Loading...
Findings - DR - 2002 - DR-06-02 - Common Area Landscaping Within Autumncrest Subdivision At 2507 Ballantyne Lane BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW OF THE COMMON AREA LANDSCAPING WITHIN AUTUMNCREST SUBDIVISION FOR CRAIG PETRIE/PACIFIC RIDGE ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-6-02 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: Craig Petrie /Pacific Ridge, represented by Jensen Belts Associates, is requesting design review approval of the common area landscaping within Autumncrest Subdivision. The site is located on the west side of Ballantyne Road approximately ~ mile south of Beacon Light Road at 2057 Ballantyne Lane. APPLICATION 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-2-01/RZ-5-01). On November 27, 2001, the Eagle City Council approved a preliminary plat application (PP-5-0l) for Autumncrest Subdivision. COMPANION APPLICATIONS: DR-9-02 (Monument sign for Autumncrest Subdivision) D. E. ST AFF ANALYSIS PROVIDED WITHIN 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 Page 1 of 8 . KIPlanning DeptlEagle ApplicationsIDr\2002IDR-O6-02 land drfdoc c. 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 C 1 of this Section. DISCUSSION: . The applicant is proposing to save and protect the fourteen (14) existing trees located within the 35-foot wide buffer area. The trees are a variety of cottonwood, pine, and black locust. A plan showing construction fencing around the existing trees (a minimum of to-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 should be submitted to the City. The construction fencing should be installed prior to commencing any site work. Cups or dams should be built within the drip line of each tree in order to retain water and the trees should be watered on a regular basis. No activity whatsoever should take place within the drip line of the trees. The applicant has terminated the 5-foot high landscape berm around the fourteen (14) existing trees (shown on Sheets L-1.l and L-1.2 date stamped by the City on January 10, 2002). . . No irrigation easements have been shown within this development. The applicant has not indicated that any structures (i.e. pump house) are to be constructed if an irrigation easement is required. The applicant should be required to provide detailed elevations of any structures proposed within any irrigation easements. 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 chainlink fence with slats around the station. Per Eagle City Code, chain link 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 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 of the preliminary plat of Autumncrest Subdivision the applicant is required to install the landscaping and berm along Ballantyne Road prior to the issuance of any occupancy permits within the subdivision. Per the approval of the preliminary plat of Autumncrest Subdivision the applicant is required to extend the landscaping within the buffer areas along Ballantyne Road 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 Autumncrest Subdivision the applicant is required to provide a license agreement from ACHD approving the landscaping located within the public right-of-way abutting the eastern boundary of the site (Ballantyne Road) 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 Ballantyne Road (DR-9-02). Page 2 of 8 K:\Planning DeptlEagle ApplicationsIDrI2002IDR-O6-02 land drfdoc . 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 one individual with concerns regarding the headlights shining onto their property from people leaving this development. BOARD DECISION: The Board voted 3 to 0 (McCullough and Howard absent) to approve DR-6-02 for a design review application of the common area landscaping within Autumncrest 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 ofPP-5-01 (preliminary plat of Autumncrest Subdivision). 2. 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 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 watered on a regular basis. No activity whatsoever shall take place within the drip line of the trees. 3. Provide detailed elevations ofany structures proposed within any irrigation easements. 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 screeninll of that equipment from view as much as possible. The landscapin~ 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 equipment with a green powder eoated paint so as to camouflage the equipment (similar to Island 'Voods, Two Riyers and Cham'lel Center Subdiyisions). The applicant shall be required to provide a revised landscape plan showing the plant material to be planted around the equipment and the eolor 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 signs have been proposed with this application. A separate design review application shall be required for the approval of any signs. 6. All existing trees located within the 35-foot wide landscape berm abutting Ballantyne Road shall be Page 3 of 8 K:IPlanning DeptlEagle ApplicationsIDrI2002IDR-O6-02 land drfdoc pruned and thinned by a certified arborist or tree surgeon. All pruning and thinning shall be completed with the installation of the proposed landscaping and completed prior to final landscaping inspection by the City. 7. The applicant shall work with the homeowner on the east side of Ballantyne Road directly across the entrance at Scarlet Oak Street to mitigate traffic lights on the residence resulting from increased traffic within this subdivision. The applicant and the homeowner shall reach an agreement within 60 calendar days of this approval for mitigation measures that shall include the installation of coniferous landscaping comparable to what is proposed within the Autumncrest Subdivision landscape berm. The proposed landscaping shall be intermingled within the existing deciduous scrub growth. If required for new planting. removal of scrub trees is permitted without penalty to the applicant. Earthwork. landscaping. and connection into the existing irrigation system shall be at the cost of the applicant. The improvements shall be installed prior to issuance of the first certificate of occupancy. The responsibility to maintain this landscaping transfers to the homeowner at the time all improvements have been completed. 8. Provide a 10-foot diameter turn around similar to that of a cul-de-sac at the northern terminus of the 5-foot wide meandering concrete sidewalk along Ballantyne Road. 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 Page 4 of 8 K:\Planning DeptlEagle ApplicationsIDr\2002\DR-O6-02 land drfdoc 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. 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 Page 5 of 8 K:\Planning DeptlEagle ApplicationsIDr\2002IDR-O6-02 land drfdoc 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 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 Page 6 of 8 K IPlanmng DeptlEagle ApplicationsIDr\2002IDR-O6-02 land drf doc 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-6-02) 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. Page 7 of 8 K:IPlanning Dept\Eagle ApplicationsIDr\2002IDR-O6-02 land drfdoc DATED this 14th day of March 2002. DESIGN REVIEW BOARD OF THE CITY OF EAGL Ada Cou ty, Idaho ATTEST: )J.~ ÚA-<' K ~~ Sharon K. Moore, Eagle City lerk Page 8 of 8 K:\Planning Dept\Eagle Applications\Dr\2002\DR-06-O2 land drf.doc