Findings - DR - 2002 - DR-4-02 - Common Area Landscaping Within Cavallo Estates Subdivision At 3268 W Floating Feather Rd
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITHIN CAVALLO ESTATES
SUBDIVISION FOR JOE GLAISYER/CAPITOL SECURITIES
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-4-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on February 14, 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:
Joe Glaisyer/Capitol Securities, represented by David Koga with The Land Group, is
requesting design review approval of the common area landscaping within Cavallo
Estates Subdivision. The site is located on the northwest corner of Floating Feather
Road and Meridian Road at 3268 West Floating Feather Road.
APPLICA nON SUBMITTAL:
The application for this item was received by the City of Eagle on January 10,2002.
B.
c.
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 January 25, 2002.
Requests for agencies' reviews were transmitted on January 16,2002 in accordance with
the requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 27, 2001, the Eagle City Council approved a rezone and annexation
application for this site (A-3-0l/RZ-6-0l).
On November 27,2001, the Eagle City Council approved a preliminary plat application
(PP-6-0l) for Cavallo Estates Subdivision.
D.
E.
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(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
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C.
may severely damage the tree or shrub. Any severely damaged tree or shrub shall be
replaced in accordance with subsection C 1 of this Section.
DISCUSSION:
.
The applicant is proposing to save and protect the twenty five (25) existing trees located on
Lot 4 and Lot 5, Block 3. The trees are a variety of crabapples, spruces, maples, plums and
black locust. A plan showing construction fencing around the existing trees (a minimum of
10-feet from the trunk of the tree or at the drip line ofthe tree (whichever is closer» to
prevent any damage within the drip line of the trees should be submitted to the City. The
construction fencing should be installed prior to commencing any site work. Cups or dam
should be built within the drip line of each tree in order to retain water and the trees shall be
water on a regular basis. No activity whatsoever should take place within the drip line of the
trees.
.
Nine (9) of the existing trees located on Lot 4 and Lot 5, Block 3, are located within the 35-
foot wide landscape buffer area. The applicant has terminated the 5-foot high landscape
berm around these existing trees (shown on Sheet L-2 date stamped by the City on January
10, 2002).
.
There is an irrigation easement shown on Lot 18, Block 5, approximately 24-feet south ofthe
north property line. The applicant has not indicated that any structures (i.e. pump house) are
to be constructed within this easement. The applicant should be required to provide detailed
elevations of any structures proposed within the irrigation easement. The detailed elevations
should be reviewed and approved by staff and one member of the Design Review Board
prior to the City Clerk signing the final plat.
No utility easements have been shown within the common area landscape buffer. Typically
when the gas company installs a gas regulation station they install chain link fence with slats
around the station. Per Eagle City Code, chainlink with slats is prohibited. The developer
should be required to work with the gas, electrical and phone companies to provide screening
of any proposed gas regulation stations, electrical boxes and phone boxes with landscaping
and paint the equipment with a green powder coated paint so as to camouflage the equipment
(similar to Island Woods, Two Rivers and Channel Center Subdivisions). The applicant
should be required to provide a revised landscape plan showing the plant material to be
planted around the equipment and the color used to paint the equipment should be reviewed
and approved by the Design Review Board prior to the City Clerk signing the final plat.
Per the approval ofthe preliminary plat of Cavallo Estates Subdivision the applicant is
required to construct a minimum 6-foot wide asphalt pathway within the Chevron Pipeline
easement as generally depicted on the City of Eagle's 2000 Comprehensive Plan
Transportation / Pathway Network Map #1 of 2. The path shall commence from Floating
Feather Road northerly along the Chevron Pipeline easement (abutting the northern edge of
Lot I, Block 3) to Selvaggio Way (shown on Sheet L-I date stamped by the City on January
10,2002). The path shall then follow Sella Way westerly to its western terminus to travel
along the southern edge of Lots 1,2 and 3, Block 1, to Park Lane (shown on Sheet I-I date
stamped by the City on January 10, 2002).
.
.
Staffhas concerns regarding the 6-foot wide pedestrian pathway where it is located between
two residential lots. There is the possibility of this becoming a 10-foot wide tunnel if each
property owner constructs a solid fence along the 10-foot wide easement. Staff recommends
that no solid fences be allowed along the 10-foot wide easement to prevent a tunnel effect
that would be created if solid fencing were constructed along this easement.
