Findings - DR - 2013 - DR-14-13 - Common Area Landscaping And Pool Huse In Reynard Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING AND POOL HOUSE WITHIN REYNARD)
SUBDIVSION FOR FOXTAIL PARTNERS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-14-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 25, 2013. The Board continued this item to May 9, 2013, and made their decision at that time.
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:
Foxtail Partners,LLC,represented by Mark Tate,are requesting design review approval of the
common area landscaping and pool house within Reynard Subdivision. The 80.02-acre site is
located on the north side of West Chinden Boulevard approximately 1,300-feet east of Linder
Road at 990 West Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 26, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 1, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 16, 2008, the Eagle City Council approved a comprehensive plan map and text
amendment and an annexation and rezone with development agreement (CPA-5-08 & A-03-08 &
RZ-8-08).
On March 9, 2010, the Eagle City Council approved a comprehensive plan map amendment and
an annexation and rezone with development agreement(CPA-07-08/A-05-08 and RZ-11-08).
E. COMPANION APPLICATIONS: DR-15-13 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Golf course
Development Agreement)
Proposed No Change No change Proposed residential and
commercial development
North of site Residential Estates RUT and RI (Ada County Winward River Heights,
designations) Bodily&Bunderson
Springs Residential
Subdivisions
South of site Meridian AOI RUT(Rural-Urban Transition Vacant Parcels
Ada County designation)
East of site Transitional Residential R1 (Ada County designation) Foxtail Subdivision and
and MU-DA(Mixed Use with agricultural ground that is
a development agreement) proposed for residential
development
West of site Residential Estates, RUT(Rural-Urban Vacant Parcel,Bodily&
Transitional Residential, Transition—Ada County Bunderson Spring
Commercial designation),Rl (Ada County Subdivision No. 2, Eagle
designation),and C-3-DA Island Marketplace
(Commercial Highway commercial development
District with Development
Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has been operating as a golf course since 1993. There are several buildings (i.e.:
clubhouse, storage buildings, pump houses, etc.) located throughout the site. There are numerous
trees that line the edges of the fairways and along the frontage of Chinden Boulevard.
I. SITE DESIGN INFORMATION:
Total Acreage of Site—80.02-acres
Total Number of Lots—241
Residential—206
Commercial—2
Industrial—0
Common—33
Total Number of Units—
Single-family—206
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One pool house.
Height and Number of Stories of Proposed Buildings: 15' 1/2"; one story.
Gross Floor Area of Proposed Buildings: 825-square feet.
On and Off-Site Circulation: N/A
K. BUILDING DESIGN FEATURES:
Roof:Architectural Asphalt Shingles
Walls:Fiber Cement hardi siding,natural stone.
Windows/Doors:Wood doors,aluminum windows.
Fascia/Trim:Fiber cement hardi trim.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 498 trees located throughout the
site. The applicant has provided a plan"Reynard Existing Tree Plan", date stamped by the City on
March 26, 2013, which shows the location of all 498 trees and if the trees are to be retained,
relocated on site,undesirable,unhealthy and/or removed.
Tree Replacement Calculations: See discussion below under staff analysis regarding tree
replacement.
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees throughout the entire development to be
planted between the back of curb and the separated sidewalk.
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:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping and 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 Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-15-13)has
been submitted for the approval of the entry signage for this development.
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Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Central District Health Department has been received by the
City. A water service approval has not been received to date. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees — yes - the property was previously utilized as a golf course (Foxtail Golf Course)
and contains several mature trees located throughout the property.
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Boise River Flood Control District#10—Outside their jurisdiction.
Central District Health—No objections.
Chevron Pipe Line—No conflicts.
Idaho Transportation Department—No objections.A detailed plan and formal permit are required
for any landscaping within the right-of-way.
Settlers Irrigation District—Developer shall contact the districtfor comments and approval.
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 (adopted February 7, 2011), designates this site as the
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following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial and
residential developments. Uses should complement uses within Downtown Eagle.
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. An allowable density of up to 10 units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4.2 Owners shall construct a minimum 6-foot concrete sidewalk along Chinden Boulevard compliant
with the Americans with Disabilities Act.
