Findings - DR - 2001 - DR-57-01 - Landscaping & Amenities Within Reid Merrill Sr Community Park Restroom Picnic Pathways Playground Etc
ORIGINAL
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR LANDSCAPING AND)
AMENITIES WITIDN REID MERRILL SR. )
COMMUNITY PARK FOR THE CITY OF EAGLE)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-57-01
The above-entitled design review application came before the Eagle Design Review Board for their
action on September 13,2001. The Eagle Design Review Board having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
The City of Eagle, represented by Don Belts with Jensen-Belts Associates, is requesting
design review approval of the landscaping and park amenities, which include restroom
and picnic facilities, pathways, playground equipment, basketball and volleyball courts
within the Reid Merrill Sr. Community Park. The 8.7-acre site is located south and east
of a portion of the Eagle River development and north of the north channel of the Boise
River.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 9,2001.
C.
NOTICE OF PUBLIC HEARING:
Notice of this public hearing was mailed to property owners abutting the subject
property in accordance with the requirements of Eagle City Code on August 24, 2001.
Requests for agencies' reviews were transmitted on August 10, 2001 in accordance with
the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 24, 2001, the Eagle City Council approved a preliminary plat for Eagle River
Subdivision (PP-14-00). The preliminary plat included the lot for the Reid Merrill Sr.
Community Park, which is to be funded and completed by the City of Eagle.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed-Use MU-DA (Mixed Use with Vacant
Development Agreement)
Proposed No Change No Change Community Park
North of site Mixed-Use MU-DA (Mixed Use with Vacant (proposed Eagle
Development Agreement) River Subdivision)
South of site Mixed-Use RT (Rural Transition -Ada FloodwaylNorth Channel
County) of Boise River
East of site Mixed-Use RT (Rural Transition -Ada Agricultural
County)
West of site Mixed-Use MU-DA (Mixed Use with Vacant (proposed Eagle
Development Agreement) River Subdivision)
G.
H.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
EXISTING SITE CHARACTERISTICS: There are numerous trees located within the floodway
which are proposed to be retained.
1.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 8.7 -acres (378,972-square feet) 0.16-acres (7,000-square feet)
(minimum)
Percentage of Site Devoted to 1 % (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 93% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 53-parking spaces N/A
Front Setback 170-feet (north) 20-feet (minimum)
Rear Setback 275-feet (south) 20-feet (minimum)
Side Setback 8-feet (west) 7.5-feet (minimum)
Side Setback 65-feet (east) 7.5-feet (minimum)
Note: Setbacks are measured ITom the property line to the closest building.
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J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Three, Picnic shelter, restroom facilities and
observation shelter.
Height and Number of Stories of Proposed Buildings: All buildings are one story
Picnic shelter - 20-feet
Restroom facilities - 14- feet
Observation shelter - 14-feet
Gross Floor Area of Proposed Buildings: Picnic shelter = 2,400-square feet
Restroom facilities = 567-square feet
Observation shelter = 400-square feet
On and Off-Site Circulation:
A 21,300-square foot (approx.) paved parking lot provides parking for vehicles using
this site. One 30-foot wide driveway is proposed to be located on the north side of this
site approximately 65-feet east of the west property line providing access to Parkway
Boulevard. One 30-foot wide driveway is proposed to be located on the north side of
this site approximately 300-feet west of Riverside Drive providing access to Parkway
Boulevard.
K.
BUILDING DESIGN FEATURES:
Roof: Standing Seam Metal (Metallic Charcoal Grey)
Walls: Cedar Siding - 6-inch vertical (Stained)
Windows/Doors: Aluminum or Hollow Metal (Painted)
FacialTrim: Wood (Stained)
1.
LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees located
within the floodway which are proposed to be retained.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed to be located between the curb and the sidewalk along
Parkway Boulevard and Riverside Drive. The street trees are proposed to be planted 35-feet on
center by the developer of Eagle River development (Mixed Use Subdivision No.1).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the parking lot of
phase one.
b. Interior Landscaping: 10% interior landscaping is required. 13% is proposed.
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M.
N.
TRASH ENCLOSURES:
One SO-square foot trash enclosure is proposed to be located along the south side of the
parking lot approximately 140-feet south ofthe eastern driveway on Parkway Boulevard.
The enclosure and gates are proposed to be constructed of cedar siding to match the
picnic and restroom facilities.
OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be
reviewed and approved by the Design Review Board prior to issuance of any building
permits.
O.
SIGNAGE:
No signs are proposed with this application. A separate design review application is
required for the approval of any signs.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire
Department, Eagle Sewer District 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.
P.
Q.
R.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
S.
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - a portion of this site is located within the floodway
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - yes - North Channel of the Boise River
Unique Animal Life - yes
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - yes
T.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments, which appear to be of special concern, are noted below:
U.
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
New Union Ditch Company
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V.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
LETTERS FROM THE PUBLIC: None received to date.
A.
B.
C.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A- 7(C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved
in writing by the City. Where trees are approved by the City to be removed from the
project site (or from abutting right of way) replacement with an acceptable species is
required as follows:
Existing Tree Replacement
1 inch to 6 inches cal. 2x cal. of tree removed
61/4 inches to 12 inches 1.5x cal. of tree removed
121/4 inches or more Ix cal. of tree removed
.
