Findings - CC - 2018 - DR-54-17 - Common Area LandscapingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN SNOQUALNIIE )
RIVER SUBDIVISION NO. 1 FOR BRAHMA LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -54-17
The above -entitled design review application came before the Eagle City Council for their action on
February 13, 2018. The Eagle City Council 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:
Brahma LLC, represented by Jesse Buster with Stack Rock Group, is requesting design review approval
for the common area landscaping within Snoqualmie River Subdivision No. 1. The 26.69 -acre site is
located on the west side of North Palmer Lane and south side of West Decathlon Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 1, 2017. Revised materials were
received on December 12, 2017, and December 28, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 8, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat (A-09-05/RZ-13-05/CU-
12-05/PPUD-13-05/PP-01-06) for the Legacy Planned Community.
On August 22, 2006, the City Council approved a design review application for the common area
landscaping and sports academy facility within Legacy Planned Community (DR -64-06).
On August 28, 2007, the City Council approved the final development plan and final plat FPUD-01-
07/FP-01-07/ FP -02-07, for Mosca Seca Subdivision Phases No. 1 & No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD) to the development agreement to provide a time schedule for
the build -out of the Academy Core area located within Mosca Seca Subdivision (located within the
Legacy Planned Unit Development).
On November 13, 2017, the City Council approved a design review application for the Eagle Sewer
District sewer lift station (DR -65-07).
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On February 19, 2008, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD 2) within the development agreement to address the
percentage of allowable second story square footage in relationship to the first floor for homes located
on lots less than 8,000 -square feet in size, the provisions of private roads, construction flooring material
for attached single-family dwellings, and the Memorandum of Agreement regarding the on-site
municipal water system.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County Recorder's
office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT -12-09) for the preliminary
plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2010.
On November 9, 2010, the City Council approved an extension of time (EXT -07-10) for the preliminary
plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011.
On September 13, 2011, the City Council approved an extension of time (EXT -06-11) for the
preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012.
On June 26, 2012, the City Council approved a modification to the Conditions of Development and
associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the allowed
density, modify the open space by removing the requirement to construct the sports academies, and
address the condition of development regarding a school site.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On January 10, 2013, the City approved a design review application to modify the landscaping within
Snoqualmie Falls No. 2 (DR -64-06 MOD).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On May 1, 2014, the City approved a design review application to modify the landscaping within
Snoqualmie Falls No. 2 (DR -64-06 MOD2).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
On January 23, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13).
On March 25, 2014, City Staff approved a design review application to modify the common area
landscaping within Snoqualmie Falls No. 4 (DR -68-13 MOD).
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada County
Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada
County Recorder's office.
On January 28, 2014, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Snoqualmie Falls Subdivision No. 6 (CU-06-14/PPUD-03-14/PP-09-14).
On March 13, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 5 (DR -07-14).
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On April 9, 2015, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 6 (DR -06-15).
On April 28, 2015, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 6 (FPUD-04-15/FP-05-15).
On June 9, 2015, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 7 (FPUD-05-15 & FP -06-15).
On September 8, 2015, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 8 (FPUD-06-15 & FP -09-15).
On July 14, 2016, the Eagle Design Review Board approved a design review application modifying the
common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13 MOD2).
On August 22, 2016, the City approved a design review application to relocate playground equipment
proposed within Snoqualmie Falls Subdivision No. 7 to Snoqualmie Falls Subdivision No. 4 (DR -06-
15 MOD).
On December 8, 2016, the Eagle Design Review Board approved a design review application to
construct a covered bridge structure at the entrance to Snoqualmie Falls Subdivision No. 7 (DR -06-15
MOD3).
On March 29, 2017, the City approved a design review application for the installation of private boat
docks around two ponds within Snoqualmie Falls No. 7 (DR -06-15 MOD4).
On September 12, 2017, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat application for Snoqualmie Falls Subdivision No. 10 (CU-06-17/PPUD-03-
17/PP-03-17).
