Findings - DR - 2017 - DR-77-16 - Common Area Landscaping In LakemoorBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING ALONG EAST EAGLES )
GATE DRIVE WITHIN LAKEMOOR )
SUBDIVISION FOR DMB INVESTMENTS LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -77-16
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:
DMB Investments LLC, represented by Dan Torfin, is requesting design review approval of the
common area landscaping located along East Eagles Gate Drive within Lakemoor Subdivision. The
1.5 -acre site is located on the east side of Eagle Road approximately 1,460 -feet south of East Colchester
Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 7, 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 January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since
lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement)
for this site for B.W. Eagle, Inc.
On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 -
acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05).
On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and
Lakemoor Subdivision No. 2 for DMB Investments, Inc. (FP-13-05/FP-14-05).
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
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development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for
DMB Investments, LLC (FP -04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2011 (EXT -21-09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for
Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT -08-11).
On February 26, 2013, the City Council approved a development agreement modification to convert
two (2) commercial areas (Areas F and G) to single-family residential, address the setbacks within
Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the development agreement, and
allow for an assisted living facility as a permitted use within Area E (RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a preliminary plat modification for a 330 -lot (231
buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot)
residential subdivision for DMB Investments, LLC (PP -03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB
Investments, LLC (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB
Investments, LLC (FP -07-13).
On April 14, 2015, the City Engineer recommended approval of the Eagles Gates Drive Extension.
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB
Investments, LLC (FP -08-15).
On February 23, 2016, the City Council approved a modification to the development agreement for
William Shultz (RZ-05-02 MOD3).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for
Hawkins Companies, LLC (FP -02-16).
On August 9, 2016, the City Council approved a rezone with development agreement, development
agreement modification, (development agreement in lieu of a PUD), and a preliminary plat
modification for a 409 -lot (existing platted 223 residential, 14 commercial, and 21 common [7 private
road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street
lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP -03-
05 MOD2).
On September 13, 2016, the City Council denied a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
On September 27, 2016, Hawkins Companies requested the City Council reconsider their decision to
deny the development agreement modification (development agreement in lieu of a PUD). The City
Council directed staff to provide public notice for a reconsideration public hearing regarding the
development agreement modification (development agreement in lieu of a PUD) to occur on October
25, 2016 (RZ-05-02 MODS).
On October 25, 2016, the City Council approved a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
E. COMPANION APPLICATIONS: None
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F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and separated
sidewalks.
H. 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 along East Eagles Gate Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
I. OUTDOOR LIGHTING:
A site lighting plan showing location, height, and wattage is required to be reviewed and approved by
the Zoning Administrator prior to issuance of any building permits.
J. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for any
signs proposed on this site.
K. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from ACHD and Eagle Fire Department have been received by the City.
A water service approval has not been received to date. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit.
L. PUBLIC USES PROPOSED: None.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON -STYE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
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P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report and
incorporated herein. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description. An allowable density of up to 20
units per 1 acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
C. DISCUSSION:
The applicant is requesting design review approval of the common area landscaping along East
Eagles Gate Drive. Street trees are proposed along both sides of the street with the exception of
the area on the south side of East Eagles Gate Drive that contains ACHD storm drain facilities.
Pursuant to past action by the Design Review Board, applicants have been permitted to provide
revised landscape plans showing street trees located behind the sidewalk where ACHD storm
drain facilities are located within the planter strip. The applicant should be required to provide a
revised landscape plan showing approximately fourteen (14) street trees on the south side of the
sidewalk along East Eagles Gate Drive where the ACHD storm drain facilities are located. The
revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing
the final plat.
• The applicant is proposing to construct a faux bridge just east of Eagle Road where East Eagles
Gate Drive intersects with Eagle Road. The materials and construction of the faux bridge will
match the faux bridge constructed on West Colchester Drive just east of Eagle Road. Ponds are
to be constructed on the north and south sides of East Eagles Gate Drive.
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• 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 January 9, 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 6 to 0 (Baer absent) to approve DR -77-16 for a design review application to construct
the common area landscaping along East Eagles Gate Drive within Lakemoor Subdivision for DMB
Investments LLC, 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 FP -08-15 and FP-08-15MOD.
2. Provide a revised landscape plan showing approximately fourteen (14) street trees on the south side of
the sidewalk along East Eagles Gate Drive where the ACHD storm drain facilities are located. The
revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the
final plat.
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. A separate design review
application is required prior to any signs being constructed on this site.
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
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project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
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
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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.
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.
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22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the City Council approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -77-16) 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 a public street with the approval of a design review application within the
MU (Mixed Use) 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 public street is designed to complement the general
vicinity and provide aesthetically pleasing street trees to enhance the character of the area;
C. No off street parking is required with this improvement; however, ingress/egress has been provided
to the developments located to the north and south of the public street improvements;
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 landscaping since the
landscaping has been designed to complement the landscaping within the development and will
enhance the character of the area;
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E. No buildings are proposed with the public street construction;
F. No buildings are proposed that will obstruct views and vistas;
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 the applicant has
provided separated sidewalks on the north and south sides of East Eagles Gate Drive, will connect
to the pathway proposed adjacent to Eagle Road, and will provide pedestrian connectivity to the
adjacent sites;
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 commercial center in the area since the
site has been designed to provide pedestrian connectivity to the adjacent sites; and
1. No signs are proposed. However, any proposed signs will be required to harmonious with the
architectural design of the adjacent buildings and area, and shall not cover or detract from desirable
architectural features.
DATED this 26' day of January 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robe ,Chairman
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Sharon ergmann, Eagle Cit le
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Regulatory Taking Notice: Applicant hi4v,0 i&,1ptnt to section 67-8003, Idaho Code, to request a
regulatory taking analysis ••••...�.•��•
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