3.13 Foxtail shall construct a ten(10) foot high landscaped berm along the western boundary of Lot
2, Block 2, and Lot 3, Block 2, of the Foxtail Subdivision if the owners of either such lots so
request,in writing,prior to Eagle's approval of a design review application for development
immediately adjacent to Foxtail Subdivision. If such owners both request construction of such
berm,the berm shall be located on the Property. Foxtail shall be required to landscape the ten
(10) foot high berm pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). If such berm is
constructed as provided in this Section,the proposed landscape plan shall be reviewed and
approved by the Eagle Design Review Board prior to the approval of a final plat application for
any development immediately adjacent to Foxtail Subdivision.
C. PRELIMINARY PLAT PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The applicant shall submit a Design Review application with a landscape plan showing the
required improvements (berming, landscaping, sidewalk, and irrigation pumphouse) within the
common lots pursuant to Eagle City Code 8-2A to be reviewed and approved by the Design
Review Board prior to the submittal of a final plat application.
• The developer shall provide shade-class trees (landscape plan to be reviewed and approved by
the Design Review Board) along both sides of all streets within this development. Trees shall be
placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant
shall either install the required trees,sod, and irrigation or provide the City with a letter of credit
for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall
be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy
may be issued if weather does not permit landscaping.
• All living trees that do not encroach upon the buildable area on any lot shall be preserved,unless
otherwise determined by the Design Review Board. 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 Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed(pursuant to the Design Review
Board's direction)to protect all trees that are to be preserved,prior to the commencement of any
construction on the site.
D. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(B)(3)Fences:
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a.Vinyl: integral color required;
b. Block(with columns);
c. Brick(with columns);
d. Wrought iron;
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted
• 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:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx 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(J)(4)(c)
Any road designated as a principal arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100)linear feet of right of way: six(6)
shade trees,ten(10) evergreen trees,four(4) flowering/ornamental trees,and twenty four(24)
shrubs. Each required shade tree may be substituted with two(2) flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot(10')high, maximum twelve foot(12')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(M)Parkway Strips, Separated Sidewalks,and Street Trees:
1. Except as may otherwise be required within the DDA,TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets.Meandering sidewalks shall be required
when space permits.An average five foot(5')wide minimum parkway planter strip planted
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with shade class(class II or class III)trees shall be required between the sidewalk and street to
provide a canopy effect over streets.
2. In all required applications, excluding residential developments,one street tree,selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five(35)
linear feet of street frontage.
3. Within residential developments one shade class(class II or class III)tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all streets
within the five foot(5')wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the distance
between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of
street frontage.
4. In all cases,any 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(0)Alternative Methods of Complinace:
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.
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.
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E. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-10 Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material.Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8-2A-7J of this code. Chainlink,cedar,and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC&Rs shall be created for the regulation of fences to this
effect.
• Eagle City Code Section 9-4-1-6(D)
Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed
1. The paved portion of the pathway may range from six feet(6')to ten feet(10')in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet(8')wide and shall be located within a
sixteen foot(16')wide pedestrian access easement,however,in an area where low volume
pedestrian traffic is anticipated,the council may consider a reduction in pathway width to
six feet(6').Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet(10')wide and shall be located
within a twenty foot(20')wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles,wheelchairs and other modes of travel.
3. A five foot(5')wide landscaped area/building and fence setback,as measured from
both edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s)or a homeowners'association unless accepted by a public entity. The
five foot(5')wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2')wide(as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however,the total width of the
landscape area shall not be less than ten feet(10')(i.e., 2 feet on one side of the path and 8
feet on the other).For safety purposes,planting material in this area is limited to three feet
(3')in height.The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are to be
used as guides:the"Bicycle Pedestrian Design Manual" for Ada County,the"Design
Guide For Accessible Outdoor Recreation", and the "Guide For The Development Of
Bicycle Facilities",or other nationally recognized design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface.The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches(24")long by twenty four inches(24")deep. Each panel shall have no less
than four(4)vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-
half inch('/2")at ninety degrees(90°)from the interior of the panel, spaced six inches(6")
apart.A minimum of nine(9)antilift tabs,three(3) each between the vertical ribs, shall be
integrated into each panel,measuring a minimum of 0.085 inch thickness and protruding
three-eighths inch(3/8")from the panel wall.An integrated joining system shall be
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employed for instant assembly by sliding one panel into the other.An alternative type
barrier system of equal root penetrative resistance may be considered on a case by case
basis,subject to the approval of the zoning administrator.
