Findings - DR - 2013 - DR-18-13 - Constuct Common Area Landscaping In Lakemoor Subdivision No 3 & 4 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING WITHIN )
LAKEMOOR SUBDIVISION NOS.3 AND 4 FOR )
DMB INVESTMENTS/B.W.,EAGLE,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-18-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 9, 2013. 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:
DMB Investments/B.W., Eagle, Inc., represented by Dan Torfin, is requesting design review
approval of the common area landscaping within Lakemoor Subdivision Nos. 3 and 4. The 37-
acre site is located east of Eagle Road approximately 1%-mile north of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 5, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 1, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 24, 2005, the Eagle City Council approved a preliminary plat application for Lakemoor
Subdivision(PP-3-05).
On October 18, 2005, the Eagle City Council approved a design review application for the
common area landscaping and clubhouse within Lakemoor Subdivision(DR-69-05).
E. COMPANION APPLICATIONS: N/A
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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 Pasture
development agreement)
Proposed No Change No Change Residential
North of site Mixed Use MU-DA(mixed use with Lakemoor Subdivision No.
development agreement) 2 and 3-Residential
South of site Mixed Use R-1 (Residential) Single-family residences
East of site Mixed Use MU-DA(mixed use with Future Eagle Park site
development agreement)
West of site Mixed Use MU-DA(mixed use with Pasture-Future Phases of
development agreement) Lakemoor Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently undeveloped and use as a pasture.
I. SITE DESIGN INFORMATION:
Total Acreage of Site-37-acres
Total Number of Lots-91
Residential- 83
Commercial-0
Industrial-0
Common- 8
Total Number of Units- 83
Single-family- 83
Duplex-0
Multi-family-0
Total Acreage of Any Out-Parcels-0
J. GENERAL SITE DESIGN FEATURES:N/A
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board
Street Trees: Street trees are proposed along all roadways within these phases.
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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: N/A
O. OUTDOOR LIGHTING:
A street 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 is required for
the approval of any signs.
Q. FENCING:
If fencing is to be used, wrought iron is to be utilized. Style,height, etc.to match that which has
been used in previous phases of Lakemoor Subdivision.
A powder coated chainlink fence will be located around the perimeter of the tennis court.
R. PUBLIC SERVICES AVAILABLE:
No preliminary approval letters from Central District Health Department,Eagle Fire Department,
or Eagle Sewer District have been received to date. 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.
S. PUBLIC USES PROPOSED: None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
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W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,which
appear to be of special concern, are noted below:
Chevron Pipe Line—May have issues with planting near the pipeline.
Eagle Fire Department—No opposition.
Idaho Transportation Department—No objection.
X. 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 Mixed Use.
B. PRELIMINARY PLAT PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Design Review Board approval for the landscaping of the entire site(including useable common
area amenities,subdivision signage,street trees,existing trees,pathways,buffer areas,perimeter
fencing, etc.)is required prior to the approval of a final plat. Design Review Board approval for
the landscaping for each commercial pad site is required prior to the issuance of any building
permit for construction on that pad site.Individual lots within this subdivision will be required to
have a minimum of 10%landscaping each.
• The developer shall provide 3-inch minimum caliper shade-class trees(landscape plan to be
reviewed and approved by the Design Review Board)along both sides of all streets within the
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 within the landscape strip
between the concrete sidewalk and back of curb abutting all interior streets. Prior to the City Clerk
signing the final plat for each phase,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 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.
• The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting,construction fencing shall be installed(pursuant to the City
Forester's direction)to protect all trees that are to be preserved,prior to the commencement of any
construction on the site.
C. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(J)(3)(d)
Chainlink fencing,with slats or otherwise,and cedar fencing is prohibited for screening.
• Eagle City Code Section 8-2A-7(J)(4)(a)
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Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100)linear feet of right of way: four(4)
shade trees,five(5) evergreen trees,and twenty four(24) shrubs. Each required shade tree
may be substituted with two(2) flowering/ornamental trees,provided that not more than fifty
percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,
cultured stone,decorative rock,or similarly designed concrete wall,or combination thereof
shall be provided within the buffer area.The maximum slope for any berm shall be three feet
(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 permit
D. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within phases
4 and 5 of Lakemoor Subdivision. Phase 5 of Lakemoor Subdivision was approved to have
private streets with a four foot (4') wide sidewalk on one side of the street. The applicant is
proposing to construct a four foot(4') wide sidewalk on the west side of private street and around
the cul-de-sac.Phase 4 of Lakemoor Subdivision will have five foot(5')wide separated sidewalks
on both sides of the streets.
• The applicant is proposing a tennis court and gazebo in the southwest corner of this development
with associated parking. The applicant indicates a powder coated chainlink fence is to be utilized
around the tennis court. Pursuant to past action by the Board and Council,powder coated fencing
has been permitted around playing courts or ball fields. Staff defers comment regarding the
powder coated chainlink fencing to the Board.
• Staff defers comment regarding the landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on 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-18-13 for a design review
application to construct the common area landscaping within Lakemoor Subdivision Nos. 3 and 4
for DMB Investments/B.W., Eagle,Inc.,with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be
added by the Board.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-3-02/RZ-5-02/PP-3-05 (Lakemoor Subdivision).
2. Provide detailed elevations showing the materials,colors,etc.to be used in the construction of the
gazebo. The detailed elevations shall be reviewed and approved by staff and two members of the
Design Review Board prior to the issuance of a zoning certificate.
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. Powder coated chainlink fencing is permitted around the tennis court.
5. Provide a revised landscape plan showing landscaping within the island located within the cul-de-sac
of the private road shown on Sheet L-2. The revised landscape plan shall be reviewed and approved
by staff and two members of the Design Review Board prior to the City Clerk signing the final plat.
6. Provide a revised landscape plan showing the planting scheme to be planted around the ponds. The
revised landscape plan shall be reviewed and approved by staff and two members of the Design
Review Board 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
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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.
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
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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.
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
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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 April 5, 2013.
2. Requests for agencies' reviews were transmitted on May 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-18-13) 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 23r1 day of May 2013.
DESIGN REVIEW BOARD
OF THE CIT ,,•F EAGLE
Ada C unty,I. c o
Eri R. McCullough, Chairman a1�,,,,,•,,1 't` •,,``a
ATTEST: ;• CO' p `•0y `
0 r :f:, 1
i 7 • r--
• ' ..,,.rc? •` •
Sharon K. Bergmann, Eagle City Jerk "a �,, °°•°°•°°
'''.� Ii)A 1-1 U
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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