be
planted along Old Valley Road. The applicant should be required to provide a revised landscape
plan showing the street trees spaced 35-feet to 80-feet on the north side of the meandering 5-foot
wide sidewalk along the entire frontage of Old Valley Road (610-linear feet). The revised
landscape plan should show Class I trees and shrubs to be planted adjacent to Old Valley Road.
The revised landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to the City accepting a final plat or condominium application for this
site.
· There are numerous trees and vegetation to remain south of the existing pond. There are two (2)
trees along Linder Road, identified by the City Forester, that the landscape plan does not indicate
are to be retained. There is a twenty two (22) inch caliper Green Ash tree and a thirteen (13) inch
caliper Colorado Blue Spruce tree located along Linder Road. Per the City Foresters tree
valuation, the twenty two (22) inch caliper Green Ash tree has a total value of $9, 1 00.00 and
thirteen (13) inch caliper Colorado Blue Spruce tree has a total value of $2,600.00. If these two
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(2) trees are removed the applicant, per Eagle City Code, would be required to pay to the City Tree
Fund $11,700.00. The applicant should be required to provide a revised landscape plan showing
the twenty two (22) inch caliper Green Ash tree and the thirteen (13) inch caliper Colorado Blue
Spruce tree located along Linder Road to be retained or pay to the City Tree Fund a total of
$11,700.00 for the cost of the two trees combined if removed. The revised plan or financial
contribution should be reviewed and approved by staff or paid to the City prior to the City
accepting a final plat or condominium application for this site.
· Per the development agreement associated with this development a 20-foot wide setback area on
the western property boundary is required to be provided to buffer the dwelling units located
adjacent to the western boundary of this development. The landscape plan date stamped by the
City on March 7, 2007, shows the dwelling units proposed within this development setback 20-
feet from the west property line with minimal landscaping between the dwelling units and the west
property line. The applicant should be required to provide a revised landscape plan showing more
extensive landscaping (including shrubs and more trees) to be located within the 20-foot wide
buffer along the west property line. The revised landscape plan should be reviewed and approved
by the Design Review Board prior to the City accepting a final plat or condominium application
for this site.
· Per the development agreement associated with this development the applicant is required to
provide a 5-foot wide sidewalk and/or pathway with raised vertical curb adjacent to one side of the
drive aisles with an l8-inch ribbon curb on the opposite side of the drive aisle. The applicant
should be required to provide a revised landscape plan showing a 5-foot wide sidewalk and/or
pathway with raised vertical curb adjacent to one side ofthe drive aisles with an l8-inch ribbon
curb on the opposite side of the drive aisle. The revised landscape plan should be reviewed and
approved by staff prior to the City accepting a final plat or condominium application for this site.
· Per the development agreement associated with this development the applicant is required to
provide 3-inch caliper street trees planted within 4-feet from the back of sidewalk or ribbon curb.
The spacing between the trees is to be a minimum of 35-feet to a maximum of 85-feet. The
landscape plan date stamped by the City on March 7, 2007, shows the street trees to be spaced a
minimum of 35-feet to a maximum of 85-feet which complies with the requirement of the
development agreement.
· Per the landscape plan date stamped by the City on March 7, 2007, there are two (2) duplex units
to be located just east and southeast of the clubhouse. The sidewalks around these units to not
provide any connection to the parking associated with these units. The applicant should be
required to provide a revised landscape plans showing the two (2) duplex units proposed just east
and southeast of the clubhouse to have sidewalk connections to the associated parking. The
revised landscape plan should be reviewed and approved by staff prior to the City accepting a final
plat or condominium application for this site.
· Neither the landscape plans nor the building plants show the location of any ground mounted
mechanical units around the clubhouse or the duplex homes. Per Eagle City Code, all ground
mounted mechanical units are to be screened from view by landscaping or screen walls. The
applicant should be required to provide a revised landscape plan showing the location of any
ground mounted mechanical units are to be completely screened by landscaping or provide revised
elevation and floor plans showing any ground mounted mechanical units to be completely
screened from view by a screen wall. The revised landscape plan or elevation and floor plans
should be reviewed and approved by the Design Review Board prior to the City accepting a final
plat or condominium application for this site.
· It is staff's understanding that a well house is going to be constructed with the construction of this
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development on the west side of the entrance to the development off of Old Valley Road. The
applicant should be required to provide a revised landscape plan indicating the specific location of
the well house and associated landscaping. Detailed building elevations should be provided
showing style, height, materials, colors, etc. to be used in the construction of the well house. The
revised landscape plan and building elevations should be reviewed and approved by the Design
Review Board prior to the City accepting a final plat or condominium application for this site.