6. In order to design for crime prevention,the following design standards will be followed
a. The use of"see through",open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
b. Adequate lighting may be provided as determined by Eagle city council and may be
owned and maintained by the city of Eagle once the path is turned over to the city for
maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
7. Consideration shall be given to off street parking where paths connect to popular
destination points such as the Boise River greenbelt,and nearby streets may become
congested with vehicles parked by pathway users.Where pathway links connect to major
public open space that require vehicular parking,the council may request the developer to
designate land to be purchased and maintained by the appropriate public authority for
public parking.Buffering of surrounding residential uses shall be considered in the area
for purchase.
F. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping and pool
house within Reynard Subdivision, an 80-acre development with 241-lots(206-buildable,2-
commercial and 33-common).The property has been operating as a golf course since 1993. The
proposed development includes a pool house with large pool and tot pool,tot lot,ponds,pathways
interconnecting throughout the development. The architectural style of the pool house is proposed
to be craftsman, including fiber cement hardi siding,wood doors,aluminum windows,hardi trim,
and stone wainscoting.
• There are 498 trees that line the edges of the fairways and the frontage of Chinden Boulevard. The
applicant has submitted an alternative method of compliance request form requesting that the
caliper of trees being removed from this site not be required to be replaced on site per Eagle City
Code based on the topography of the site. The applicant has provided an extensive survey of all
the trees located on this site indicating the caliper,tree condition, if the tree can be retained,moved
on site,or if the tree is undesirable due to health,type of tree,or location. The Reynard Existing
Tree Plan shows 84 trees to be relocated or retained on site. The remaining 414 trees are proposed
to be removed due to them being unhealthy,undesirable,or located where future improvements
are to be located. Pursuant to the applicant's justification letter with regard to the tree mitigation,
most of the trees will need to be removed in order to accommodate proper drainage and grading of
the site. Based on the tree report indicating trees to be removed,retained, or relocated, staff has
determined that a total of 3,509.5-caliper of trees are proposed to be removed from this site. If the
applicant were required to replace 3,509.5-caliper of tree on site,that would require the applicant
to plant an additional 1,403 trees above and beyond what is already required to be planted within
this development. Staff defers comment regarding tree mitigation to the Design Review Board.
• The landscape plan date stamped by the City on March 26, 2013, shows twenty one(21)
deciduous trees,twenty one(21) evergreen trees,and zero(0) flowering trees within seventy five
(75) foot wide landscape buffer along the entire Chinden Boulevard frontage. Pursuant to Eagle
City Code, a total of fifty four(54)deciduous trees,ninety(90) evergreen trees,and thirty six(36)
flowering/ornamental trees are required along the entire residential portion of this development
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(900-LF). The applicant should be required to provide a revised landscape plan showing a total of
fifty four(54)deciduous trees,ninety(90)evergreen trees,and thirty six(36)
flowering/ornamental trees along the residential portion of this development(approximately 900-
LF). The revised landscape plan should be reviewed and approved by the Design Review Board
prior to the City Clerk signing the final plat.
• Sheets L3.1 and L3.2 of the landscape plans,date stamped by the City on March 26, 2013, show a
decorative wall to be located along the frontage of Chinden Boulevard. Sheet L6.2, detail 2.9,
shows a ten(10)foot high berm,however the cross section does not show the wall being
incorporated into the berm. The applicant should be required to provide a revised landscape plan
showing the decorative wall incorporated into the ten(10)foot high berm. The revised landscape
plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing
the final plat.
• The landscape plans, date stamped by the City on March 26, 2013, do not show street trees along
all the internal street of this development.Pursuant to Eagle City Code, street trees are required to
be planted within the planter strips between the sidewalk and back of curb. Street trees are
required to be planted every thirty five(35) linear feet of street frontage. The applicant should be
required to provide a revised landscape plan showing street trees planted within the planter strips
every thirty five(35)linear feet of street frontage on all streets with the exception of the planter
strips adjacent to the residential lots. The revised landscape plans should be reviewed and
approved by the Design Review Board prior to the City Clerk signing the final plat.
