Findings - DR - 2017 - DR-79-16 - Common Area LandscapingBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR COMMON AREA )
LANDSCAPING WITHIN GATED GARDEN )
SUBDIVISION FOR TUCKER JOHNSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -79-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 12, 2017. 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:
Tucker Johnson is requesting design review approval of the common area landscaping within Gated
Garden Subdivision. The 18.62 -acre site is located on the east side of North Linder Road approximately
2,100 -feet north of the intersection of West Chinden Boulevard (Highway 20/26) and North Linder
Road at 7000 North Linder Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 8, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 9, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 16, 2014, the City Council approved an annexation, rezone with a development
agreement (development agreement in lieu of a PUD), and preliminary plat for Gated Garden
Subdivision (A-03-14/RZ-03-14/PP-05-14). The City Council findings of fact and conclusions of law
were adopted on January 13, 2015.
On May 28, 2015, the development agreement for Gated Garden Subdivision was recorded.
On February 23, 2016 the City Council approved an extension of time for Gated Garden Subdivision
to be valid until January 13, 2017 (EXT -02-16).
On December 13, 2016, the City Council approved an extension of time for Gated Garden Subdivision
to be valid until January 13, 2018 (EXT -10-16).
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 site is undeveloped.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Transitional Residential
RUT (Rural Urban Transition
Vacant land
— Ada County Designation)
Proposed
No Change
MU -DA (Mixed Use with a
Single Family Residential
development agreement)
North of site
Transitional Residential,
RUT (Rural Urban Transition
Bodily-Bunderson/Sandy
Residential Estates
— Ada County Designation),
Springs Subdivision
R-1 (up to 1 unit/acre —Ada
County Designation)
South of site
Mixed Use
C -3 -DA (Highway Business
Eagle Island Market Place
District with a development
— Fred Meyer &
agreement)
commercial uses
East of site
Mixed Use
MU -DA (Mixed Use with a
Singly Family Residential
development agreement)
(Reynard Subdivision)
West of site
Residential Two
RUT (Rural Urban Transition
Single Family Residential
- Ada County Designation)
(Almaden Acres
Subdivision), LDS Temple
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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I. SITE DATA:
Total Acreage of Site — 18.62 -acres
Total Number of Lots — 72
Total Number of Units -
Residential — 60
Commercial — 0
Industrial — 0
Common — 12
Single-family — 55
Townhouse — 5
Multi -family — 0
J. GENERAL SITE DESIGN FEATURES:
The applicant is proposing a landscape buffer located adjacent to the west property line located adjacent
to North Linder Road which is classified as a principal arterial and a landscape buffer located adjacent
to the north property line adjacent to West Temple Drive which is classified as a collector. Pursuant to
Eagle City Code Section 8-2A-7(J)(4)(c), a seventy-five foot (75') wide buffer area is required for any
road designated as a principal arterial. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), a thirty-
five foot (35') wide buffer area with a minimum five to eight foot (5' to 8') high berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within these buffer areas.
Open Space:
A total of 4.18 -acres (22.4%) of open space is proposed within the residential subdivision. The common
areas are proposed to contain pathways, road buffer areas, gazebo, community gardens, and street
landscape islands. A minimum of 20% open space is required within a planned unit development,
however, City Council allowed a reduction in the required 20% open space to allow for the increase in
residential lots on the north side of West Temple Drive.
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&Rs 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 (PUD). The property is approved for a MU -DA (Mixed Use with a development
agreement) zoning designation and the applicant requested the development agreement in lieu of a PUD
pursuant to Eagle City Code.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) — no
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential
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development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The site does
not have any existing trees.
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.
K. BUILDING DESIGN FEATURES: N/A
L. 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.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site 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 Meridian Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the Meridian Fire Department and 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 - no
Riparian Vegetation - no
Steep Slopes — no
Stream/Creek - no
Unique Animal Life - unknown
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Unique Plant Life - unknown
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 attached to the staff report and
incorporated herein by reference. Comments, which appear to be of special concern, are noted below:
Idaho Transportation Department
Meridian Fire Department
Tesoro Logistics NW Pipeline
W. 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 (adopted February 10, 2015), designates this site as the
following:
Residential Transition
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires
changes in lot dimensions and scaling, see specific planning area text for a complete description.
Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have been developed
as one -acre and five -acre lots through the Ada County development process. The future land uses in the
area are predicated on Linder Road being the only Eagle City river crossing between Eagle Road and Star
Road, the need to buffer and preserve the existing residential developments, and the need to provide
commercial opportunities along the regional transportation corridors south of the Boise River. Because of
the alignment of the State Highway 16 crossing moving further to the west (to McDermott), no clear funding
option or timeline for the SH 16 crossing, and recent changes in nearby city limit boundaries (Meridian), the
previously planned regional commercial area at Black Cat no longer is a viable location for the City of Eagle.
A. Uses
The land use and development policies specific to the Rim View Planning Area include the
following:
1. A forty -acre commercial area located at the northeast corner of the intersection of Chinden
Boulevard and Linder Road is to be designed and developed as a unit. This commercial area is
intended to serve the Eagle community as a gateway into town before crossing the river.
2. Areas designated as Transitional Residential should have an average residential density of up to 2
units per acre. Units should be clustered to provide for transitional lot sizes to ensure compatibility
of new residential uses to existing residential uses.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting open space
and recreation areas located in the Rim View Area. The patio homes and townhouses may be
located near the commercial area.
4. Residential Densities up to 4 units per acre may be allowed in the Transitional Residential Area
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south of the new residential collector and north of the commercial center located at the NE corner
of the Chinden Road and Linder Road intersection to facilitate the development of patio style homes
within this area.
5. Land uses that are determined to generate wastewater flows in excess of normal residential or
commercial uses such as, but not limited to, hotels, fitness centers, laundromats, car washes, and
assisted living/retirement centers should be prohibited in this area.
B. Access
1. Access to the area should focus on new internal linkages that allow adjacent parcels to provide
pedestrian and vehicle connectivity into the Rim View Planning Area.
2. Primary access should be from a new residential collector connecting Linder Road to Meridian Road
with limited access onto Chinden Boulevard only in accordance with TTD's access management
policies. All accesses should be designed to allow traffic to flow through the area connecting Meridian
Road to Linder Road may provide the opportunity of future east/west residential collector linkage within
the planning area. Cross -access and local stub streets should be used to allow the planning area to be
interconnected without the need to access the arterial and state highway network.
3. Internal and interconnected circulation should be used to move traffic within the non-residential area,
helping to mitigate the number of local vehicle trips entering State Highway 20/26 and Linder Road to
access commercial and mixed use services and create cross access into adjoining properties.
4. Chinden Boulevard and Linder Road should be recognized as a gateway corridor to the City of Eagle
and development should adhere to proper berming, landscaping, and appropriate setbacks to prevent the
encroachment of abutting uses into future corridor improvements. This would protect the viability of
the regional transportation corridor as well as buffer the abutting uses from the impacts of the corridor.
C. Design
1. This area is recognized as a gateway to the City of Eagle, to be integrated with appropriate landscaping,
entry features, and place -making features in the design of the area.
2. Design of this area should be compatible to the existing residential uses currently present in the area and
future mixed uses.
3. Design of commercial and office uses should be compatible with the existing residential uses and
contain significant landscaped buffers to reduce impacts and appealing building design elements to
promote a cohesive character. Commercial development should provide for indirect vehicle
connections and for safe and efficient pedestrian linkages to the mixed use and residential areas adjacent
to the site. (See Illustration 6.5)
4. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and planting
strip adjacent to the back of curb, further solidifying the purpose and character of the gateway corridor
of Chinden Boulevard.
5. Signage for all non-residential uses should be designed to be consistent and complimentary, with
place -making being the primary objective and identification of uses being secondary.
6. Non-residential areas should be designed with features and materials intended to compliment and buffer
residential uses and to avoid creating a tunnel or wall effect along the backside of the large buildings.