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.
Per the approval of the preliminary plat of Cavallo Estates Subdivision the applicant is
required to install the landscaping and berm along Floating Feather Road and Park Lane
prior to the issuance of any occupancy permits within the subdivision.
Per the approval of the preliminary plat of Cavallo Estates Subdivision the applicant is
required to extend the landscaping within the buffer areas along Floating Feather Road,
Meridian Road, and Park Lane to within 9-feet from the edge of pavement. The 9-feet
between the landscaping and edge of pavement (along the entire frontage of this site) shall be
graveled as approved by the ACHD. The gravel shoulder area shall be maintained and kept
free of weeds and debris.
.
.
Per the approval of the preliminary plat of Cavallo Estates Subdivision the applicant is
required to provide a landscape plan showing berming, fencing, and planting details within
the 25-foot wide buffer area along Meridian Road abutting this site for review and approval
by the Design Review Board prior to the City approval of a final plat.
Per the approval of the preliminary plat of Cavallo Estates Subdivision the applicant is
required to provide a license agreement from ACHD approving the landscaping located
within the public right-of-way abutting the western, southern, and eastern boundaries of the
site prior to the City Clerk signing the final plat.
.
.
The applicant has submitted a separate design review application for the monument sign
located at the entrance to the subdivision on Floating Feather Road (DR-5-02).
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 February 14,2002,
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).
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Design
Review Board by one (1) individual (representative from the Chevron Pipeline) with comments
regarding the requirements oflandscaping along the Chevron Pipeline right of way.
BOARD DECISION:
The Board voted 3 to 0 (McCullough and Howard absent) to approve DR-4-02 for a design
review application of the common area landscaping within Cavallo Estates 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 conditions of PP-6-0 1 (preliminary plat of Cavallo Estates Subdivision).
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2. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk
of the tree or at the drip line of the tree (whichever is closer» to prevent any damage within the drip
line of the trees shall be submitted to the City. The construction fencing shall be installed prior to
commencing any site work. Cups or dams shall be built within the drip line of each tree in order to
retain water and the trees shall be water on a regular basis. No activity whatsoever shall take place
within the drip line of the trees.
3. Provide detailed elevations of any structures (i.e. pump house) proposed within the irrigation
easement. The detailed elevations shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City Clerk signing the final plat.
4. The developer shall be required to work with the gas, electrical, and phone companies to provide
screening of any proposed gas regulation stations, electrical transformers. ~ and phone
distributions boxes with landscaping on the non-operational sides to provide screenin2 of that
equipment from view as much as possible. The landscapin2 shall not impact the needed access for
any of the utility companies. This does not apply to small residential telephone or electrical boxes.
and paint the equipmeRt '.vita a green po'Nder coated paint so as to camouflage the equipment
(similar to Island Woods, Two Riven; and Charmel Center Subdivisions). The applicant shall be
required to provide a revised landscape plan showing the plant material to be planted around the
equipment and the color used to paint the equipment shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
5. No solid fences shall be allowed along the 10-foot wide easement to prevent a tunnel effect that
would be created if solid fencing were constructed along this easement.
6. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
7. Provide a revised landscape plan which identifies all utility easements that will impact the plantings
as shown on the landscape plan. date stamped by the City on January 10. 2002. Any chan~es
resultin~ from the utility easement restrictions shall be reviewed and approved by staff prior to the
City Clerk si¡p1ing the final plat.
8. A white. vinyl. ~lit rail fence shall be the approved fence permitted alon~ the common area adjacent
to the Chevron Pipeline ri~ht-of-way. The applicant shall be required to provide a provision within
the CC&R's statinfj that no solid wood or vinyl fences are permitted within the common area alon~
the Chevron Pipeline ri~ht-of-way. The revised CC&R's shall be reviewed and approved by staff
prior to the City Clerk si¡p1in~ the final plat.
ST ANDARD 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
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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 (I)
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
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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 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
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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 ofthat 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 January 10,2002.
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 January 25, 2002. Requests for agencies'
reviews were transmitted on January 16, 2002 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-4-02) 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.
DATED this 14th day of March 2002.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
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ATTEST: