Findings - DR - 2014 - DR-47-12 MOD - Modify The Common Area Landscaping In Countryland Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY )
THE COMMON AREA LANDSCAPING )
WITHIN COUNTRYLAND SUBDIVISION )
FOR NORTHSIDE MANAGEMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-47-12 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 12, 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:
Northside Management, represented by Scott Noriyuki, is requesting design review approval to
modify the common area landscaping within Countryland Subdivision. The 6.6-acre site is located
north of West State Street between Timberland and Countryside Estates Subdivision,
approximately 700-feet west of Ballantyne Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 21, 2014.
C. NOTICE OF AGENCIES' REVIEW:N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2007,the Eagle City Council approved a comprehensive plan amendment,
annexation, rezone with development agreement and a 16-lot preliminary plat for Countryland
Subdivision (CPA-03-06/A-09-06/RZ-10-06/PP-11-06).
On April 10, 2007,the Eagle City Council approved a design review application for Countryland
Subdivision(DR-08-07).
On February 12, 2008, Eagle City Council approved an extension of time application for
Countryland Subdivision to be valid until January 9, 2009 (PP-11-06 EXT).
On October 28, 2008,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2010 (EXT-18-08).
On January 26, 2010,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2011 (EXT-01-10).
On January 25, 2011,the City Council approved an extension of time application for Countryland
Subdivision to be valid until January 9, 2012(EXT-01-11).
On February 19, 2013,the Eagle Planning and Zoning Commission approved a modification to the
development agreement and preliminary plan associated with Countryland Subdivision(RZ-10-06
MOD and PP-11-06 MOD).
On June 25, 2013, the Eagle City Council approved a final plat application for Countryland
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Subdivision(FP-02-13).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential R-2-DA(Residential with a Single-family dwellings
Development Agreement
maximum of 1.97 units per
acre)
Proposed No Change No Change No Change
North of site Residential One(up to R-1 (Residential) Redwood Creek
one dwelling units per Subdivision
acre maximum
South of site Residential One(up to RUT(Ada County Single-family dwellings
one dwelling units per Designation)
acre maximum
East of site Residential Two(up to R-2(Residential) Countryside Estates
Two dwelling units per Subdivision
acre maximum)
West of site Residential One(up to R-1 (Residential) Timberland Subdivision
one dwelling units per
acre maximum
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The subdivision has been completed with curb, gutter,
sidewalk, roads, and the required landscaping.
I. SITE DESIGN INFORMATION:
Total Acreage of Site—6.6-acres
Total Number of Lots— 17
Residential— 13
Commercial—0
Industrial—0
Common—4
Total Number of Units-
Single-family— 13
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 1.97-units per acre Two units per acre maximum
Minimum Lot Size 12,910-square feet 17,000-square feet
Minimum Lot Width 92-feet 75-feet
Minimum Street Frontage 41-feet 35-feet
Total Acreage of Common Area 0.78-acres(33,997-square feet) 28,750-square feet minimum
Percent of Site as Common Area 11.8% (excludes planter strips) 10%minimum
J. GENERAL SITE DESIGN FEATURES: Two trellis structures where previously approved and have
been constructed within this development.
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees on this site which
are to be retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees were reviewed and approved within the previous application and are to be
installed with the completion of each residential dwelling prior to the issuance of a certificate of
occupancy.
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: The streetlights within this development have been installed pursuant to the
approved plans.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
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Q. FENCING: The fencing that was previously approved has been installed pursuant to the approved
plans.
R. PUBLIC SERVICES AVAILABLE:N/A
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
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:N/A
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:
• Residential Transition
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing and proposed uses.
Commonly requires changes to lot dimensions and scaling, see specific planning areas for a
complete description.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: None
C. DISCUSSION:
• On March 28, 2013,the Eagle Design Review Board approved the common area landscaping
within Countryland Subdivision. A storm drain retention pond was proposed on the northwest
corner of West Skywood Drive and North Timber Wolf Place. The approved landscape plans
showed the storm drain retention pond to have grass in the bottom of the retention pond. On
March 25, 2014, Eagle City Staff completed a site inspection of the required landscaping within
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Countryland Subdivision and found the storm drain retention area was constructed with sand in the
base of the two retention pond areas. The applicant has submitted a design review application
requesting approval to modify the common area landscaping within and around the retention pond
area. The modification is requesting approval of sand in the base of the retention ponds and the
addition of trees, shrubs, and vertical grasses around the perimeter of the retention pond area.
Pursuant to the applicant's justification letter, date stamped by the City on April 21, 2014,the
reason sand was placed in the bottom of the retention pond areas is based on ACHD having
changed their policies between the original design review approval of this project and their review
of the construction plans for this development. Staff defers comment regarding the proposed
modifications to the common area 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 June 12, 2014, 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 (Martin and Hash absent)to approve DR-47-12 MOD for a design review
application to modify the common area landscaping within Countryland Subdivision for Northside
Management,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. Complete all the required improvements listed within the e-mail from staff dated March 26, 2014. The
required improvements shall be completed prior to the city releasing the surety for the cost of these
improvements.
2. 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.
3. Provide a revised landscape plan showing the existing conditions of the drainage swale which includes
sand windows in the base of the two drainage swales and a grass berm between the two drainage
swales. The revised landscape plan shall be reviewed and approved by staff prior to the landscape
improvements being completed on-site.
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
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issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed,routed, covered or changed in any way unless such obstruction,rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
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The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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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 April 21, 2014.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-47-12 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-2-DA (residential with development agreement)zoning district.
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DATED this 26th day of June 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Count daho
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Sharon K. Bergmann, Eagle City Cler '••,,,,,,,,,,,,,,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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