Loading...
Findings - DR - 2012 - TR-01-12 - Removal Of Trees Within Vigne D' Aquila Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) THE REMOVAL OF TREES WITHIN VIGNE D' ) AQUILA SUBDIVISION FOR TED BIERMA ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER TR-01-12 The above-entitled tree removal application came before the Eagle Design Review Board for their action on July 12, 2012. 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: Ted Bierma is requesting approval to remove four(4)trees located around the existing house located on Lot 5,Block 1, of Vigne D'Aquila Subdivision. The 4.67-acre site is located on the northeast corner of West Beacon Light Road and North Ballantyne Lane at 1964 West Beacon Light Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 2, 2012. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 28, 2007, the Eagle City Council approved a combined preliminary/final plat application for Vigne D'Aquila Subdivision(PP/FP-01-07). On November 20, 2007,the Eagle City Council approved a design review application for the common area landscaping within Vigne D'Aquila Subdivision(DR-72-07). 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 Rural Residential. B. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7(C)Existing Vegetation 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: Page 1 of 8 K:\Planning Dept\Eagle Applications Tree Applications\2012\TR-01-12 Vigne D'Aquila drf.doc Existing Tree Replacement a 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 12 1/4 inches or more l x 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. Example: An eight inch(8")caliper tree is removed, an acceptable replacement would be three (3)4-inch caliper trees or four(4) 3-inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark,branches,or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this section. 3. Grade Changes And Impervious Surfaces:Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line,whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained maybe used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(0)Alternative Methods of Compliance: 1.Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems.Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical.Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a.The sites involve space limitations or unusually shaped parcels; b. Topography, soil,vegetation, or other site conditions are such that full compliance is impossible or impractical; c.Due to a change of use of an existing site,the required buffer yard is larger than can be provided; and d. Safety considerations are involved. 2.Request For Alternative Method Of Compliance:The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified,what project conditions stated within subsection 01 of this section justify using the proposed alternative,and how the proposed alternative equals or exceeds said requirement. Page 2 of 8 K:\Planning Dept\Eagle Applications\Tree Applications\2012\TR-01-12 Vigne D'Aquila drfdoc 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 of retaining 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. C. DISCUSSION: • On November 20, 2007,the Eagle City Council approved a design review application for the common area landscaping within Vigne D'Aquila Subdivision(DR-72-07). As part of the approval of this subdivision,there were numerous trees located on Lot 5, Block 1, of Vigne D'Aquila Subdivision that were to be protected and retained. Per site specific condition of approval number 9, the applicant shall construct protective fencing of chain-link around the critical root zone of the existing trees to be retained prior to demolition or construction(per"Tree Protection Note No. 1"shown on sheet L2.5 of the landscape plan date stamped by the City on September 27, 2007). The construction fencing shall be installed prior to commencing any site work. Cups or damns shall be built within the drip line of each tree in order to retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place within the drip line of the trees. The applicant is requesting approval to remove four(4)of the trees that were shown to be protected and retained on this site. There is an existing residential dwelling located on the site where the four(4)trees are located in close proximity. The applicant has donated the residential dwelling to the Eagle Fire Department so they may perform general training and have training burns. The Eagle Fire Department anticipates conducting training and training burns in the residential dwelling throughout July into the beginning of August. Only three(3)of the four(4) trees the applicant is requesting to be removed were determined to have a value per the Tree Valuation Summary sheets(see attached). Pursuant to the Tree Valuation Summary sheet,the applicant is requesting a total of forty seven and one half(47 1/2)caliper inches of tree to be removed. The monetary value of the requested trees to be removed totals$8,150.00. Pursuant to Eagle City Code, existing trees are to be retained unless removal is approved in writing by the City. Where trees are approved by the City to be removed from the project,replacement with an acceptable species is required. The applicant may also make a financial contribution to the Eagle City Tree Fund in lieu of retaining all trees on site if an alternative method of compliance form is approved. The applicant is uncertain of their plans for the property at this time but anticipates that additional trees may need to be removed from this site in the future. Because of the short timeframe the Eagle Fire Department has to conduct their training within the residential dwelling,the applicant has not made a determination of how the trees are to be mitigated at this time. The applicant is requesting that the method of mitigation be deferred until they have a definite plan for the property and can provide a clear plan of which trees shown on the Tree Valuation Summary sheet as having a value are to be replaced or mitigated. No building permits for any of the lots within Vigne D'Aquila Subdivision should be permitted until the applicant provides a landscape plan showing the tree caliper removed from this site Page 3 of 8 K:\Planning Dept\Eagle Applications\Tree Applications\2012\TR-01-12 Vigne D'Aquila drfdoc replaced within the development or provides financial mitigation. The revised landscape plan showing a total of forty seven and one half(47 '/2)caliper inches of tree replaced on-site or a financial contribution to the Eagle City Tree Fund in the amount of$8,150.00 should be submitted to the City for review and approval prior to the acceptance of any building permits within this development. 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 to consider the application was held before the Design Review Board on July 12, 2012, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 5 to 0(Pascua and Comstock absent)to approve TR-01-12 for a tree removal application to remove four(4)trees located on Lot 5,Block 1, of Vigne D'Aquila Subdivision for Ted Bierma,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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of DR-72-07. 2. If the applicant deviates from the original approved vineyard design,no building permits for any of the lots within Vigne D' Aquila Subdivision shall be permitted until the applicant provides a revised landscape plan to be reviewed and approved by the Design Review Board. : :.• ::-_ -----• . 3. The applicant is permitted to remove the four(4)trees being requested to be removed with this application without any penalty(i.e.: tree caliper replacement or financial contribution). wed - _ - 1 -. - - - . _ .. _ • -- - - , et - .. .. _ . NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior Page 4 of 8 K:\Planning Dept\Eagle Applications\Tree Applications\2012\TR-01-12 Vigne D'Aquila drf.doc 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 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. Encroachments including,but not limited to,landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association, or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. Page 5 of 8 K:\Planning Dept\Eagle Applications\Tree Applications\2012\TR-01-12 Vigne D'Aquila drf.doc 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. 11. 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. 12. 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. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500 gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. 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 prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. 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. 16. 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. 17. 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. 18. 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. Page 6 of 8 K:\Planning Dept\Eagle Applications\Tree Applcations\2012\TR-01-12 Vigne D'Aquila drf.doc 19. Basements in the flood plain are prohibited. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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). 26. 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. 27. 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 July 2, 2012. 2. The Board reviewed the particular facts and circumstances of this proposed tree removal application (TR-01-12) 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 tree removal 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-E-DA(residential estates with development agreement)zoning district. Page 7 of 8 K:\Planning Dept\Eagle Applications\Tree Applications\2012\TR-01-12 Vigne D'Aquila dr£doc DATED this 26th day of July 2012. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho .‹.---.--.-------' / / . r. ... ,: GrS•'... �QORAr c R. McCullough, Chai d•.n GO * : •••'' S % (- 4 A L� ATTEST: 41',7%.` °•'•4Z.O i 71_, a v4-I ivy i2:kft_... Sharon K. Bergmann, Eagle City Clerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 8 of 8 K:\Planning Dept\Eagle Applications\Tree Applications\2012\TR-01-12 Vigne D'Aquila drf.doc