Findings - DR - 2016 - DR-03-16 - Common Area Landscaping In Eaglefield Commons SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING WITHIN )
EAGLEFIELD COMMONS SUBDIVISON )
FOR THE PRESERVE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -03 -16
The above - entitled design review application came before the Eagle Design Review Board for their action
on February 25, 2016. 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:
The Preserve LLC, represented by Kim Siegenthaler with Jensen Belts Associates, is requesting
design review approval of the common area landscaping within Eaglefield Commons Subdivision.
The 8.93 -acre site is located on the north and south side of W. Escalante Drive approximately 960 -
feet north of the intersection of N. Linder Road and State Highway 44.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 20, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 22, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 5, 2006, the City Council approved an annexation, rezone with a development agreement,
conditional use, preliminary development plan, preliminary plat approvals for Eaglefield Estates II
Subdivision planned unit development ( A- 10- 06/ RZ- 12- 06 /CU- 04- 06/PPUD- 02- 06/PP- 12 -06).
On June 10, 2008, the City Council approved a preliminary plat extension of time for Eaglefield
Estates II Subdivision to be valid until August 26, 2009 (EXT- 06 -08).
On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates II Subdivisions (EXT -
13-09).
On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates II Subdivisions to staff (EXT- 13 -09).
The approval of the preliminary plat for Eaglefield Estates II Subdivision expired on August 26,
2009.
The development agreement associated with the rezone for the Eaglefield Estates II Planned Unit
Development expired on August 21, 2014 (RZ- 12 -06).
On November 10, 2015, the City Council approved a development agreement modification,
conditional use permit, preliminary development plan, and preliminary plat applications for
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Eaglefield Commons Planned Unit Development (RZ -12 -06 MOD/CU-10-15/PPUD-04-15/PP-10-
15).
E. COMPANION APPLICATIONS: None.
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:
I. SITE DESIGN INFORMATION:
Total Acreage of Site — 8.93 -acres
Total Number of Lots — 22
Total Number of Units -
Residential — 19
Commercial — 0
Industrial — 0
Common — 3
Single - family — 16
Duplex — 0
Multi - family — 3
Total Acreage of Any Out - Parcels — none
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Transitional Residential
R- 4 -DA -P (Residential with a
Vacant/West Escalante
development agreement-
Drive
PUD)
MU -DA -P (Mixed use with a
development agreement -
PUD)
Proposed
No Change
No Change
Single - Family and Multi-
Family Residential
North of site
Residential Two
RUT (Rural -Urban Transition
Single - Family Residence
— Ada County Designation)
South of site
High Density Residential
RUT (Rural -Urban Transition
Hope Lutheran Church
— Ada County Designation)
East of site
Commercial and
C -1 -DA (Neighborhood
Vacant Commercial
Residential Three
Business District with a
Property and Single -
development agreement)
Family Residential
R -2 -DA (Residential with a
(Sedona Creek
development agreement)
Subdivision)
West of site
Transitional Residential
R- 4 -DA -P (Residential with a
Single - Family Residential
development agreement-
( Eaglefield Estates No. 1)
PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
I. SITE DESIGN INFORMATION:
Total Acreage of Site — 8.93 -acres
Total Number of Lots — 22
Total Number of Units -
Residential — 19
Commercial — 0
Industrial — 0
Common — 3
Single - family — 16
Duplex — 0
Multi - family — 3
Total Acreage of Any Out - Parcels — none
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J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the City on July 1, 2015, shows a 50 -foot wide common
lot located adjacent to North Linder Road (principal arterial) for the construction of the required
landscaped buffer area. Pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(c) a 75 -foot wide
landscape strip is required adjacent to principal arterials to protect residential communities
from noisy, potentially dangerous, high speed roads.
The preliminary plat shows a 25 -foot wide common lot located adjacent to the north side of
West Escalante Drive (collector) associated with the landscaping currently located on the site.
The preliminary plat shows a 25 -foot wide homeowners association landscape buffer easement
located on the south side of West Escalante Drive (collector). Pursuant to Eagle City Code
Section 8- 2A- 7(J)(4)(a) a 35 -foot wide landscape strip is required adjacent to collectors to
protect residential communities from noisy, potentially dangerous, high speed roads.
Open Space:
A total of 1.58 -acres (20.2% of the total residential area of the subdivision) is proposed within
the residential area of the subdivision. The open space consists of collector buffers, waterfalls,
open play areas and ponds.
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
a planned unit development.
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) — Yes. There was a residential dwelling and several accessory
structures that were previously removed from the site. The residential dwelling was served by
a septic system and it is unknown if the septic system was properly abandoned. The applicant
should provide documentation that the septic system was abandoned in accordance with the
requirements of the Central District Health Department.
