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Findings - DR - 2002 - DR-18-01 - Common Area Landscaping Within Great Sky Estates Subdivision No 7 D. E. BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR) A DESIGN REVIEW FOR COMMON AREA ) LANDSCAPING WITIDN GREAT SKY ESTATES) SUBDIVISION NO.7 FOR IF! PARTNERS II ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-81-01 The above-entitled design review application came before the Eagle Design Review Board for their action on January 10, 2002. 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: IFI Partners II, represented by John G. Evans is requesting design review approval of the common area landscaping within Great Sky Estates Subdivision No.7. The 2.98-acre site is located on the south side of Hill Road approximately 600-feet west of State Highway 55. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on December 6, 200 I. NOTICE OF PUBLIC HEARING: Notice of this public hearing was mailed to abutting property owners of the subject property in accordance with the requirements of Eagle City Code on December 21, 2001. Requests for agencies' reviews were transmitted on December 10, 2001 in accordance with the requirements of the Eagle City Code. B. c. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 10, 2001, the Eagle City Council approved a rezone application with development agreement for this site (RZ-14-01). On November 13, 2001, the Eagle City Council approved a preliminary plat application (PP-9-01) for Great Sky Estates Subdivision No.7. COMPANION APPLICATIONS: None STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: B. . Section 8- 2A - 7 (E)( 4) The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled Page 1 of 8 K:\Planning DeptlEagle ApplicationslDr\200 1 \DR-81-01 drfdoc ._--~------- ----- c. . and burlapped. Section 8-2A- 7(J)(2)(b) . When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high landscaped buffer is required. Section 8-2A- 7(J)(3)(a) . All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and groundcover in which evergreen plant materials comprise a minimum of sixty percent (60%) of the total plant material used. Section 8-2A- 7(J)(3)(b) . Height requirements shall be accomplished with plant material with a fence or decorative wall. Section 8-2A- 7(J)( 4)(a) 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, panelized vinyl fence, decorative block wall, or 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 panelized vinyl fence, decorative block wall, or 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 at the top of the berm shall be provided for the placement ofthe fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. DISCUSSION: . The landscape plan shows a variety of deciduous trees, three Norway Spruce trees and nineteen Pyramidal Arborvitae to be planted along the west property line of the commercial area. The proposed Norway Spruce and Pyramidal Arborvitae meets the minimum sixty percent of required evergreen plant materials required by Eagle City Code for buffer areas. However, the landscape plan does not note where the 6-foot high T & G Vinyl Privacy fence is to be located along the west property line. The applicant should be required to provide a revised landscape plan noting where the 6-foot high vinyl fence is to be located along the west property line of the commercial area. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. The landscape plan shows one (1) deciduous tree, eight (8) evergreen trees, and approximately thirty six (36) shrubs along the portion of this site abutting Hill Road. Per Eagle City Code, a minimum offour (4) deciduous trees, five (5) evergreen trees, and twenty four (24) shrubs are required per one hundred (100) linear feet of right-of-way. The applicant should be required to provide a revised landscape plan showing a minimum of four (4) deciduous trees, five (5) evergreen trees and twenty four (24) shrubs along the portion of this site abutting Hill Road. The revised landscape plan should be reviewed and approved by . Page 2 of 8 K:IPlanning DeptlEagle ApplicationslDr\2001\DR-81-01 drfdoc . staff and one member of the Design Review Board prior to the City Clerk signing the final plat. The landscape plan indicates that the berm along Hill Road is proposed to be three feet to four feet in height. Per Eagle City Code, a minimum five foot high to a maximum eight foot high berm, panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The applicant should be required to provide a scalable cross section of the landscape berm or combination thereof is a minimum of five foot high along Hill Road. The cross section should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. The landscape plan indicates some of the flowering and deciduous trees to be less than 3- inches in caliper. Per Eagle City Code, the minimum acceptable size for deciduous trees is 3-inch caliper. The applicant should be required to provide a revised landscape plan showing all flowering and deciduous trees are a minimum of 3-inches in caliper. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. . . The following are site specific condition of approval from the rezone with development agreement approval (RZ-14-00) requiring design review approval: 2.1 The owner shall submit a Design Review application for the site (as required by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of the Design Review. The following are site specific condition of approval from the preliminary plat approval (PP- 9-01) requiring design review approval: 4. Submit plans to the Design Review Board for review and approval for the landscaping to be provided in the common area (Lot 20, Block 11) to act as a buffer between the commercial and residential portions of this development, prior to City approval of the final plat. . 