Findings - DR - 2002 - DR-26-02 - Common Area Landscaping In Lockwood Subdivision At 1156 Ballantyne Rd
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITIDN LOCKWOOD
SUBDIVISION FOR RADA PROPERTIES LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-26-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on May 16, 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:
RADA Properties LLC, represented by Phil Hull with The Land Group, is requesting design
review approval of the common area landscaping within Lockwood Subdivision. The site is
located on the southeast corner of Floating Feather Road and Ballantyne Road at 1156
Ballantyne Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 4, 2002.
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 April 19, 2002. Requests for agencies'
reviews were transmitted on April 10, 2002, in accordance with the requirements of the Eagle
City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 26, 2002, the Eagle City Council approved a rezone application for this site (RZ-13-
01).
On March 26,2002, the Eagle City Council approved a preliminary plat application (PP-12-0l)
for Lockwood Subdivision.
E. COMPANION APPLICATIONS: DR-27-02 (Monument sign for Lockwood Subdivision)
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
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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 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.
.
Section 8-2A- 7(1)( 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 of the 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.
The five foot (5') minimum height requirement for the berming/fencing shall be permitted to
be decreased one foot (I') for every thirteen feet (13') of additional buffer area added to the
thirty five foot (35') wide buffer noted above.
c. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot generally located on each side lot
line. The trees shall be located within the 5-foot wide landscape strip between the sidewalk and
the curb. Prior to the City Clerk signing the final plat for each phase, the applicant shall either
install the required trees, landscaping, and irrigation or provide the City with a letter of credit for
150% of the cost of the installation of all landscape and irrigation improvements within the 5-
foot wide landscape strip. Trees, sod and irrigation shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not
permit landscaping.
The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 35-foot wide buffer areas along Floating Feather Road and Ballantyne Road
abutting this site. The applicant shall apply for an alternate method of compliance for the 35-
foot wide buffer area abutting Lot 13, Block 1, for review and approval by the Design Review
Board prior to City approval of a final plat.
The applicant shall provide a landscape plan showing sidewalks, pathways and street trees for
review and approval by the Design Review Board prior to City approval of a final plat.
.
.
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D. DISCUSSION:
.
The applicant is proposing to retain several of the existing trees located on this site. However,
the arborist report does not recommend saving any of the existing trees other than the trees
located along the ditch abutting Ballantyne Road. The arborist does not recommend saving the
existing trees because most all of the trees are post-mature, drought-stressed and infested with
decay and insects. The applicant should be required to re-evaluate which trees other than those
along the ditch abutting Ballantyne Road that will be removed from this development. Staff
defers comment regarding the removal of any trees from this site to the Design Review Board.
The applicant has submitted an alternative method of compliance for the required thirty five foot
(35') wide landscape buffer that is required along Floating Feather Road and Ballantyne Road
due to the topography of this site caused by several ditches that are located adjacent to this site.
There is between forty feet (40') to one hundred twenty feet (120') of buffer area between the
right-of-way line to the east side of the ditch on Ballantyne Lane. The area between the entry
road to this development and the ACHD drainage pond is a heavily wooded area of dense
existing vegetation. The applicant has proposed to retain the existing vegetation in this area and
add to it with the planting of evergreen trees and shrubs to increase the vegetation and required
buffer. It is staffs opinion that because of the topography of this site with the configuration of
the existing ditches that the landscape buffer as designed meets the buffer requirements of Eagle
City Code.
The applicant has not proposed a pedestrian pathway along Floating Feather Road. Per the
ACHD report, date stamped by the City on May 1, 2002, the applicant is required to provide six
feet (6') of pavement widening with a three foot (3') gravel shoulder and a striping plan that
would delineate an area for pedestrians to utilize (in lieu of constructing sidewalk on Floating
Feather Road). The applicant should be required to provide a revised landscape plan showing six
feet (6') of pavement widening with a three foot (3') wide gravel shoulder and a striping plan
that delineates an area for pedestrians to utilize. The revised landscape plan should be reviewed
and approved by staff prior to the City Clerk signing the final plat.
.
.
.
The developer has proposed to provide 3-inch minimum caliper shade-class trees along both
sides of all streets within this development. Trees are proposed to be placed at the front of each
lot generally located on each side lot line. The trees are proposed to be located within the 5-foot
wide landscape strip between the sidewalk and the curb. Prior to the City Clerk signing the final
plat for each phase, the applicant should either install the required trees, landscaping, and
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all
landscape and irrigation improvements within the 5-foot wide landscape strip. Trees, sod and
irrigation should be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping.
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, 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 transformers and phone distribution boxes with
landscaping on the non-operational sides to provide screening of that equipment from view. The
applicant should be required to provide a revised landscape plan showing the plant material
planted around the equipment. The revised landscape plan should be reviewed and approved by
the Design Review Board prior to the City Clerk signing the final plat.
On Ballantyne Road the applicant has shown a twelve foot (12') wide gravel shoulder between
the landscaping and the edge of pavement. In past action by the Eagle City Council, the
.
.
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landscape buffer was required to be extended to within nine feet (9') from the edge of pavement.