· The landscape plan date stamped by the City on March 7, 2007, indicates a trellis with seat wall is
to be constructed on the east side of the pond. The plans refer you to the architects plans for
details, however, no architectural plans showing the trellis have been submitted to the City for
review. The applicant should be required to provide detailed elevation plans showing how the
trellis and seat wall are to be constructed, the materials, and colors to be used, etc. The detailed
elevation plans should be reviewed and approved by the Design Review Board prior to the City
accepting a final plat or condominium application for this site.
· On April 18, 2007, the Eagle Parks and Pathway Development Committee recommended that a
I O-foot wide asphalt pathway be constructed adjacent to the Boise River as shown on the
landscape plan date stamped by the City on April I 0,2007. A 5-foot wide detached concrete
sidewalk is recommended adjacent to Linder Road ifbike lanes are going to be constructed along
Linder Road. If no bike lanes are to be constructed along Linder Road, and 8-foot wide detached
concrete sidewalk is required adjacent to Linder Road. Staff confirmed with the Ada County
Highway District that bike lanes will be constructed along Linder Road when the road is
reconstructed in six to nine years. The applicant should be required to provide a revised landscape
plan showing a 10-foot wide asphalt pathway adjacent to the Boise River in the location indicated
on the landscape plan date stamped by the City on March 7, 2007. The revised landscape plan
should be reviewed and approved by staff prior to the City accepting a final plat or condominium
application for this site.
· Staff defers comment regarding building design 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 26, 2007, at which
time the Board made their decision.
S. 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 (Weber absent) to approve DR-l 8-07 for a design review application of the
common area landscaping, clubhouse facility, and 33 duplex homes within The Orchards at Eagle
for the Orchards at Eagle, LLC, with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with strike thru to be deleted by the
Board and text shown with underline to be added by the Board.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-IS-06 & RZ-20-06 (The Orchards).
2. The revised landscape plan submitted to the City on April 26, 2007, shows a five foot (S') berm with
additional trees. This landscape plan is approved by the Design Review Board. Previae a revised
Ilmds€llifle JllaR skewing a five foot (S') Riga berm (minimHm) witkin tke sOHtHern HIO linear fuet of
frentage adjaeent te Linaer Reaa. Tke Ilmaselifle JlleR shall show thirteen (13) additional ae€liaHeHs
trees, tkiFty Sill (36) adaitioRal e'iergreen trees, two (2) a8aitieRal flewering trees, eRd tkirty RiRe (39)
additional skmbs witkiR the fifty feet (S9') wide bHff-er area. ,^. eross se€ltioR skowiRg the keigkt of
1germ iH relation to Linder Reaa skalllge iHelHded OR tke revised leRds€lape pieR. Tke revised laHaseaJle
JllaR skall be re'iiewed aRd liflJlre'iea 19y the Design Revie'^, Boara Jlrier te the City a€l€leJltiRg a ftRal
plat or eeRaeminiHm appli€latioR for tkis site.
3. The revised landscape plan submitted to the City on April 26. 2007, shows an undulating berm (2' - 3'
high) with a mix of deciduous. evergreen, and flowering trees and shrubs along Old Vallev Road. This
landscape plan is approved bv the Design Review Board. Pre'iiae a revisea leRaseaJle JllaR skewing eR
HndlllatiRg 1germ (2' 3' kigk), a mix of deeidHoHs trees, evergreen trees, flov/eriRg trees, aRd skmbs
1ge leeatea along tkis berm. :\ eress seetieR skewiRg tke keigllt oftke berm in relatioR to Old Valley
Road skalllge inelllaea eR the revised laRds€lape JllaR. The re'iisea leRaseaJle Jllan shalllge re'iiewed
eRa aJlJlrevea 19y tHe DesigR Review Beara Jlrier te tke City aeeeptiRg a fiRal plat or eORdomiRiHm
liflJllieatioR for tkis site.
4. The revised landscape plan submitted to the City on April 26. 2007. shows Old Valley Road to be
constructed to one half of a 36-foot street section with curb. gutter and detached S-foot wide concrete
sidewalk. This landscape plan is approved by the Design Review Board. Provide a re'iised laRdseape
plaR sho'NiRg Ola Valley Road eORstm€lted to ORe kalfefa 36 feet street seetieR witk eHrl9, gHtter, aRd
a S feet wide eORerete siaewalk. Tke re'iised leRdseape pieR skalllge reyiewea eRa apJlfe'iea 19y staff
prior to the City aeeeJlting a final plat er eeRaeminiHm liflJllieatioR for tkis site.
S. Provide a revised landscape plan showing the street trees spaced 3S-feet to 80-feet on the north side of
the meandering S-foot wide sidewalk along the entire frontage of Old Valley Road (61 O-linear feet).
The revised landscape plan shall show Class I trees and shrubs to be planted adjacent to Old Valley
Road. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City accepting a final plat or condominium application for this site.