Preservation of Existing Natural Features:
The existing natural features on the site consist of landscaping located adjacent to West
Escalante Drive (collector) and North Linder Road (principal arterial). The site also contains a
pond located in proximity to the southwest corner of West Escalante Drive and North Linder
Road.
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.
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K. STREET DESIGN:
The preliminary plat, date stamped by the City on July 1, 2015, shows two (2) typical street sections
for the streets located within the subdivision. The typical street section shown for North Tybee Way
shows a 60 -foot wide right -of -way section with a 33 -foot wide travelway (measured from back of
curb to back of curb). The right -of -way is also inclusive of eight -foot (8') wide planter strips and
five -foot (5') wide detached sidewalks located on each side of the street. The street section shows
rolled curb and gutter located on the east side of the street.
The typical street section shown for West Brunmier Drive shows a 50 -foot wide right -of -way
section with a 29 -foot travelway (measured from back of curb to edge of pavement). The right -of-
way is inclusive of a six foot (6') wide planter strip and detached five foot (5') wide sidewalks
located adjacent to both sides of the street. The street section shows rolled curb and gutter located
on the east side of the street.
Blocks Less Than 500% None
Cul -de -sac Design: No cul -de -sacs are proposed.
Sidewalks:
A detached five -foot (5') wide concrete sidewalk is proposed abutting both sides of all interior
roadways, including West Escalante Drive. The sidewalk is separated from the adjacent curbs
by an eight (8') foot wide minimum planting strip.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the
interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located along West
Escalante Drive and within the existing berm along North Linder Road. The applicant is proposing
to retain the existing trees and landscaping within these areas.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed along both sides of North Tybee Way and West Brummier
Drive.
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. 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.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — Yes — located adjacent to West Escalante Drive and North Linder Road.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. 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
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
Following:
Transitional Residential
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 or proposed uses. Commonly
requires changes in lot dimensions and scaling, see specific planning area text for a complete
description.
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office, and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
7. The area located west of Linder Road and State Street shall provide for high density
residential including apartments, town homes and patio homes, and transitioning northward
to 1 -2 units per acre. Internal circulation is essential to the development of this area; a
roadway (not State Street) with berming and wide setbacks to be used to buffer any
residential use from the regional transportation network.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to the submittal of a final plat application.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat application. Construction fencing shall be installed (pursuant to the Design
Review Board's direction) to protect all trees that are to be preserved, prior to the commencement
of any construction on the site.
• The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located in an 8 -foot wide landscape strip between the 5 -foot wide concrete
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sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost
of the installation of all landscape and irrigation improvements. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping.
Provide a revised preliminary plat showing the required thirty -five foot (35') wide buffer areas
located within common lots adjacent to West Escalante Drive and a seventy -five foot (75') wide
buffer area located within a common lot adjacent to North Linder Road or submit an Alternative
Method of Compliance Request Form with the Design Review application showing reduced buffer
areas to be reviewed and approved by the Design Review Board prior to submittal of a final plat
application.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A -7(C) Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6'/4 inches to 12 inches 1.5x caliper of tree removed
12'/4 inches or more lx caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar,
cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded,
weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies
may be exempt from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch (8 ") caliper tree is removed, an acceptable replacement would be
three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance
with subsection C 1 of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6), or to the drip line, whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
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• Eagle City Code Section 8- 2A -7(J): Buffer Areas /Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to
differing facilities, activities, or different intensities of use, such as townhouses and a
convenience store, or a high volume roadway and residential dwellings.
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi - family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space owned
and maintained by a homeowners' association. Any landscaping proposed to be within the
public right of way shall not be included as a part of the buffer area required below. The
height for berming/fencing, as noted below, shall be measured from the elevation of the
final grade of the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The required buffer area width, plantings, and fencing are as follows:
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.
c. Any road designated as a principal arterial on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
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 ten foot (10') high, maximum twelve foot (12') 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
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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(0): Alternative Methods of Compliance:
Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance
is a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more
of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can
be provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with
a written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection O1 of this section justify using the proposed alternative, and how
the proposed alternative equals or exceeds said requirement.
E. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences of
the subdivision shall be a minimum eight feet (8) wide and shall be located within a sixteen
foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian
traffic is anticipated, the council may consider a reduction in pathway width to six feet (6).
Regional pathways such as the Boise River greenbelt and pathways located adjacent to major
roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot
(20') wide pedestrian access easement.
