Findings - DR - 2015 - DR-04-11 MOD 5 - Common Area Landsccaping In Henry's Fork Subdivision No 4BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN HENRY'S FORK )
SUBDIVISION NO.4 FOR HENRY'S FORK, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -04 -11 MOD 5
The above - entitled design review application came before the Eagle Design Review Board for their action
on October 8, 2015. 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:
Henry's Fork, LLC, represented by Rodney Evans with Breckon Land Design, is requesting design
review approval to modify the common area landscaping within Henry's Fork Subdivision No. 4.
The 21.2 -acre site is located on the west side of North Meridian Road approximately 1,880 -feet
north of West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 2, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 9, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 21, 2006, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition -Ada County designation) to R -2 -DA (Residential two units per acre with a
development agreement) and preliminary plat for Park Place Gardens Subdivision for Park Place
Partners, LLC (A-08-05/RZ- 1 2-05/PP- 11-05).
On April 11, 2006, the Eagle City Council approved a design review application for the common
area landscaping and clubhouse within Park Place Gardens Subdivision (DR- 22 -06).
On October 24, 2006, the City Council approved a final plat for Shaunessy Subdivision (formerly
Park Place Gardens) (FP- 03 -06).
On October 23, 2007, the Eagle City Council approved an extension of time for Shaunessy
Subdivision (formerly Park Place Gardens) to be valid until October 24, 2008 (EXT- 02 -07).
On October 14, 2008, the City Council approved an extension of time for sixty (60) days for
Shaunessy Subdivision (formerly Park Place Gardens) to allow the applicant to remove weeds
growing on the site. Upon the removal of the weeds the City Council granted an extension of time
for Shaunessy Subdivision (formerly Park Place Gardens) to be valid until October 24, 2009
(EXT- 14 -08).
On November 10, 2009, the City Council approved an extension of time for Shaunessy
Subdivision (formerly Park Place Gardens) to be valid until October 24, 2010 (EXT- 20 -09).
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October 12, 2010, the City Council approved an extension of time of the final plat for Shaunessy
Subdivision (formerly Park Place Gardens) to be valid until October 24, 2011 (EXT- 08 -10).
On June 14, 2011, the City Council approved a design review application for the common area
landscaping, pool house, and pump house for Shaunessy Subdivision (DR- 04 -11).
On June 14, 2011, the City Council approved two (2) monuments signs for Shaunessy
Subdivision (DR- 05 -11).
On August 14, 2012, the City Council approved an extension of time of the preliminary plat for
Shaunessy Subdivision (formerly Park Place Gardens) to be valid until October 24, 2013 (EXT-
06-12).
On August 14, 2012, the City Council approved a final plat for Henry's Fork Subdivision No. 1 (a
portion of the former Shaunessy Subdivision) (FP- 01 -12).
On February 20, 2013, the Henry's Fork Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On March 14, 2013, City Staff approved a design review application modifying the approved
fencing within Henry's Fork Subdivision (DR -04 -11 MOD).
On June 27, 2013, the Eagle Design Review Board approved a design review application modifying
the approved fencing within Henry's Fork Subdivision (DR -04 -11 MOD2).
On July 23, 2013, the City Council approved a preliminary plat modification for Henry's Fork (aka
Shaunessy/Park Place Gardens) Subdivision for Henry's Fork, LLC (PP -11 -05 MOD).
On September 26, 2013, the Eagle Design Review Board approved a design review application
modifying the pool house elevations for Henry's Fork Subdivision (DR -04 -11 MODS).
On December 19, 2013, the Henry's Fork Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On June 12, 2014, the Eagle Design Review Board approved a design review application modifying
the common area landscaping within Henry's Fork Subdivision Nos. 3 and 4 (DR -04 -11 MOD4).
On May 12, 2015, the Henry's Fork Subdivision No. 3 final plat was recorded at the Ada County
Recorder's office.
On June 23, 2015, the City Council approved a preliminary plat modification for Henry's Fork (aka
Shaunessy/Park Place Gardens) Subdivision for Henry's Fork, LLC (PP -11 -05 MOD2).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The common area landscaping, pool and pool house /shelter
have been completed in Henry's Fork Subdivision Nos. 1, 2, and 3.
