Findings - DR - 2009 - DR-77-05 MOD2 - Modify The Common Area Landscaping In Corrente Bello Pud
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO MODIFY THE COMMON )
AREA LANDSCAPING WITHIN CORRENTE )
BELLO PLANNED UNIT DEVELOPMENT )
FOR GEMSTAR DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-77-0S MOD2
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 10, 2009. Per the applicant's request, the item was continued to September 24, 2009, at
which time the Board made their decision. 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:
Gemstar Development, LLC, represented by Scott Noiyuki with Northside Management, is
requesting design review approval to modify the common area landscaping within Corrente Bello
Planned Unit Subdivision. The 94.89-acre site is located on the north side of Floating Feather
Road approximately ~-mile west of Eagle Road on the west and north sides of Eagle Middle
School.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 6, 2009.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 18, 2005, the Eagle City Council approved a design review application for the
common area landscaping within Corrente Bello Planned Unit Development (DR-77-05).
On May 13, 2008, the Eagle City Council approved a modification to the design review
application for the common area landscaping within Corrente Bello Planned Unit Development
(DR-77-05 MOD).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DE SIGNA TIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential R-E (Residential) Single Family Dwelling &
Pasture
Proposed Transitional Residential R-3-DA (Residential) Single Family, Residential
Planned Unit Development
North ofsite Residential Estates R-E (Residential) Single family residential
subdivision
South of site Transitional Residential R-I-DA (Residential) Floating Feather Road &
(up to 1 unit per acre) Single Family Dwelling
East of site Transitional Residential RUT (Rural Urban Transition- Agriculture & Eagle
& Public/Semipublic Ada Co. Designation) & PS Middle School
(Public/Semi public)
West of site Transitional Residential R-E (Residential) Single Family Residential
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The infrastructure for this subdivision has been completed, as well as the common area
landscaping, street lights, street trees, club house, and swimming pool. Numerous residential
dwellings have been constructed within this development.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 94.89 Acres
Total Number of Lots - 137
Residential - 109
Common - 28
Total Number of Units - 109
S ingle- family - 1 09
Existing - 1
Proposed - 108
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1. I 5-units per acre I-unit per acre maximum
(1. I 5-units per acre with PUD
density bonus)
Minimum Lot Size 11,932-square foot (approximately) I O,OOO-square foot (minimum)
Minimum Lot Width 75-foot 75-foot (minimum)
Minimum Street Frontage 47-foot 35-foot (minimum)
Total Acreage of Common Lots 12.08-acres 10% (minimum)
Percent of Site as Common Area 12.73% (approximately) 10% (minimum)
J. GENERAL SITE DESIGN FEATURES: No change from original approval DR-77-05.
K. BUILDING DESIGN FEATURES: No change from original approval DR-77-05.
L. LANDSCAPING DESIGN:
Preservation of Existing Natural Features: N/A
Tree Replacement Calculations: Per the original approval of this subdivision a mature Cottonwood
tree that was located on Lot 24, Block 2, was to be retained. This tree has been removed without
the approval of the City. The value of the tree, per a letter from Keith Atkins (former City Forster)
dated March 7, 2006, was $4,800.00. The applicant should be required to pay to the City Tree
Fund $4,800.00 for the mitigation of this tree.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Three inch (3") minimum caliper shade-class trees are located along both sides of all
streets within this development and placed at the front of each lot generally at each side
property line.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
Perimeter Landscaping:
Continuous landscaping has been installed around the perimeter of the entire
parking lot located near the pool house.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
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O. OUTDOOR LIGHTING: N/A
P. SIGNAGE: N/A
Q. PUBLIC SERVICES A V AILABLE:
The site is served by Eagle Sewer District and United Water ofIdaho.
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 - A large tree valued at $4,800.00 has been removed from the site.
Riparian Vegetation - no
Steep Slopes - Yes, Northern area of the subdivision generally located along the proposed Oceano
Bello Drive
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES: N/A
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 Transitional Residential.
B. PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT PROVISIONS, WHICH
ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into
the open space design for the development shall be shown on a landscape plan and submitted for
Design Review Board approval prior to the submittal of a final plat.
. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as
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 the final plat.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7(C)(1)
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
1 x 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 C 1 of this section.
D. DISCUSSION:
. On October 18, 2005, the Eagle City Council reviewed and approved a design review application
for the common area landscaping within Corrente Bello Planned Unit Development (DR-77-05).
The landscaper hired to install the landscaping throughout the development installed different
plant material than what was approved on the original plans. On May 13, 2008, the Eagle City
Council reviewed and approved a modification to the design review application for the common
area landscaping within Corrente Bello Planned Unit Development (DR-77-05 MOD). The
modified landscape plan approved the landscaping that had been installed with the exception of
the Raywood Ash trees located on the east and west side of the main entry, from Floating Feather
Road to the gate house and the trees located in close proximity to the overhead power lines within
the berm along Floating Feather Road. The following Site Specific Conditions of Approval
numbers 4 and 5 are the two conditions that the applicant is requesting to be modified:
4. Provide a revised landscape plan showing the Raywood Ash trees located on east and west
sides of the main entry, from Floating Feather Road to the gate house, to be replaced with
Hornbeam trees. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board. The trees shall be replaced within three (3) months of
the approval of this modification. If the trees have not been replaced within three (3) months
of this approval, no building permits or certificate of occupancies will be issued.