F. DISCUSSION:
The applicant is requesting design review approval of the common area landscaping within
Eaglefield Commons Subdivision, an 8.93 -acre development with 22 -lots (16- single family
residential, 3- multi - family, and 3- common). West Escalante Drive divides Eaglefield Commons
into two areas where the northern area is proposed to be single family dwellings and the southern
area is proposed to be multi - family dwellings. The landscape boulevard along West Escalante
Drive, the buffer along North Linder Road, the entry ponds, and pergola were constructed with
Eaglefield Subdivision No. 1. When Eaglefield Subdivision No. 1 was approved and constructed,
North Linder Road was classified as a minor arterial which required a 50 -foot wide landscape
buffer. In 2015, North Linder Road was re- classified as a Principal Arterial which now requires a
75 -foot wide buffer. The buffer area required for West Escalante Drive was 25 -feet wide when
Eaglefield Subdivision No. 1 was developed. Pursuant to current Eagle City Code, the required
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buffer area has increased to 35 -feet wide. The landscape improvements along both of these
streets have been installed since approximately 2008 or 2009 and the trees and shrubs are quite
mature. The existing ponds located at or near the entry to the development also have extensive
berming and landscaping and have waterfalls into each of the ponds. The applicant is not
proposing to make any changes to the existing landscaping in these areas and has asked for an
Alternative Method of Compliance based on Eagle City Code Section 8- 2A- 7(0)(b), topography,
soil, vegetation, or other site conditions are such that full compliance is impossible or impractical.
There is a 5 -foot high berm along North Linder Road and there is berming along West Escalante
Drive.
The applicant is proposing to continue a 50 -foot wide landscape buffer and 5 -foot high berm
along North Linder Road to the south property line of the site (approximately 265 - linear feet).
There are several deciduous (i.e.: Cottonwood, Honey Locust) and evergreen (Austrian Pine,
Spruce, and Juniper) trees located in or in close proximity to the proposed berm along North
Linder Road that the applicant is proposing to retain and use towards required plantings. Staff
defers comment regarding the trees the applicant is proposing to retain and use as minimum
requirements for the required plant material in the buffer area along North Linder Road.
Staff is unclear how the required 5 -foot high berm will be constructed around the existing trees.
It does not appear that the berm stops at the drip line of the existing trees but rather fill is
proposed to be place in the drip line of the existing trees. If fill is to be added around the base of
the trees, staff is concerned for the long term health of the trees and if fill is not proposed around
the base of the trees, staff is concerned that the minimum berm height is not being achieved. The
applicant should be required to provide revised landscape plans providing greater detail of how
the berm will terminate at the drip line of the trees that are to be retained. The revised landscape
plan should be reviewed and approved by the Design Review Board prior to the City Clerk
signing the final plat.
There is an existing five foot (5') wide meandering sidewalk located adjacent to North Linder Road
abutting the northern 260 - linear feet of the development. The applicant is proposing to construct a
five foot (5') wide sidewalk for the remaining 260 - linear feet of frontage adjacent to North Linder
Road. With the exception of the property located at the southwest corner of Floating Feather Road
and Linder Road and two (2) other undeveloped parcels of land, a 10 -foot wide sidewalk is located
along the west side of North Linder Road from Floating Feather Road to State Street. The applicant
should be required to provide a revised landscape plan showing a ten foot (10') wide detached
sidewalk located along the entire frontage of this development (approximately 520- linear feet)
adjacent to North Linder Road. The revised landscape plan should be reviewed and approved by
staff prior to the City Clerk signing the final plat.
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 February 25, 2016,
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).
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BOARD DECISION:
The Board voted 4 to 0 (Baer and Hash absent) to approve DR -03 -16 for a design review
application of the common area landscaping within Eaglefield Commons Subdivision for The
Preserve 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 all applicable conditions of RZ -12 -06 MOD/CU- 10- 1 5/PPUD-04-15/PP- 10- 15.
2. Provide revised landscape plans providing greater detail of how the berm will terminate at the drip
line of the trees that are to be retained. The revised landscape plan shall be reviewed and approved by
the Design Review Board prior to the City Clerk signing the final plat.
3. Provide a revised landscape plan showing a ten foot (10') wide detached sidewalk located along the
entire frontage of this development (approximately 520 - linear feet) adjacent to North Linder Road. The
revised landscape plan shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City Clerk signing the final plat.
4. Provide a revised landscape plan showing how the detached sidewalk adjacent to this development
will connect to the existing attached sidewalk on the property to the south of this site. The revised
landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No signs are proposed with this application and none are approved.
7. The alternative method of compliance, showing a 50 -foot wide landscape buffer along North Linder
Road and a 25 -foot wide landscape buffer along West Escalante Drive is 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
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
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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.
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.
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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
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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 03 -16) 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.
2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R- 4 -DA -P and MU -DA -P (residential with development agreement — PUD and mixed use with
development agreement — PUD) zoning district.
DATED this 10' day of March 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada C ty aho
R ert Grubb. Chairman
ATTEST:
1.� � � LA&S= V= _-J
Sharon "K. Bergmann, Eagle City Clerk
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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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