6. The revised landscape plan submitted to the City on April 26. 2007. shows an additional fifty two (S2)
trees planted throughout this development. The Board accepts the fifty two (S2) additional trees as
mitigation for the thirty five (3S) caliper inches of tree being removed from this site. Provide a revised
leRaselifle Jlllm showing tke tv/enty tv/a (22) inek ealiper Green Ask tree aRd tke tkirteeH (13) iR€lk
ealiper CalaFaae BIHe Spruee tfee le€lated aloRg Linaer Read to be retainea ar Jlay te tHe City Tree
FlIna a tetal of$11,799.99 fer the €lost aftke tv/e trees eombiRea ifreme'iea. Tke revisea plaR or
fineReial €lontril9l1tien SHall be reviewea eRd approvea 19y staff er paid to the City prier te the City
a€l€leptiRg a fiRal plat er eanaemiHiHm liflJllieatian for tkis site.
7. The revised landscape plan submitted to the City on April 26. 2007. indicates that a six foot (6') high
tan vinvl fence is to be installed along the entire west property line with the add of deciduous and
evergreen trees. This revised landscape plan is approved by the Design Review Board. Previae a
revised llmaselifle JllaR ske'liiRg mere e)ltensi'ie leRdselifling (inellldiRg skmbs aRa mere trees) to be
laeatea witkin tke 29 foot \Viae I9Hffer along the west property liRe. The revised laRdseaJle JllaR skall
be Fe. i,n, ed aRa lIflflreved B) the Design Revie.. Beard prier te the City a€leeptiRg a fiRal Jllat er
€lsnaeminiHm aJlJllieatioR fer tkis site.
8. The revised landscape plan submitted to the City on April 26. 2007, shows a five foot (S') wide
sidewalk with raised vertical curb on one side of the drive aisle and a twelve inch (]2") ribbon curb on
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the other side of the drive aisle. This revised landscape plan is approved bv the Design Review Board.
Provide a revised laHasea~e fllaH showiRg a 5 feet wiae sidewalk aHd/or pathway with raisea veFlieal
ellre adjaeeRt tEl ElRe side Elf tile ariye aisles 'Nitll aH I g iRell riBBeR ellrB ElR tile ElflflElsite side of tile
drive aisle. The revisea IBRase&j3e fllaH shall be reviewea aHa &j3flrElvea by staff prior tEl the City
aeeeptiRg a fiRal fllat or eElRaemiRillm &j3fllieatioR for this site.
9. The revised landscape plan submitted to the City on April 26, 2007, shows a sidewalk connection from
the two (2) duplex units (located east and southeast of the clubhouse) to the associated parking located
east and southeast of the clubhouse. This revised landscape plan is approved bv the Design Review
Board. Previde a revisea laHaSeafle plaRs she\'.'iRg the two (2) dllplex IIRits proposedjllst east aRa
sOlltheaGt ef the elllbhollse te have siae\'/alk eORReetioRs to the asseeiatea parkiRg. The revisea
laHase&j3e plaH shall be revie'Nea amI 8flprovea by staff prior to the Cit). aeee~tiRg a fiRal fllat er
eORdomiRillm &j3plieatieR for this site.
10. The revised landscape plan submitted to the City on April 26, 2007, shows all associated ground
mounted mechanical units for the duplex homes and clubhouse facility. This revised landscape plan is
approved bv the Design Review Board. Provide a revisea laRase&j3e fllaR sllowiRg the 10eatioR of aRY
grellRa mOIlRtea meehaHiealllRits are to be eomflletely sereeRea by laRase&j3iRg er flre'liae revised
eleyatioR BRa floor plBRS shewiRg aHY grollRa mellRtea meekaHieal IIRits to be eomflletely sereeRea
Hem 'lie\'.' by a sereeR 'NaIl. The revisea IBRaseape plaH or eleyatioR aHa fleer fllaHS shall be reviewed
aRd 8flpFevea by the DesigR Revie"," Beard prior te the City aeee~tiRg a fiRal plat or eORdomiRillffi
a~fllieatioR fer this site.
11. Provide a revised landscape plan indicating the specific location of the well house and associated
landscaping. Detailed building elevations shall be provided showing style, height, materials, colors,
etc. to be used in the construction of the well house. The revised landscape plan and building
elevations shall be reviewed and approved by the Design Review Board prior to the City accepting a
final plat or condominium application for this site.
12. Provide detailed elevation plans showing how the trellis and seat wall are to be constructed, the
materials, and colors to be used, etc. The detailed elevation plans shall show the size of the wood
elements to be increased in size (i.e.: 6" x 6" post. 4" x 6" ioists, etc.) The detailed elevation plans
shall be reviewed and approved by the Design Review Board prior to the City accepting a final plat or
condominium application for this site.
