Findings - DR - 2014 - DR-30-05 MOD - Modify The Landscaping At The Entrance To Laguna Pointe Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR TO MODIFY )
THE LANDSCAPING AT THE ENTRANCE TO )
LAGUNA POINTE SUBDIVISION FOR LAGUNA )
POINT HOME OWNERS ASSOICATION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-30-05 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 11, 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:
Laguna Pointe Home Owners Association, represented by Paul Norberg with Harvest Design, is
requesting design review approval to modify the landscaping at the entrance to Laguna Pointe
Subdivision. The site is located on the east side of South Eagle Road on the north and south sides
of East River Meadow Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 16, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 27, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 2004, the Eagle City Council approved an annexation, rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Laguna Pointe PUD (A-2-
03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-03).
On June 28, 2005, the Eagle City Council approved a design review application for the common
area landscaping within Laguna Pointe Subdivision(DR-30-05).
On June 20, 2006, the Eagle City Council approved a final development plan and final plat
application for Laguna Pointe Subdivision(FPUD-1-06 and FP-2-06).
On January 9, 2007, the Eagle City Council approved the Entry Feature and Monument Sign for
Laguna Pointe Subdivision(DR-109-06).
On February 12, 2008, the Eagle City Council approved a design review sign application
modifying the entry signage for Laguna Pointe Subdivision(DR-109-06 MOD).
E. COMPANION APPLICATIONS:None
F. EXISTING SITE CHARACTERISTICS: There are six(6)existing water falls;three(3)on each side of
the main entry road. There is extensive landscaping on and around each of the water falls.
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G. BUILDING DESIGN FEATURES: N/A
H. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees that the applicant
plans on retaining and some that are to be moved to other locations on-site.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: Street trees were installed with each residential dwelling prior to certificate of
occupancy.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
I. OUTDOOR LIGHTING:No Changes
J. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
K. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
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.
L. PUBLIC USES PROPOSED:None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. 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
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O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
P. 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:
Ada County Highway District
Central District Health
Eagle Fire Department
Idaho Transportation Department
Republic Services
Settlers Irrigation District
Tesoro Logistics NW Pipeline
Q. 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: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
C. DISCUSSION:
• The applicant is requesting design review approval to change the landscaping and water features at
the entrance to Laguna Pointe Subdivision. Currently there are six(6)waterfalls(three(3)on the
north side and three(3)on the south side of East River Meadow Drive). There is extensive
landscaping located around and on top of the entry features of this development. The applicant is
proposing to retain most of the existing landscaping in its current location or to move it on-site
within the entry area.
The major modification to the entry is the removal of several of the waterfalls. Pursuant to the
representative's justification letter,there have been problems with the operation of the waterfalls
and the cost associated with running and maintaining them has been quite extensive. The
applicant is requesting approval to remove five(5)of the six(6)waterfalls and to modify the
remaining waterfall to cascade down into a couple other waterfalls on the east side of the entry
feature. The moats at the base of the six(6)existing waterfalls are to be filled in and boulders
added to create planter areas and to help cover up the waterfall cavities as much as possible. These
areas are to be planted with Columnar White Pine trees and small plantings. The landscaping at
around the base of the entry features is to be modified and updated to reflect the changes being
made to the waterfalls.
A new water feature is proposed on the southwest corner of East River Meadow Drive and South
Woodlet Way with new landscaping around the base of it. A new raised landscape bed is
proposed at the southeast corner of East River Meadow Drive and Eagle Road for a future sign for
this development.
• Staff defers comment regarding the modifications to the entry feature and the proposed
landscaping 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 December 11,
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 4 to 0 (Grubb, Martin, and Hash absent)to approve DR-30-05 MOD for a design
review application to modify the landscaping at the entrance to Laguna Pointe Subdivision for
Laguna Pointe Home Owners Association, 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. Any lights used to illuminate the waterfall, water feature, and landscaping shall be screened or located
so they do not shine onto the roadway or onto any nearby property. The light fixtures shall be
concealed or screened with perimeter landscaping providing a 12 month screen of sufficient height and
density to conceal such fixtures.
2. No ground mounted mechanical units,pumps, etc. are proposed with this application and none are
approved.
3. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on this site.
4. Prior to the issuance of a zoning certificate,the barb wire fence located adjacent to the pathway shall
be removed.
5. If fencing adjacent to the pathway or along any common area is desired by the applicant, a site plan
showing the location and detailed cut sheets showing the style, height, color, etc. in compliance with
Eagle City Code shall be submitted to the City. The site plan and detailed cut sheets shall be reviewed
and approved by the Design Review Board prior to the installation of said fence.
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.
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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.
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
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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 Depai lnient 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.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code, and all applicable
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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 October 16, 2014.
2. Requests for agencies' reviews were transmitted on October 27, 2014, 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-30-05 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-E-DA-P (Residential-Estates PUD with development agreement) and R-2-DA-P (Residential
PUD with development agreement)zoning district.
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DATED this 8th day of January 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE dt
Ada County, aho V 4011AP. •4.,,,_,___
RAert Grubb, Chairman i�__.:-l'
ATTEST:
Skru,1_' Y 1 °NIA bk-PA-k441 ejd__V((.. 40
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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