On October 24, 2017, the City Council approved a design review application for the common area
landscaping within Snoqualmie Falls Subdivision No. 10 (DR -44-17).
On October 24, 2017, the City Council approved a design review application for an entry feature located
on the northeast corner of Palmer Lane and East Nordic Drive (DR -45-17).
On November 28. 2017, the City Council approved a modification to the development agreement
associated with the R -2 -DA -P zoning classification for the Legacy Development (RZ-13-05 MOD4).
On November 28, 2017, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat application for Snoqualmie River Subdivision (CU-08-17/PPUD-04-17/PP-
04-17).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING DESIGNATION LAND USE
DESIGNATION
Existing Residential Two
Proposed Residential Two
North of site Residential Two
South of site Mixed Use
East of site Residential Two
West of site Residential Two
R -2 -DA -P (Residential with a
development agreement -
PUD)
R -2 -DA -P (Residential with a
development agreement -
PUD)
R -2 -DA -P (Residential with a
development agreement -
PUD)
Agricultural/Part of
Proposed Legacy
Development
Single -Family, Residential
Planned Unit Development
Legacy Development
(Snoqualmie Falls Subs)
RUT (Rural Urban Transition Agricultural
— Ada County Designation)
R -2 -DA -P (Residential with a
development agreement -
PUD)
R -2 -DA -P (Residential with a
development agreement -
PUD)
Legacy Development
(Snoqualmie Falls Subs)
Legacy Development
(Snoqualmie Falls Subs)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is vacant land located to the west of North Palmer Lane, between the Middleton Mill Canal
and McHenry Lateral.
I. SITE DATA:
Total Acreage of Site — 26.69 -acres
Total Number of Lots — 82
Residential — 70
Commercial — 0
Industrial — 0
Common — 12
Total Number of Units -
Single-family — 70
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The executed development agreement associated with the site (Instrument No. 106161990) requires a
35 -foot wide landscape buffer adjacent to all collector roads on the property, pursuant to Eagle City
Code 8-2A-7. The preliminary plat, date stamped by the city on November 1, 2017, shows the common
lot located adjacent to N. Palmer Lane to be a minimum of 100 -feet in width, and the common lots
located adjacent to West Decathlon Street are shown to be a minimum of 50 -feet in width. The typical
street section (half -section) for N. Palmer Lane shows a maximum 10 -foot high berm located within
the common lots.
Open Space:
A total of 7.42 -acres (27.8%) of common area is proposed within the planned unit development. The
overall active open space percentage within the Legacy development is 33.7%. The common area is a
combination of one (1) large pond, the buffer areas located adjacent to North Palmer Lane and West
Decathlon Street, the pathway area located adjacent to southern boundary of the development, and
several common lots located adjacent to the streets and corner lots. The residents of the development
will also have access to the golf course, tennis courts, soccer fields, swimming pools, tot lots, and other
pathways located within the Legacy development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned
unit development. The applicant provided a preliminary plat and development plan, date stamped by
the city on August 21, 2017, which contains separate plat notes that reference the front and rear property
lines have a 12 -foot wide utility easements respectively. The preliminary plat and development plan
also contains a separate plat note referencing that the interior side lot lines have a 5 -foot wide easement
for public utilities, property drainage, and pressurized irrigation.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be
served by the City of Eagle Municipal Water System.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
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K. 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 along all the streets proposed within this phase.
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 and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction will
be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Andeavor
Eagle Fire Department
Idaho Transportation Department
Republic Services
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:
6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted February 15, 2015), 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. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7 (J). A six-foot (6') high privacy fence shall be constructed
adjacent to the common boundary with Lincoln Park Subdivision prior to the City Clerk signing
the final plat. The style of fence shall be selected by the applicant in conjunction with the adjacent
property owners and shall be reviewed and approved by the City Council with the final plat
application.
5. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape berms,
landscaped islands and knuckles, and all common areas throughout the subdivision, 3) building
elevation plans for all proposed common area structures and irrigation pump house (if proposed),
4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities
such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7) proposed
style of fencing. The design review application shall be reviewed and approved by the Eagle
Design Review Board and Eagle City Council prior to the submittal of a final plat application.