13. The revised landscape plan submitted to the City on April 26, 2007, shows a ten foot (] 0') wide
asphalt pathway adiacent to the Boise River. This revised landscape plan is approved by the Design
Review Board. Pro'liae a revised laHase&j3e fllaH showiRg a 19 feet ,....iae asphalt path'N8)' aajaeeRt te
the Boise Riyer iR the leeatisR iRaieated OR the laHaseape plaH date stBHlflea by the City OR Mamh 7,
2997. Tile reyisea laHaseape plBR shall Be reviewed aRa &j3~reved by staff prior to the Cit), aeeeJ'ltiRg a
fiRal plat er eeRdomiRillm &j3plieatioR fer this site.
14. The detailed cut sheet of the proposed light fixture and revised landscape plan showing the proposed
locations submitted to the City on April 26. 2007. is approved bv the Design Review Board. Provide
detailea ellt sheets ef the light fi){mre te ae IIsed te illllmiRate tile drive aisles. The aetailed ellt sheets
SHall shElw style, wattage, keight, IlImiRaries, ete. The detailea ellt skeets shall ae reviewea aHa
aJ'lflrOVea ay staff aHa eRe member of the DesigR Reyiew Beard prior to the Cit), aeeefltiRg a fiRal plat
er eeRdomiRillm &j3fllieatioR fer tHis site.
15. The six foot (6') high wrought iron fence and six foot (6') high tan vinyl fence submitted to the City
on April 26. 2007. is approved bv the Design Review Board. PrElviae aetails showiRg the style Elf
foReiRg to ae IIsea arollRa tke fleel aRd aleRg aH)' eOmmElR areas. The style, keigHt, eeler, ete. shall be
reviewea ana approvea by staff ana eRe member efthe DesigR Review Beara memaer prior to tHe City
aeeefltiRg a fiRal fllat or eeRaemiRillm 8flplieatieR fer this site.
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16. 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.
17. Provide a license agreement from ACHD allowing the installation oflandscaping 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.
18. Paint all electrical meters, phone boxes, etc. located on the buildings to match the color of the
buildings.
19. The revised landscape plan submitted to the City on April 26, 2007, showing the landscaping
extending within nine feet (9') of the edge of pavement along Linder Road. is approved by the Design
Review Baord. E)(tend tHe lImdseapiHg witHiH tHe [mITer area aloHg LiHder Road to witl1iH 9 feet From
tHe eEige of pavemeHt. THe 9 feet betweeH tl1e llmdseapiHg aHd eEige of pa'/emeHt (aloHg tile entire
froHtage of tl1is site) SHall Ile graveleEi as IiflproveEi Ily f.CHD. THe gravel sHoHlaer area sl1all be
maiRtaiReEi aHa kept Free of weeds aHd debris.
20. All existing structures (houses, barns, sheds, etc.) shall be removed from the site prior to the City Clerk
signing the final plat. Demolition permits shall be obtained prior to the removal of said structures.
21. Provide the City will documentation from Central District Health and the Department of
Environmental Quality that the wells and septic have been abandoned appropriately. This
documentation shall be submitted to the City prior to the City approving aeeeptiRg a final plat or
condominium application for this site.
22. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
23. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
24. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
2S. Submit $ISO.OO to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
26. No signs are proposed with this application. A separate design review application shall be submitted
for the approval of a signs within this development.
27. The City Engineer and the ACHD shall review the necessity of a center turn lane and deceleration lane
on Linder Road.
28. Locate all street trees outside the vision triangle particularly near stop signs.
29. Provide revised buildin&! elevations showing the truss elements within the eves of the duplex units to
be increased by 2S%. The revised building elevations shall be reviewed and approved by staff and one
member ofthe Design Review Board prior to the City accepting a final plat or condominium
application for this site.
30. Provide revised elevation plans indicating the roofs of all the structures are to be black or charcoal
grev. The revised elevation plans shall be reviewed and approved bv staff and one member of the
Design Review Board prior to the City accepting a final plat or condominium application for this site.
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,
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gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs 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 ofthe 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 (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
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installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
II. 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,
I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO
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.
IS. 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.
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19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the 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 modii)' 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 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 received by the City of Eagle on March 7, 2007.
2. Requests for agencies' reviews were transmitted on March 16, 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-18-07) 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 MU-DA (mixed use with development agreement) zoning district.
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DATED this 10th day of May 2007.
ATTEST:
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...... ,,~........ ###.\
l4(;'t"... ...~ t!. ~..'l. q,..
.. .- ,- <....-.-,
:~: ~ , ....r..,,' 4.1
: I A. . _ ~. c:l .
: >'. CI: , {;~ .." - :
. · 0 "'" -. Ll. .
\, ~ \ v ~ ~~.. 0 i
~ v e. n~CO.. <(, ~
-.., ..........~" ......
'11. S~ r ..'
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',........",'
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""""'Sharoil K. Bergmann, Eagle City lerk
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