Findings - DR - 2014 - DR-66-13 - Construct The Common Area Landscaping In Syringa Subdivision No. 1 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING WITHIN SYRINGA )
SUBDIVISION NO. 1 FOR SCS BRIGHTON LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-66-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 9, 2014. 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:
SCS Brighton LLC,represented by Michael Wardle, is requesting design review approval to
construct the common area landscaping within Syringa Subdivision No. 1. The 62.43-acre site is
located on the north side of West Floating Feather Road approximately 1,300-feet west of
Lanewood Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 26, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 13, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 9, 2013, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, and preliminary plat applications for Syringa Subdivision (A-01-
13/RZ-01-13/CI-01-13/PPID-01-13/PP-01-13).
E. COMPANION APPLICATIONS: DR-71-13 (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 Residential Two(up to RUT(Ada County Agricultural
two units/acre) Designation)
Proposed No Change R-3-DA-P(Residential Single-Family, Residential
maximum three units/acre Planned Unit Development
with a development agreement
and a planned unit
development)
North of site Residential Two(up to RUT(Ada County Single-Family Residence
two units/acre) Designation) and Agricultural
South of site Residential Two(up to R-2-DA-P (Residential Legacy Development
two units/acre) maximum two units/acre with (Mosca Seca Subdivision)
a development agreement and
a planned unit development)
East of site Residential Two (up to RUT(Ada County Agricultural
two units/acre) Designation)
West of site Residential Two (up to R-2-DA(Residential Agricultural
two units/acre) maximum two units/acre with
a development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
I. SITE DESIGN INFORMATION:
Total Acreage of Site—63.57-acres
Total Number of Lots— 142
Residential— 128
Commercial—0
Industrial—0
Common— 14
Total Number of Units— 128
Single-family— 128
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.01-dwelling units per acre Up to two (2)units per acre
maximum
Minimum Lot Size 10,200-square feet 10,000-square feet
(Except that a decrease of
minimum lot size in a
subdivision may be allowed if
there is an offsetting increase of
the same square-footage in open
space and a planned unit
development is applied for and
approved -per ECC Section 8-
6-5-5 [A]).
Minimum Lot Width 80-feet 75-feet(minimum)
Minimum Street Frontage 20.3-feet(Lot 6, Block 2)* 35-feet(minimum)
Total Acreage of Common Area 12.51-acres 12.71-acres(minimum)
Open Space
Percent of Site as Common 19.67% 20%
Area Open Space Except that, according to ECC
Section 9-3-8 (C)the City may
require additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or more
lots.
*Note — A reduction of lot width and street frontages may be permitted provided a planned unit
development is approved.
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on April 17, 2013, shows a 50-foot wide
common lot located adjacent to West Floating Feather Road. West Floating Feather Road
is designated as a minor arterial. Pursuant to Eagle City Code Section 8-2A-7 (J) (4) (b) a
50-foot wide landscape strip is required adjacent to minor arterials to be buffered from
streets, classified as collectors, arterials, freeways, or expressways, to protect residential
communities from noisy, potentially dangerous, high speed roads.
Open Space:
A total of 12.51-acres (19.67%) of common area is proposed within the planned unit
development. The common area is a combination of large common lots, linear pathways,
road buffer areas, and street landscape islands. A minimum of 20% open space is required
within a planned unit development. The applicant will be required to provide a revised
preliminary plat showing a minimum of 12.71-acres (20%) open space prior to submittal
of a final plat application.
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Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide,
except that lesser easement widths, to coincide with respective setbacks, may be
considered as part of the planned unit development. The applicant provided a preliminary
plat, date stamped by the City on April 17, 2013, which contains separate plat notes that
reference the front and rear property lines have a 12-foot wide utility easement. The
preliminary also contains a separate plat note referencing that the interior side lot lines
have a 5-foot wide easement for public utilities, property drainage, and pressurized
irrigation.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located adjacent to
the Dry Creek Canal located at the southwest corner of the development.
Tree Replacement Calculations:N/A
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
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M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS: N/A
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 is required for
the approval of any signs.
Q. FENCING:
The applicant is proposing to use a five foot(5')high wrought iron fence adjacent to common
areas.
R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have 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.
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—yes—adjacent to Dry Creek Canal
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
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Eagle Fire Department
Eagle Sewer District
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Idaho Transportation Department
United Water
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:
• Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as
the following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(M)(3)
Within residential developments one shade class(class II)tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight
foot(8')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.
C. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Syringa Subdivision No. 1, a 22.88-acre development with 52-lots(48-buildable and 4-common).
The Dry Creek Canal runs through the southwest corner of this phase, which is to remain open.
There are existing trees along the canal but not anywhere else within this phase or future phases of
the development. There are no structures or useable common areas proposed within this phase of
the development.
• There are several areas within the development that do not have street trees proposed between the
sidewalk and curb because of the storm drain facilities proposed within those areas. Pursuant to
Eagle City Code, street trees are to be installed generally at each front lot corner between the
sidewalk and the curb. It is staffs opinion that the applicant should be required to provide a
revised landscape plan showing street trees behind the separated sidewalk in locations where there
is a conflict with the storm drain system. The revised landscape plan should be reviewed and
approved by staff prior to the City Clerk signing the final plat.
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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 January 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 3 to 0 (McCullough, Grubb, Hull, and Hash absent)to approve DR-66-13 for a
design review application to construct the common area landscaping within Syringa Subdivision
No. 1 for SCS Brighton LLC, 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of Syringa Subdivision(A-01-13/RZ-01-13/CU-01-13/PPUD-
01-13/PP-01-13).
2. Provide a revised landscape plan showing street trees behind the separated sidewalk in locations where
there is a conflict with the storm drain system. The revised landscape plan shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
3. Provide a revised landscape plan showing the landscaping within the required buffer area along
Floating Feather Road to extend within 9-feet from the edge of pavement. The 9-feet between the
landscaping and edge of pavement(along the entire frontage of this site) shall be graveled as approved
by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. The
revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final
plat.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of any entry signage and/or entry features for this development.
6. Provide revised landscape plans providing a note stating"Contractors are responsible to prune all
lower branches on deciduous trees (adjacent to roadways)up to a minimum of 8-feet from existing
surfaces". The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
7. The fencing plan received by the City on January 9, 2014, is unanimously approved.
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,
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gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
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.
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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
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
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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).
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 November 26, 2013.
2. Requests for agencies' reviews were transmitted on December 13, 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-66-13) 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,
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for the R-3-DA-P (Residential three with a development agreement plan unit development) zoning
district.
DATED this 23rd day of January 2014.
DESIGN REVIEW BOARD
OF THE CITY O EAGLE
Ada Coun , Ida
Robert Grubb, Chairman .••'‘p� ,,,,
44,: v • 4 :
ATTEST: 2 u avid'
•••�
4( S
haron . Bergmann, Eagle City Clerk ,''•aan,.es•`'�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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