• Sheet L3.1 of the landscape plans, date stamped by the City on March 26,2013, does not show
street trees to be planted adjacent to the two commercial lots located to the west of the main entry
along Chinden Boulevard. Pursuant to Eagle City Code, street trees are required to be planted
every thirty five(35)linear feet of street frontage. The applicant should be required to provide a
revised landscape plan showing street trees to be planted every thirty five(35) linear feet of
frontage adjacent to the two commercial lots abutting Chinden Boulevard. The revised landscape
plan should be reviewed and approved by the Design Review Board prior to the City Clerk signing
the final plat.
• Sheet L0.2 of the landscape plans, date stamped by the City on March 26,2013, shows an
upgraded cedar fence to be constructed adjacent to the common areas within this development
(detail shown on L6.4). Pursuant to Eagle City Code, any fencing located adjacent to common
area open spaces and on the street side of all corner lots shall be an open fencing style such as
wrought iron or other similar decorative style,durable fencing material. In addition, cedar, fir and
similar high maintenance and/or maintenance and/or unsightly fencing is not permitted. The
applicant should be required to provide a revised landscape plan showing fencing of an open style
adjacent to common area open spaces and on the street side of all corner lots. The revised
landscape plan should be reviewed and approved by the Design Review Board prior to the City
Clerk signing the final plat.
• Pursuant to the development agreement, a ten(10) foot high landscape berm along the eastern
boundary of Lot 1,Block 3, of Reynard Subdivision, is required to be installed if the adjacent
property owners of Foxtail Subdivision(Lot 2,Block 2, and Lot 3,Block 2)request,in writing,
prior to the Eagle's approval of a design review application for this property. The applicant should
be required to provide a revised landscape plan showing a ten(10)foot high landscape berm along
the eastern boundary of Lot 1, Block 3, of Reynard Subdivision. The revised landscape plan
should be reviewed and approved by the Design Review Board prior to the City Clerk signing the
final plat.
• Staff defers comment regarding building design and colors to the Design Review Board.
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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 April 25, 2013.
The Board continued the item to May 9, 2013, 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 (McCullough and Hull absent)to approve DR-14-13 for a design review
application for the common area landscaping and pool house within Reynard Subdivision for
Foxtail Partners,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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. ' . ._ . -- _. ._ . ... - .... , •!•2. ' _ _. ., . _. .: - - -: : ---- • - • .; -- • - - - = - ! --
3. ' . ._ . _ .._ . . : _ - •.
4. Provide a revised landscape plan showing fencing of an open style adjacent to common area open
spaces and on the street side of all corner lots. The revised landscape plan shall be reviewed and
approved by the Design Review Board prior to the City Clerk signing the final plat.
5. Provide a revised landscape plan showing street trees to be planted every thirty five(35)linear feet of
frontage adjacent to the two commercial lots abutting Chinden Boulevard. The revised landscape plan
shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final
plat.
6. ' _ _. ! .- -.._ - _--
... .. .. - .- , . _. .. • _ • _.
7. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan
review.
9. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building.
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10. No signs are proposed with this application. A separate design review application(DR-85-07)has been
submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
11. The landscape plan, date stamped by the City on May 1, 2013, showing the landscape buffer along
Chinden Boulevard is approved.
12. The alternative method of compliance with regard to the tree mitigation is approved. No additional
trees are required to mitigate the trees that are being removed from this site.
13. Provide a revised landscape plan showing the ten(10) foot high landscape berm along the eastern
boundary of Lot 1, Block 3, of Reynard Subdivision to be planted with the same quantity of trees as is
approved along Chinden Boulevard(a minimum of twelve trees per one hundred linear feet). The
revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final
plat.
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
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.
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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.
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
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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.
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).
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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 March 26, 2013.
2. Requests for agencies'reviews were transmitted on April 1, 2013, 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-14-13) 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.
DATED this 23rd day of May 2013.
DESIGN REVIEW BOARD
OF THE CITY 0 AGLE
Ada Co, Id
1
r i
Eric ' . McCullough, Chairman ,.••``'I!!!!'!l,•,
CITY
• es•o..„s .y
4 ;''Co1p �,•
•ATTEST: 0
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Sharon
K. Bergmann, �Eagle Cit Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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