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Illustration 6.5: Regional Commercial Center Layout
Additional of
to a ewt Residential
an 'me Pov Areas
A
D. Issues
1. One of the main concerns in the development of this area is the ability to properly balance and buffer
the commercial uses with existing residential uses. —The Mixed Use and Transitional
Residential areas should be designed in a manner that provides a cohesive transition and promotes
local connectivity between the commercial and residential uses, incorporating elements that will
provide a common and complimentary identity between such uses.
Considering the large amount of undeveloped or underdeveloped land within the planning area, each
proposed project should be evaluated for the potential to provide linkages and connectivity to adjacent
parcels. This is necessary to establish a functioning local and collector roadway system to supports the
regionally significant roadways at the south and west of this area.
2. As this area develops, consideration should be made of the transitory uses that have been approved by
Ada County which may be nearing their end.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8 -2A -7(D)(2): PROHIBITED MATERIALS AND LANDSCAPING:
2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted
within vision triangles shall be pruned to a minimum seven feet (7') above the adjacent sidewalk
and fourteen feet (14') above the adjacent roadway surface. Shrubs and ground covers planted
within the vision triangle shall not exceed three feet (T) height at maturity. The boundaries of the
vision triangle are defined by measuring from the intersection of the edges of two (2) adjacent
roadways forty feet (40') along each roadway and connecting the two (2) points with a straight
line. The sight distance obstruction is also applicable to railroad -highway grade crossings with the
vision triangle defined by measuring forty feet (40') along the railroad property line. In all cases,
ITD and ACRD standards shall apply also.
® Eagle City Code Section 8 -2A -7(J)(4): MAJOR ROADWAYS:
a. Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
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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/omamental trees, and twenty-four
(24) shrubs. Each required shade tree may be substituted with two (2) flowering/omamental
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 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.
6 Eagle City Code Section 8-2A-7-0: Alternate 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.
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C. SUBDIVISION PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL
• Eagle City Code Section 9-4-1-6(D): Pathway Design:
1. The paved portion of the pathway may range from six feet (6) to ten feet (10') in width. Micro
pathways 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.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while
allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges
of the paved path, shall be required, and will be owned by either the abutting property owner(s) or
a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped
area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as
measured from the edge of asphalt to the easement line) when used in conjunction with a
meandering pathway, however, the total width of the landscape area shall not be less than ten feet
(10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting
material in this area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
D. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Provide a revised preliminary plat showing Temple Drive moved to the south in order to
accommodate residential lots in lieu of a landscape berm. The revised plat shall show two (2)
residential lots a minimum of 17,000 -square feet in size along the west property line of the parcel
located at 7107 N. Springcrest Place and five (5) residential lots a minimum of 20,000 -square feet
in size along the south property line of the parcels located at 7107 and 7102 N. Springcrest Place
either transitional lots (minimum %2 -acre in size), or an adequate landscape buffer (minimum 35 -
foot wide) adjacent to the existing residential properties to the north. The revised preliminary plat
shall be submitted prior to the submittal of a final plat application.
A minimum of 15% of the total open space shall be "active open space." (an additional 13,500 -
square feet). Staff recommends providing a pedestrian pathway located within common lots in
alignment with Lot 29, Block 2, north to Lot 59, Block 2, in order to meet the needed active open
space requirement and to provide off-street pedestrian connectivity through the site. Provide a
revised preliminary plat showing the additional active open space prior to the submittal of design
review and final plat applications.
• Provide a detail of the proposed gate showing how residents will access the gate, where the
security pad/entry point will be located, and how the turn -out movements will not be impeded by
the gate. The revised preliminary plat showing the gate detail shall be provided prior to the
submittal of the final plat application.
Provide a revised preliminary plat showing an 8 -foot wide pathway located on Lot 29, Block 2,
within a 16 -foot wide easement with root barrier placed on both sides of the pathway, prior to the
submittal of a final plat application. (Eagle City Code 9-4-1-6[D][1])
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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, 6) proposed style of fencing. The design review application
shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application. (ECC 8-2A-1).
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. (ECC 8-2A-7).
• The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat
application. (ECC 9-4-1-2)
o The applicant shall be allowed a reduction in the required twenty percent (20%) open space to allow
for the increase in residential lots north of Temple Drive (as identified site specific condition of
approval #6). A revised preliminary plat and open space calculations shall be provided prior to the
submittal of a final plat application.