6. 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 within an 8 -foot wide landscape strip between the 5 -
foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the
applicant shall either install the required trees, sod, and irrigation or comply with the Parkway
Landscape agreement for the Legacy development associated with Horseshoe Flats, LLC. Trees
shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety
may be permitted for any portion of the development that is completed, including street trees that
have been installed. On-going surety for street trees for all undeveloped portions of the
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development will be required through project completion.
7. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
8. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site. The final plat shall contain a plat
note referencing the ACHD license agreement and associated Ada County instrument number.
10. Provide a revised preliminary plat and development plan showing the pathway along the
Middleton Mill Canal aligning with the pathway shown within Snoqualmie Falls Subdivision No.
9 and showing pathway connections from Lots 21 and 32, Block 1. Plat note #8 should be
modified to indicate that Lots 21 and 32, Block 1, will provide pathway access. The required
landscape buffer adjacent to North Palmer Lane may be modified as needed to accommodate the
pathway alignment. The revised preliminary plat and development plan shall be provided prior to
the submittal of a design review application.
C. 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.
• Eagle City Code Section 8 -2A -7(F)(1)
When more than ten (10) trees are to be planted to meet the requirements of these guidelines, a
mix of species shall be provided. The number of species to be planted shall vary according to the
overall number of trees required to be planted. Species shall be planted in proportion to the
required mix. See the table below:
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Required Number Of Trees I Minimum Number Of Species
11 -20 2
21 -30 3
31 -40 r 4
41 plus 5
• Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four (4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may
be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent
(50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet (3')
horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided in combination with the
berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
A. 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.
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B. 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 01 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
C. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified in
the application submitted under subsection 02 of this section. If the application is approved,
the amount to be contributed by the applicant will be based upon the total caliper inches of
deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed
from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for
coniferous trees shall be determined by resolution of the city council. The applicant shall
have the right to review and consider the value determination, and following said review, to
reapply for other alternative methods of compliance, without prejudice, in accordance with
subsection 02 of this section.
D. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Snoqualmie River Subdivision No. 1, a 26.69 -acre development, an 82 -lot (70 -buildable, 12 -
common) residential planned unit development. The common area consists of one (1) pond,
street trees, and the buffer area along North Palmer Lane and West Decathlon Street.
• Pursuant to past action by the Design Review Board (DR -44-17, Snoqualmie Falls Subdivision
No. 10), the applicant was permitted to reduce the number of trees planted within the buffer area
along North Palmer Lane (required for Snoqualmie Falls Subdivision No. 10), which is classified
as a collector road. This was based on the applicant increasing the minimum height of the berm
from five feet (5') to a minimum of ten feet (10') and increasing the minimum size of the
evergreen plant material to an average height of eighteen feet (18') to be planted adjacent to
Floating Feather Road. With regard to this application, the applicant is requesting approval of an
alternative method of compliance to continue the reduced but taller plant material and taller
berms along North Palmer Lane. North Palmer Lane is classified as a collector and would require
a five foot (5') high berm to be planted with four (4) deciduous trees, five (5) evergreen trees, and
twenty-four (24) shrubs per one hundred (100) linear feet of frontage. Pursuant to Eagle City
Code Section 8-2A-7(J)(4)(a), thirty-six (36) deciduous trees, forty-five (45) evergreen trees, and
two hundred sixteen (216) shrubs are required to be planted within the nine hundred (900) linear
feet of frontage along North Palmer Lane. The landscape plan, date stamped by the city on
December 28, 2017, shows twenty-two (22) deciduous trees, twenty (20) evergreen trees, and
four -hundred -twenty-three (423) shrubs to be planted adjacent to North Palmer Lane. The
average height of the trees along North Palmer Lane is ten -feet (10'). The reduced quantity of
trees with the taller berm was approved with the development of Snoqualmie Falls Subdivision
No. 10 along the East Side of North Palmer Lane. Staff defers comment regarding the reduced but
taller plant material and taller berm along North Palmer Lane 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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 11, 2018,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 13:48)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The berm planting is unique and beautiful with the larger plant material and stone walls.
