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
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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
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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).
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.
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
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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
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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
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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
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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.
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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
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