Findings - DR - 2016 - DR-66-13 MOD2 - Common Area Landscaping In Tannenbaum Subd No 2 (Aka Syringa Subd/Future Phases)BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN TANNENBAUM
SUBDIVISION NO.2 (AKA SYRINGA
SUBDIVISION) AND ALL FUTURE PHASES
FOR SMITH BRIGHTON INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -66-13 MOD2
The above -entitled design review application came before the Eagle Design Review Board for their action
on July 14, 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:
Smith Brighton Inc., represented by Van Elg with Brighton Development, is requesting design review
approval of the common area landscaping within Tannenbaum Subdivision No. 2 and all future phases
(aka Syringa Subdivision). The 40.69 -acre site is located on the north side of West Floating Feather
Road approximately 1,315 -feet west of North Lanewood Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 9, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 13, 2016, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 9, 2013, the Eagle City Council approved an annexation, rezone, conditional use, preliminary
development plan, and preliminary plat for Syringa Subdivision (A-01-13/RZ-01-13/CU-01-13/PPUD-
01-13/PP-01-13).
On January 23, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Syringa Subdivision (DR -66-13).
On March 25, 2014, the Eagle City Council approved a final development plan and final plat for SCS
Syringa Subdivision No. 1 (FPUD-01-14 & FP -01-14).
On September 12, 2014, the City approved a design review application to modify the common area
landscaping, including the addition of a pool and pool house for Syringa Subdivision (DR -66-13 MOD).
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 first phase of this development, including the pool and pool house, have been completed. The rest
of the site is undeveloped.
I. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation: N/A
J. FENCING:
Wrought Iron Fence — 5 -foot high.
Vinyl Fence — 6 -foot high solid and 6 -foot high with approximately 2 -feet of lattice on top.
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.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Two (up
R -3 -DA -P (Residential
Agricultural
to two units/ acre)
maximum three units/acre with a
development agreement and a
planned unit development)
Proposed
No Change
No Change
Single -Family, Residential
Planned Unit Development
North of site
Residential Two (up
RUT (Ada County Designation)
Single -Family Residence
to two units/acre)
and Agricultural
South of site
Residential Two (up
R -2 -DA -P (Residential
SCS Syringa Subdivision
to two units/ acre)
maximum two units/acre with a
No. 1
development agreement and a
planned unit development)
East of site
Residential Two (up
RUT (Ada County Designation)
Proposed Lilac Springs
to two units/acre)
Subdivision
West of site
Residential Two (up
R -2 -DA (Residential maximum
Agricultural
to two units/ acre)
two units/acre with a
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The first phase of this development, including the pool and pool house, have been completed. The rest
of the site is undeveloped.
I. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation: N/A
J. FENCING:
Wrought Iron Fence — 5 -foot high.
Vinyl Fence — 6 -foot high solid and 6 -foot high with approximately 2 -feet of lattice on top.
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.
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Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
L. TRASH ENCLOSURES: N/A
M. MECHANICAL UNITS: N/A
N. OUTDOOR LIGHTING:
A site 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:
Preliminary approval letters from Central District Health 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.
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 — yes — adjacent to Dry Creek Canal
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
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:
Central District Health Department
Eagle Fire Department
Idaho Transportation
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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:
Chapter 6 — Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: None.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all common
areas throughout the subdivision 3) building elevations for all proposed common area structures
and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable
amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or
similar amenities. The design review application shall be reviewed and approved by the Design
Review Board prior to the submittal of a final plat application.
• 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
sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required
trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be
issued if weather does not permit landscaping however, a surety in accordance with Eagle City
Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and irrigation
improvements shall be provided to the City.
• All fencing located adjacent to a common area shall be in accordance with the fencing exhibit
provided by the applicant, date stamped by the City on April 24, 2013.
D. DISCUSSION:
The common areas have been completed within Tannenbaum Subdivision No. 1, which included
the buffer area along West Floating Feather Road, both side of the main entry into the
development, and the main common area which includes the pool, pool house, and playground
area. The applicant is requesting design review approval of the common area landscaping within
Tannenbaum Subdivision No. 2 and future phases. There are no structures proposed within the
common areas of phase two or future phases. Street trees with separated sidewalk are proposed
throughout the development and comply with that which is required within Eagle City Code, with
the exception of a few locations within the development where street trees conflict with ACHD
storm drain facilitates. The landscape plan, date stamped by the City on June 9, 2016, shows the
street trees located behind the sidewalk and outside the required 10 -foot setback from ACHD
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storm drain facilities. Pursuant to past action by the Design Review Board and City Council,
trees located behind the sidewalk have been acceptable.
• 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 July 28, 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).
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Schafer absent) to approve DR -66-13 MOD2 for a design review
application for the common area landscaping with Tannenbaum Subdivision No. 2 (aka Syringa
Subdivision) and all future phases for Smith Brighton Inc., with the following staff recommended site
specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of Tannenbaum Subdivision (aka Syringa Subdivision) (A-01-
13/RZ-01-13/CU-01-13/PPUD-01-13/PP-01-13).
2. Comply with all applicable conditions of DR -66-13 and DR -66-13 MOD.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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 and 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
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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 issuance of any 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 be 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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -66-13 MOD2) 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 -3 -DA -P (residential maximum three units/acre with a development agreement and a planned
unit development) zoning district.
DATED this 28' day of July 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert
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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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