E. DISCUSSION:
The landscape plan, date stamped by the city on January 4, 2017, shows an ACHD seepage bed
located in front of Lots 11, 12, 20, and 21, Block 2, which prohibits trees within 10 -feet of the
seepage beds. The applicant should provide a revised landscape plan showing street trees located
behind the sidewalk of Lots 11, 12, 20, and 21, Block 2. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
The landscape plan, date stamped by the city on January 4, 2017, shows a 5 -foot wide pathway to
the gazebo located in Lot 39, Block 2 and a 5 -foot wide pathway leading to the community
garden located on the south side of West Temple Drive. The applicant should be required to
provide a revised landscape plan showing both pathways a minimum of 6 -feet in width. The
revised landscape plan should be reviewed and approved by staff and one member of the Design
Review Board.
a The landscape plan, date stamped by the city on January 4, 2017, shows a seventy-five foot (75')
landscape buffer with a 5 -foot high berm adjacent to Linder Road. The landscape buffer contains
seven (7) shade class trees, eleven (11) evergreen trees, thirty-two (32) shrubs, and four (4)
flowering/ornamental trees. Linder Road is classified as a principal arterial and is required to
have a minimum of a seventy-five foot (75') wide buffer area with six shade class trees, ten (10)
evergreen trees, four (4) flowering/ornamental trees, and twenty-four (24) shrubs per one hundred
(100) linear feet and a minimum ten foot (10') high to maximum twelve foot (12') high berm,
decorative wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof. The applicant has submitted an alternative method of compliance request
due to the size of the common lot the buffer area is located in and the existing topography which
includes an existing drain ditch south of the northwest property line that drops approximately 8 -
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feet to 10 -feet to the south affecting the berm area. The applicant is requesting an alternative to
the required seventy-five foot (75') landscape buffer and is proposing a seventy-five foot (75')
landscape buffer that will exceed the amount of trees and shrubs required, and include a
maximum five foot (5') high berm. Staff defers comment regarding the alternate method of
compliance request and the proposed landscape buffer adjacent to Linder Road to the Design
Review Board.
C The landscape plan, date stamped by the city on January 4, 2017, shows seven residential lots on
the north side of West Temple Drive in lieu of a landscape buffer. West Temple Drive is a
collector road requiring a 35 -foot buffer, however, City Council approved the additional seven
residential lots in lieu of the required landscape buffer on the north side of West Temple Drive
within the preliminary plat approval (PP -05-14).
The landscape plan, date stamped by the city on January 4, 2017, shows common lots adjacent to
West Temple Drive on the south side of West Temple Drive. West Temple Drive is classified as a
residential collector and is required to have a minimum of a thirty-five foot (35') wide buffer area
with four (4) shade class trees, five (5) evergreen trees, and twenty-four (24) shrubs per one
hundred (100) linear feet and a minimum five foot (5') high, maximum eight foot (8') high berm,
decorative wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof. Gated Garden Subdivision has approximately 1,100 -feet of frontage along
West Temple Drive requiring forty-four (44) shade class trees, fifty-five (55) evergreen trees, and
two hundred and sixty-four (264) shrubs. The applicant has submitted an alternate method of
compliance request due to the drain ditch that proceeds west to east south of West Temple Drive
and will affect the berm height requirements within the thirty-five feet (35'). The applicant is
requesting an alternative to the required five foot (5') berm and is proposing a landscape berm
that will vary in height from one foot (1') minimum to three foot (3') maximum height. The
buffer depth will vary in size from forty feet (40') to one hundred thirty-five feet (135') wide
which will provide a larger buffer area than the required thirty-five feet (35') will, provide
landscaping that will exceed the amount required by code, and will provide amenities which
include a gazebo and community garden. The landscape plan, date stamped by the city on January
4, 2017, shows thirty-eight (3 8) shade class trees, nineteen (19) evergreen trees, three hundred
and fifty-six (356) shrubs, and twelve (12) flowering/ornamental trees located within the 35 -foot
wide buffer area. Within the common lots (Lots 1, 39, and 37, Block 2) the landscape plan, date
stamped by the city on January 4, 2017, shows sixty-four (64) shade class trees, sixty-nine (69)
evergreen trees, five hundred and ninety-six (596) shrubs, and nineteen (19)
flowering/ornamental trees. Staff defers comment regarding the alternate method of compliance
request, landscape berm, and landscaping adjacent to West Temple Drive to the Design Review
Board.
