Findings - DR - 2001 - DR-44-00 MOD - Design Reveiw Modification To Modify Landscaping Along Hill Rd / Trolly Hill Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
O~/G/NAL
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW MODIFICATION TO MODIFY
THE LANDSCAPING ALONG HILL ROAD WITIDN
TROLLEY SQUARE SUBDIVISION FOR COULTER
PROPERTIES LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-44-00 MOD
The above-entitled design review application came before the Eagle Design Review Board for their
action on December 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.
B.
C.
PROJECT SUMMARY:
Coulter Properties LLC, represented by Ronald Coulter, is requesting a design review
approval for a modification of the landscaping along Hill Road within Trolley Square
Subdivision. The original landscape plan for Trolley Square Subdivision showed the
drain ditch to be relocated underground. Recently the US Army Corps of Engineers
placed a cease and desist order on the project based upon the finding that the drain ditch
was classified as a waters of the United States. Based on this determination, the
applicant was required to provide plans to the Corps of Engineers showing the drain
ditch as an open feature with Corp-approved plantings within the drain ditch area. The
attached plans are the plans that were submitted to the US Army Corps of Engineers.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 30,2001.
DISCUSSION:
.
The original landscape plan showed Norway Maple trees lining the proposed Hill Road
extension and the center landscape islands. Trees were not proposed to be planted where
driveways were proposed and where the ditch was to be piped underground. The revised
landscape plan shows the new alignment of the ditch and a new driveway location on Hill
Road, which was moved because of the location of the ditch. Staff has provided Exhibit A
showing the addition of 14 street trees along Hill Road and Academy Way. The applicant
should be required to provide a revised landscape plan showing the additional 14 street trees
along Hill Road and Academy Way as shown on Exhibit A. The revised landscape plan
should be reviewed and approved by staff prior to the City Clerk signing the final plat.
As shown on the original landscape plan, no trees were proposed along the east property line
near the northeast comer ofthe site. Trees were omitted from this area because the ditch was
proposed to be piped underground. Staff recommends that the applicant be required to
provide a revised landscape plan showing additional trees along the east property line as
shown on Exhibit A. The additional trees should be planted in a configuration similar to the
trees proposed along the east property line located south of this area. The revised landscape
plan should be reviewed and approved by staff prior to the City Clerk signing the final plat.
.
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.
The developer indicated in the justification letter that a fence similar to the one next to the
McDonald's was going to be installed along the drain ditch. The developer should be
required to provide a site plan showing the location ofthe fence in relation to the drain ditch
and Hill Road and a detail ofthe proposed fence showing the style, height, and color of the
proposed fence. The site plan and fence details should be reviewed and approved by the
Design Review Board prior to the City Clerk signing the final plat.
Staff defers comment regarding the landscape design to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITffiN 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.
BOARD DECISION:
The Board voted 3 to 0 (Barnes and McCullough absent) to approve DR-44-00 MOD for a
design review application to modify the landscaping along Hill Road within Trolley Square
Subdivision 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable requirements ofCU-12-00 and PP-12-00 (Trolley Square Subdivision).
2. Comply with any applicable requirements ofDR-16-01 and DR-44-00 (Trolley Square Subdivision
perimeter and parking lot landscaping).
3. Provide a revised landscape plan showing the additional 14 street trees along Hill Road and
Academy Way as shown on Exhibit A. The revised landscape plan shall be reviewed and approved
by the Design Review Board staff prior to the City Clerk signing the final plat.
4. Provide a revised landscape plan showing additional trees along the east property line as shown on
Exhibit A. The additional trees shall be planted in a configuration similar to the trees proposed along
the east property line located south of this area. The revised landscape plan shall be reviewed and
approved by the Design Review Board staff prior to the City Clerk signing the final plat.
5. Provide a site plan showing the location of the fence in relation to the drain ditch and Hill Road and a
detail of the proposed fence showing the style, height, and color of the proposed fence. The site plan
and fence details shall be reviewed and approved by the Design Review Board prior to the City Clerk
signing the final plat.
6. Provide a revised landscape plan outlining all chan~es associated with the drainalle ditch realignment
design approved by the Army Coq>s ofEn~ineers (Coq> chan~es are shown on the attached plans
titled "Revegetation Zone A and Zone B"). An individual knowledgeable in the field oflandscape
architecture or landscape design shall prepare the revised landscape plan. The revised landscape
plan shall be reviewed and approved by the Design Review Board as an unfinished business item
prior to the City Clerk signing the final plat.
7. The Design Review Board herebY approves the location of the ditch realignment as well as the
landscaping approved by the Army Coq>s of Engineers.
8. Plans for each individual lot within this subdivision shall incorporate the design changes associated
with the ditch realiiPlment and shall be submitted to the DesiiPl Review Board for review and
approval.
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9. The development aweement between the ACHD and the developer of this property includes items
which conflict with the street profile desi pl previously approved by the Ea~le Desi~ Review Board
and the City Council. The a,pplicant shall ne~otiate with the ACHD to amend the development
aweement to incOl:porate a street section profile which shows a 5-foot wide landscape strip and a 5-
foot wide detached sidewalk as ori~inally ap,proved by the Desi~ Review Board as shown on the
plan date stamped by the City on November 3. 2000. The Board reco plizes that a detached sidewalk
is not physically possible alon2 certain sections of the drain ditch parallel to or adjacent to Hill Road
and would support the applicant's position allowin~ an attached sidewalk in these particular sections.
The revised landscape plan shall reflect the sidewalk desi~ as noted above. The revised street
profile and landscape plan showin~ any sidewalk chan~es shall be reviewed and approved by staff
and one member of the Desi~ Review Board prior to City approval of the first final plat for the
subdivision.
10. Provide a profile in elevation and detail of the proposed fence that separates the sidewalk from the
irri~ation ditch. The profile and detail of the proposed wrou~ht iron fence shall be reviewed and
approved by staff and one member of the Desi pl Review Board prior to the City Clerk si~ing the
final plat.
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
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. 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,
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.
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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 of a 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 ofthe 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).
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.
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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 November 30, 2001.
2. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-44-00 MOD) with regard to Eagle City Code Section 8-2A-13 Design Review Board
Action, 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. The Design
Review Board recognizes the significant modifications created by the drain ditch realignment to the
previously approved Trolley Square Subdivision applications. The intent of the Design Review
Board is to have the opportunity to review a revised landscape plan that fully delineates the drain
ditch realignment and required landscaping of the Army Corps of Engineers rather than to challenge
the design approved by the Army Corps of Engineers.
DATED this 10th day of January 2002.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, I
ATTEST:
1Q~>--~~
'--"'Sharon~K. Moore, Eagle City lerk
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