• The proposed buffer along North Palmer Lane appears to match what was previously approved and
planted within Snoqualmie Falls Subdivision No. 10 along the east side of North Palmer Lane.
BOARD RECOMMENDATION:
The Board voted 7 to 0 to recommend approval of DR -54-17 for a design review application for the
common area landscaping within Snoqualmie River Subdivision No. 1 for Brahma LLC, with the site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated January 25, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 13, 2018, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -54-17 for a design review application for the common area
landscaping within Snoqualmie River Subdivision No. 1 for Brahma LLC, with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-13-05 and
subsequent modifications.
2. Comply with all applicable conditions of CU-08-17/PPUD-04-17/PP-04-17.
3. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. A fence permit is required prior to the installation of any fence located along a street.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application and none are approved.
6. Provide a revised landscape plan showing a cross-section of the six-foot (6') high berm, along with
the style and placement of the landscaping to be placed on it. The revised landscape plan shall note
the locations of the six-foot (6') high and ten -foot (10') high berms. The revised landscape plan shall
be reviewed and approved by staff and two (2) members of the Design Review Board prior to the City
Clerk signing the final plat.
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7. Provide a detailed cut sheet showing the style and color of the playground equipment to be located on
Lot 1, Block 4. The detailed cut sheet shall be reviewed and approved by staff and two (2) members
of the Design Review Board prior to the City Clerk signing the final plat.
8. Provide an updated overall landscape plan showing the existing and proposed landscaping within the
Legacy Development to be reviewed and approved by staff and two (2) members of the Design
Review Board prior to the City Clerk signing the final plat.
9. Provide a revised landscape plan showing the dimension of the planter strip adjacent to North Palmer
Lane. The planter strip shall be a minimum of eight -feet (8') in width, measured from edge of
sidewalk to back of curb. The revised site plan shall be reviewed and approved by staff and two (2)
members of the Design Review Board prior to the City Clerk signing the final plat.
10. Provide a revised landscape plan showing street trees planted 35 -feet on -center within the median
along West Decathlon Street. The revised landscape plan shall be reviewed and approved by staff and
two (2) members of the Design Review Board prior to the City Clerk signing the final plat.
11. The alternative method of compliance regarding the height of the berming and the reduced quantity of
landscaping adjacent to North Palmer Lane is approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources 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
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.
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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.
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.
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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
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.
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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 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 -54-17) 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 Sections 8 -2A -7(E)(4 and 5) and 8-2A-7(J)(4)(a), and has concluded:
a. The proposed berm height of ten feet (10') and width of one hundred feet (100') exceeds the
minimum five-foot to eight -foot (5' to 8') high berm and the minimum width of thirty-five (35')
required.
b. The proposed three-inch (3") caliper deciduous trees exceed the two-inch (2") minimum caliper
required.
c. The proposed ten -foot (10') high evergreen trees exceed the six-foot to seven -foot (6' to 7')
minimum height required.
d. The proposed buffer along North Palmer Lane is consistent with the plantings, stone walls, and
berm height and width constructed in previous phases of the development.
3. 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;
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 landscape buffer is designed to complement the
general vicinity and provides aesthetically pleasing landscaping 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 — Not applicable for a landscape plan;
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;
E. No structures are proposed with this application. Structures, if proposed, will be required to have
facades, features, and other physical improvements that are designed as a whole, when viewed
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alone as well as in relationship to surrounding buildings and settings — Not applicable for a
landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed plant material on the berm is larger but less than that required
within Eagle City Code Section 8-2A-7(J)(4)(a) thereby creating view corridors and vistas by
leaving open areas on the berm;
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 a regional pathway along North Palmer Lane and within the development and provides
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 residential area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover or detract from
desirable architectural features.
DATED this 13th day of February 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City
erk
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