o Sheet L1.50 of the proposed landscape plan, date stamped by the city on January 4, 2017, shows
specs of the street lights; however, it does not provide a details of the style, material, color, height,
etc. The applicant should be required to submit a detailed cut sheet of the street lights showing the
style, material, color, height etc. The detailed cut sheet should be reviewed and approved by staff
and two members of the Design Review Board prior to the issuance of a zoning certificate.
c The landscape plan, date stamped by the city on January 4, 2017, shows benches located in the
common lot, Lot 39, Block 2, however, a detailed cut sheet showing the style, material, color,
height, etc. of the benches was not provided. The applicant should provide a detailed cut sheet of
the benches showing the style, material, color, height, etc. The detailed cut sheet should be reviewed
and approved by staff and two members of the Design Review Board prior to the issuance of a
zoning certificate.
O Staff defers comment regarding common area landscaping to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 12, 2017,
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 (Baer absent; Shafer abstained) to approve DR -79-16 for a design review
application for the common area landscaping within Gated Garden Subdivision for Tucker Johnson, 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 A-03-14/RZ-03-14 & PP -05-14.
2. Provide a revised landscape plan showing street trees located behind the sidewalk within Lots 11, 12,
20 and 21, Block 2. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
3. Provide a revised landscape plan showing the pathway to the gazebo in Lot 39, Block 2, and pathway
to the community garden along West Temple Drive to be a minimum of 6 -feet in width. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board.
4. Provide a detailed cut sheet of the street lights showing the style, material, color, height etc. The detailed
cut sheet shall be reviewed and approved by staff and two members of the Design Review Board prior
to the issuance of a zoning certificate.
5. Provide a detailed cut sheet showing the style, materials, color, height, etc., of the benches. The
detailed cut sheet for the benches shall be reviewed and approved by staff and two members of the
Design Review Board prior to the issuance of a zoning certificate.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No signs are proposed with this application and none are approved.
11. Provide detailed elevation plans showing all structures. The elevation plans shall show materials
colors, and types of structures. The detailed elevation plan shall be reviewed and approved by taff
and two members of the Desian Review Board prior to the issuance of a zoning certificate
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12. The landscape plan, date stamped by the city on December 8, 2016, showing a 5 -foot high berm
adjacent to North Linder Road and a 1 -foot high to 3 -foot high (maximum) berm adjacent to West
Temple 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 fust.
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 fust.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs fust.
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.
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
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ICAPlanning Dept\Eagle Applications\Dr\2016\DR-79-16 Gated Garden Subdivision LS drf docz
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.
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.
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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
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.
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CONCLUSIONS OF I.AW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -79-16) 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. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and the common area landscaping for Gated Garden Subdivision is permitted
with the approval of a design review application within the MU -DA (Mixed Use with a
development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed subdivision landscaping and amenities
are designed to complement the general vicinity and provide aesthetically pleasing architecture to
enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed gazebo and subdivision entry monument signs are designed with quality materials and
similar features utilized throughout the development and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed landscaping and subdivision amenities are in compliance with
Eagle City Code and the required height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since West Temple Drive is
built as a residential collector and the applicant proposed interconnecting pathways throughout the
subdivision;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center area; and
I. No signs are proposed with this application. A separate design review application (DR -80-16) has
been submitted for the subdivision entry monument sign and the sign will be required to be
harmonious with the architectural design of the building and adjacent buildings, and will not cover
or detract from desirable architectural features.
Page 16 of 17
KAPlanning De%\Eagle Applications\DA2016\DR-79-16 Gated Garden Subdivision LS drf docx
DATED this 261' day of January 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 17 of 17
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