Section 8-2A- 7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction. Construction or
excavation occurring within the drip line of any public or private retained tree or shrub
may severely damage the tree or shrub. Any severely damaged tree or shrub shall be
replaced in accordance with subsection Cl of this Section.
.
Section 8-2A- 7(E)( 4)
The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled
and burlapped.
.
Section 8-2A- 7(J)(2)( c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five foot (5') wide by six foot
(6') high landscaped buffer is required.
DISCUSSION:
.
There is existing vegetation on this site located south of the wetland area. The landscaping
proposed within this area is to be incorporated with the existing vegetation. The existing
vegetation should be protected during the construction of the pathways and planting of the
landscape material. The applicant should be required to provide construction fencing around
the existing vegetation prior to issuance of any building permits for this site.
The proposed landscape pIan shows 1 112 to 2 112 -inch caliper trees to be planted on site. Per
Eagle City Code the minimum acceptable size for deciduous trees is 3-inch caliper, balled
and burlapped. The applicant should be required to provide a revised landscape plan
showing all deciduous trees a minimum of 3-inches in caliper. The revised landscape plan
should be reviewed and approved by staff prior to issuance of any building permits for this
.
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site.
.
A combination of shrubs of several different varieties and sizes have been proposed to be
planted within the interior landscape islands of the parking lot. The trash enclosure is
located within one of the interior landscape islands. Per Eagle City Code the applicant is
required to conceal trash enclosures with a five foot (5') wide by six foot (6') high
landscaped buffer. It is staff s opinion that the proposed plant material is a good variety and
will screen the trash enclosure, however, the size of the plant material should be specified in
this area. The applicant should be required to provide a revised landscape plan showing the
specific size of plant material to be planted around the trash enclosure to insure that the
enclosure is screened per Eagle City Code with a five foot (5') wide by six foot (6') high
landscape buffer. The revised landscape plan should be reviewed and approved by staff
prior to issuance of any building permits for this site.
A railing (fence) has been proposed on the west side of the children's play area. The
applicant should be required to provide a detail of the proposed rail (fence) located on the
west side of the children's play area showing height, material, color, etc. The detail of the
rail (fence) should be reviewed and approved by staff prior to issuance any building permits
for this site.
.
.
The street trees on Parkway Boulevard and Riverside Drive located between the curb and the
sidewalk are proposed to be planted by the developer of Eagle River development (Mixed
Use Subdivision No.1). The street trees located between the curb and the sidewalk along
Parkway Boulevard and Riverside Drive should be installed prior to issuance of a certificate
of occupancy for the picnic and restroom facilities.
Staff defers comment regarding building design and colors 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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on September 13,
2001, at which time testimony was taken and the public hearing was closed. The Board made their
decision at that time.
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).
BOARD DECISION:
The Board voted 4 to 0 (Kenison absent) to approve DR-57-01 for a design review application
for landscaping and amenities within Reid Merrill Sr. Community Park with the following staff
recommended site specific conditions of approval and standard conditions of approval with text
shown with strike thru to be deleted by the Board and text shown with underline to be added by
the Board.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The existing vegetation shall be protected during the construction of the pathways and planting of the
landscape material. The applicant shall be required to provide construction fencing around the
existing vegetation prior to issuance of any building permits for this site.
2-. Provide a re'lised landseape plan showing all deciduous trees a minimum of 3 inches in caliper. The
revised landscape plan shall be reyiewed and apprø'.'ed by staff prior tØ issuance of any building
permits f{)r this site.
3. Provide a revised landscape plan showing the specific size of plant material to be planted around the
trash enclosure to insure that the enclosure is screened per Eagle City Code with a five foot (5') wide
by six foot (6') high landscape buffer. The revised landscape plan shall be reviewed and approved
by staff prior to issuance of any building permits for this site.
4. Provide a detail of the proposed rail (fence) located on the west side of the children's play area
showing height, material, color, etc. The detail of the rail (fence) shall be reviewed and approved by
staff prior to issuance any building permits for this site.
5. The street trees located between the curb and the sidewalk along Parkway Boulevard and Riverside
Drive shall be installed prior to issuance of a certificate of occupancy for the picnic and restroom
facilities.
6. Provide a revised landscape and site plan to be reviewed by the Desi¡p1 Review Board as Unfinished
Business showing the followin~: 1) All shade class tree shall be a minimum of3-inches in caliper. 2)
Minimal security up-li¡htin~ within the buildin¡s. 3) Details of the brid~e showin~ type and
construction. 4) Details of the plaY¡found and water park equipment.
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 any building permits or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of 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
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handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. 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.
11. 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.
12. 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,
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1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. 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 ofa building permit
or Certificate of Occupancy, whichever occurs first.
17. 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.
18. Basements in the flood plain are prohibited.
19. 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 Commission and/or Council.
20. 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/or the Planning and Zoning Commission
for review and approval.
21. 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.
22. 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.
23. 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 Design Review Board approval date).
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24. 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.
25. 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 application for this item was received by the City of Eagle on August 9, 2001.
2. Notice of this public hearing was mailed to property owners abutting the subject property in
accordance with the requirements of Eagle City Code on August 24, 2001. Requests for agencies'
reviews were transmitted on August 10, 2001 in accordance with the requirements of the Eagle City
Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-57-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board
Action, and based upon the information provided concludes that the proposed design review
application is in accordance with the Eagle City Code.
DATED this lIth day of October 2001.
/1."',
ATTEST: .~..~ O~:cJ
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Sharon K. Moore, Eagle City Clerk ~
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