5. A detailed landscape plan for the entire site (which complies with the development agreement and Eagle City Code) shall be reviewed and approved by the Design Review Board prior to City approval of the final plat. 13. Construct a 5-foot wide meandering concrete sidewalk on Hill Road abutting this site. . Staff defers comment regarding the landscape design 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 January 10,2001, 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. Page 3 of 8 K:\Planning DeptlEagle ApplicationslDr\2001\DR-81-01 drfdoc 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 (Howard absent) to approve DR-81-01 for a design review application of the common area landscaping within Great Sky Estates Subdivision No.7 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 conditions ofRZ-14-00 (rezone with development agreement). 2. Comply with any applicable conditions ofPP-9-01 (preliminary plat of Great Sky Estates Subdivision No.7). 3. Provide a revised landscape plan noting where the 6-foot high vinyl fence is to be located along the west property line of the commercial area. The ap,plicant has indicated that the fence alon~ the western property line will be an off-white vinyl fence matchin~ the desi~ and color of the vinyl fence proposed within Picadilly Villajie Subdivision. The revised landscape plan shall be reviewed and approved by City staff prior to the City Clerk signing the final plat. 4. The landscape plan date stamped by the City on December 6. 2001. exceeds the landscapin~ requirements as required by Ea~le City Code Section 8-2A-7(L)(1)(a). This landscapin~ plan is approved. Provide a revised landseape plan sÐ.O'.ving a miniml:lm of foUi' (1) deciduous trees, fi'le (5) evergreen trees and twenty feUi' (21) sh.-ubs along Hill Road. The revised landscatJe plan shall be reviewed and appro'¡ed by staff and one member of the Design Revie'N Board prior to the City Clerk signiRg the final plat. ~ Provide a scalable cross seetion of the landscape berm showing the height of the berm and fence in relation to the adjaeent right of way is a minimwn of five feet high (5') aloRg Hill Road. The cross section of the landscape berm and fence detail shall be revie',ved and approyed by the Design Review Board prior to the City Clerk signing the final plat. 6. Provide a revised landscape plan showing all flowering and deciduous trees are a minimum of 3- inches in caliper. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 7. Provide a revised landscape plan showing a minimum of a 5- foot wide meandering concrete sidewalk on Hill Road abutting this site. 8. No signs have been proposed with this application. A separate design review application shall be required for the approval of any signs. 9. Construct a 6-foot hi~h cedar fence on the shared property line of Lot 19 and Lot 20. Block 11. The fence shall be~in at the northwest corner of Lot 19. Block 11, and terminate at the front setback line of Lot 19. Block 11 (approximately 22-feet southwest from the back of the sidewalk on South Wooddale Avenue). The cedar fence shall be constructed prior to any buildinji permits bein~ issued for the commercial Lots 15 thru 19. Block 11. 10. Provide a revised landscape plan showin~ additionallandscapin~ within the 22-foot front setback area on Lot 20. Block 11. to provide a ¡reater landscape buffer between the commercial development located on Lots 21 thru 25. Block 11, and the residential development located on Lots 15 thru 19. Block 11. The revised landscape plan shall be reviewed and approved by City staff and one member of the Desi~ Review Board prior to the City Clerk si~in~ the final plat. Page 4 of 8 K:\Planning DeptlEagle ApplicationslDr\200 1 \DR-81-0 1 drf..doc 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. 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 ofthe 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. Page 5 of 8 K: \Planning DeptlEagle ApplicationslDr\200 I \DR-81-0 1 drf..doc 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. 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 ofthe 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 Page 6 of 8 K\Planning DeptlEagle ApplicationslDr\2001 \DR-81-0 I drfdoc 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). 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 December 6, 2001. 2. Notice of this public hearing was mailed to abutting property owners of the subject property in accordance with the requirements of Eagle City Code on December 21, 2001. Requests for agencies' reviews were transmitted on December 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-81-01) 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. Page 7 of 8 K:\Planning DeptlEagle ApplicationslDr\200 1 \DR-81-01 drf..doc DATED this 14th day of February 2002. ATTEST: ø&JIU ,.", 1::' ~ ;~~ Or ~~O^. ,~ ",809~Ø, ':(~ ~ (J¡ ~yOR.t» \ \ : ~c ~.." i ~>d .,.1)<0> l*J- '¡ ,'" ~..., " t ./, ""~., "., ",..,."...,;.....:.!.,...'..J¡¡;f "ii.;..~~.>~ , .c "';~;fI' ic~'.., '.-".""""".'~. ,":V-....., ~' ,--<-~'.. - 'w"¡">oJ .. .. ~.. ~ -,,':¡. '4 it O!.l "1fj':Þ ~~í~.1J" Page 8 of 8 K:\Planning DeptlEagle ApplicationslDr\200 1 \DR-81-01 drfdoc