I. GENERAL SITE DESIGN FEATURES: N/A
J. BUILDING DESIGN FEATURES: N/A
K. 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 throughout the development in compliance with Eagle City
Code.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Two (up to
R -2 -DA (Residential 2- units/
acre with a development
Single Family, Residential
2 units per acre)
agreement)
Development
Proposed
No change
No change
No change
North of site
Residential Two (up to
2 units per acre)
R -E (Residential Estates 1- unit/2
Single family residential
acres) R1 (Residential 1 -unit per
subdivision- Varied lot
acre -Ada County designation)
sizes
RUT (Rural Urban Transition -
Ada County Designation)
South of site
Residential Two (up to
2 units per acre)
R -E (Residential Estates 1- unit/2
Single family residential
acres) R1 (Residential 1 -unit per
subdivision- Varied lot
acre -Ada County designation)
sizes
East of site
Residential Estates (up
RUT (Rural Urban Transition-
Single family residential
to 1 units per 2 acres)
Ada Co. Designation) & PS
subdivision
(Public /Semipublic)
West of site
Residential Two (up to
R -E (Residential Estates 1- unit/2
Obsidian Subdivision,
2 units per acre)
acres)
Single Family residential
and pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The common area landscaping, pool and pool house /shelter
have been completed in Henry's Fork Subdivision Nos. 1, 2, and 3.
I. GENERAL SITE DESIGN FEATURES: N/A
J. BUILDING DESIGN FEATURES: N/A
K. 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 throughout the development in compliance with Eagle City
Code.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
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Parking Lot Landscaping: N/A
L. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
N. 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.
O. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
P. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit.
Q. PUBLIC USES PROPOSED: None
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S. 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
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
U. 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:
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
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West Ada School District
V. 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 Residential Two.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A- 7(J)(4)(a)
a. 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 permitted.
Eagle City Code Section 8- 2A- 7(J)(6)
a. For design flexibility, half of the required shade trees may be substituted on a two to one
(2:1) basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and attractive
views. Open fences, decorative walls, and berms may be used. Height changes, offset
angles, different materials, and other design techniques are required so as to create
variety.
C. DISCUSSION:
The applicant is requesting design review approval of the common area landscaping within
Henry's Fork Subdivision No. 4, a 30 -lot (23- buildable, 7- common) residential subdivision. The
applicant is proposing street trees throughout the development in compliance with Eagle City
Code. There are no new structures proposed within this phase.
The landscape plan, date stamped by the City on September 2, 2015, shows a 35 -foot wide buffer
area adjacent to Meridian Road. Pursuant to Eagle City Code, a minimum of four (4) shade trees,
five (5) evergreen trees, and twenty four (24) shrubs are required within the 35 -foot wide buffer
area. The code further states that 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. Another section of the code allows for design flexibility by allowing half the
required shade trees to be substituted on a two to one (2:1) bases with ornamental and evergreen
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trees. The applicant is proposing thirteen (13) deciduous trees, fifty seven (57) conifer trees, and
six (6) ornamental trees. The applicant's proposed tree substitution count does not exceed that
which is permitted within Eagle City Code. Staff defers comment to the Design Review Board
regarding the proposed landscaping within the buffer area adjacent to Meridian Road.
• Staff defers comment regarding the proposed 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 October 8, 2015,
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 (Hash and Schafer absent) to approve DR -04 -11 MOD5 for a design
review application to construct the common area landscaping within Henry's Fork Subdivision
No. 4 for Henry's Fork, LLC, with the following staff recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of DR- 04 -11, DR -04 -11 MOD, DR -04 -11 MOD2, DR -04 -11
MOD3, and DR -04 -11 MOD4.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. No signs are proposed with this application and none are 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,
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
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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
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.
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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.
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
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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 September 2, 2015.
2. Requests for agencies' reviews were transmitted on September 9, 2015, 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 -04 -11 MOD5) 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 -2 -DA (residential two with development agreement) zoning district.
DATED this 22 "d day of October 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
bb, Chairman
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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