5. Provide a revised landscape plan showing the location of the existing overhead power line
located adjacent to Floating Feather Road. The revised landscape plan shall show no trees
larger than Class I to be located within twenty feet (20') of the overhead power line. The
revised landscape plan shall be reviewed and approved by staff and one member of the Design
Review Board. The trees shall be removed and relocated within three (3) months of the
approval of this modification. If the trees have not been replaced within three (3) months of
this approval, no building permits or certificate of occupancies will be issued.
Regarding Site Specific Condition Number 4:
The applicant notes within their justification letter, date stamped by the City on August 6,2009,
that Corrente Bello Planned Unit Development was developed by two separate entities. Gemstar
Properties, LLC, is the developer of Phase I (the western portion of the development) and Corrente
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Bello Estates, LLC is the developer of Phase II (the eastern portion of the development). It is the
applicant and staffs understanding that Phase II of this development is being taken over by the
bank. With that said, Gemstar Properties, LLC, has a surety with the City for the installation of
the Hornbeam trees on the west side of the main entry drive and is willing to install the trees per
the approval ofDR-77-05 MOD; however, with the east side of the main entry drive being
controlled by Corrente Bello Estates, LLC or the bank, it seems in order to provide the look that
the City desires, both developers need to work together for this to be done. Gemstar Properties,
LLC, is requesting approval to leave the Raywood Ash trees located along the west side of the
main entry, from Floating Feather Road to the gate house.
Regarding Site Specific Condition Number 5:
Staff calculated the trees located within the berm in relation to what is required per Eagle City
Code and found that the berm has eighty four (84) trees above and beyond what is required.
Condition number 5, required that any Class I tree located within twenty feet (20') of the overhead
power line be relocated. The number of trees affected by the overhead power line is
approximately seventeen (17) trees. If, in the future, the seventeen (17) trees had to be removed,
the site will still have sixty seven (67) trees above and beyond what is required within the
landscape berm as required within Eagle City Code. The applicant is requesting approval to leave
the trees located within the berm as they exist today and in the future if any of the trees need to be
removed because of the overhead power line, that this maybe done at the discretion of the property
owner.
ST AFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff deferred comment regarding the
required landscaping within this development to the Design Review Board.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 24, 2009, 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 4 to 0 (Koci and Whittaker absent) to approve DR-77-05 MOD2 for a design
review application to modify the common area landscaping within Corrente Bello Planned Unit
Development, with the following 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions ofRZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 (Corrente Bello
Planned Unit Development).
2. The twenty one (21) Crabapple trees located adjacent to Floating Feather Road are an acceptable
mitigation of the Cottonwood tree removed from Lot 24, Block 2.
3. 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.
4. The landscape plan, date stamped by the City of Eagle on August 6,2009, showing the Raywood Ash
trees located along each side of the entrance to the development is approved. Provide a re'lised
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landseape plan showing t-he Ra)~:lood ,^.sh trees loeated Oft east and west sides ofthe fHaift entry, frofH
Floating Feather Road tEl the gate hEll:lse, tEl be replaeed '.'lith Hornbeam trees. The revised landscape
plan shall be re',iewed and approved by staff and ORe fHember Elfthe Design Reyievl Board. The trees
shall be replaeed within three (3) fHoftths of the appro','al ofthis fHodifieation. If the trees ha'/e not
been replaeed within three (3) fHonths of this appf0val, no bl:lilding permits or eertificate of
occl:lpancies '",ill be issl:led.
5. The landscape plan, date stamped by the City of Eagle on August 6, 2009. showing the trees located
within the berm along Floating Feather Road is approved. Provide a revised landseape plan sho'.ving
the location of the existing overhead power line loeated adjaeent to Floating Feather Road. The
revised landseape plan shall show no trees larger than Class I to be loeated within twenty feet (20') of
the overhead power line. The revised landscape plan shall be reviewed and approved by staff and one
fHember Elfthe Design Reviev,' BClard. The trees shall be refHo'/ed aBa relc:Jeated within three (3)
months of the approval of this modifieation. If the trees have not been replaced within three (3)
mOflths of this approval, flO bl:lilaing permits or certifieate of occl:lpancies will be issl:led.
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 a Zoning Certificate for this site.
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.
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
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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.
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 (Le.; 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 Council or 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
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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 ofa 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
Counci1.
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
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
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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 August 6,2009.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-77-05 MOD2) 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.
3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-3-DA (Residential with development agreement) zoning district.
DA TED this 8th of October 2009.
DESIGN REVIEW BOARD
OF~ C TY OF EAGLE.
Ada "1 ' I 0 /
tW(, l,/'V
Eric R. McCullough, Chairman
ATTEST:
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t ) -. -'Sharon K. Bergmann, Eagle City Clerk
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