The applicant should be required to provide a revised landscape plan showing the landscape
buffer extended to within nine feet (9') ofthe edge of pavement along the entire frontage ofthis
site and should provide gravel within the nine feet (9') as approved by the ACHD. The revised
landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final
plat. The gravel shoulder area should be maintained and kept free of weeds and debris.
The applicant has submitted a separate design review application for the monument sign located
at the entrance to the subdivision on Ballantyne Road (DR-27-02).
Staff defers comment regarding the landscape design to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval provided below.
PUBLIC HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on May 16, 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. Written testimony neither in favor or opposition of this proposal was presented to the Design Review
Board by two individuals with concerns regarding weeds in the ditch located abutting Floating
Feather Road.
BOARD DECISION:
The Board voted 4 to 0 (McCullough and Howard absent) to approve DR-26-02 for a design
review application to landscape the common area within Lockwood Subdivision with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions ofPP-12-01 (Lockwood Subdivision).
2. As shown on the submitted landscape plan, the developer shall provide 3-inch minimum caliper
shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along
both sides of all streets within this development. Trees shall be placed at the front of each lot
generally located on each side lot line. The trees shall be located within the 5-foot wide landscape
strip between the sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase,
the applicant shall either install the required trees, landscaping, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements within the 5-foot wide landscape strip. Trees, sod and irrigation shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping.
3. Work with the gas, electrical and phone companies to provide screening of any proposed gas
regulation stations, electrical transformers and phone distribution boxes with landscaping on the non-
operational sides to provide screening of that equipment from view. The applicant shall be required
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to provide a revised landscape plan showing the plant material planted around the equipment. The
revised landscape plan shall be reviewed and approved by the Design Review Board prior to the City
Clerk signing the final plat.
4. Provide a revised landscape plan showing the landscape buffer extended to within nine feet (9') of
the edge of pavement along the entire frontage of this site and shall provide gravel within the nine
feet (9') as approved by the ACHD. The revised landscape plan shall be reviewed and approved by
staff prior to the City Clerk signing the final plat. The gravel shoulder area should be maintained and
kept free of weeds and debris.
5. Provide a revised landscape plan showing six feet (6') of pavement widening with a three foot (3')
wide gravel shoulder alon~ Floatin~ Feather Road and a striping plan that delineates an area for
pedestrians to utilize. The revised landscape plan shall be reviewed and approved by staff prior to
the City Clerk signing the final plat.
6. Obtain a rt:port from an independent licensed arborist to review the condition of the existin~ trees
that have been noted in the arborist report provided within the staff report to be in poor condition. If
there is a discr~ancy between the arborists' reports staff shall determine which trees shall be
retained and which trees shall be removed. Any trees that are required to be retained shall be pruned
by a licensed tree sur~eon to remove any dead limbs and improve ~owth within the tree canopies.
7. Provide an open style or wrou~ht iron fence alon~ all common areas within the subdivision. The
applicant shall be required provide a detail of the fence to be used prior to the City Clerk si~in~ the
final plat. Provide a statement in the CC&R's that prohibits solid fences alon~ all common areas
within the subdivision.
8. Provide a revised landsca¡>e plan showin~ the addition of twenty (20) three inch (3") caliper shade
class trees alon~ the internal roadway of this development. The revised landscape plan shall be
reviewed and approved by staff prior to the City Clerk si~in~ the final plat. Alllandscapin~ within
the public ri~ht-of-way shall be installed by the developer. not the homeowner. prior to issuance of a
certificate of occu¡>ancy for each lot.
9. Provide a revised street li~ht fixture that directs allli~ht downward and prohibits errant li~ht from
spillin~ out the top ofthe fixture so as to comply with a dark sky fixture. Provide details of the street
li~ht fixtures to be installed showin~ the type. watta~e. hei~ht. and the luminaries to be used. The
revised street li~ht fixtures shall be reviewed and approved by staff and one member of the Desi~
Review Board prior to the City Clerk si jplin~ the final plat.
10. The existin~ ve~etation that is located within the ditch that runs alon~ Ballantyne Road and west
property line of Lots 22. 23. and a portion of 16. Block 1 shall be reviewed by a tree sur~eon for
loose and dan~erous limbs and those limbs shall be removed prior to issuance of the first certificate
of occupancy. It is not the intent of this condition to prune or thin the entire tree stand. merely those
trees and limbs that are adjacent to the common sidewalks and residential perimeters for the safety of
the ~eneral public.
11. The revised landsca¡>e plan date stamped by the City on May 16, 2002. showin~ minor alterations to
the coniferous plantin~s and showin~ the landscape buffer shifted to the east alon~ Draina~e District
No.2 and Ballantyne Lane shall be the a¡>proved landsca¡>e plan.
12. The alternate method of compliance with re~ard to the perimeter landscape buffer alon~ Floatin~
Feather Road and Ballantyne Road is approved.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
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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 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,
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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 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.
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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 modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved priQr to construction!
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
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).
25. 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.
26. 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 April 4, 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 April 19, 2002. Requests for agencies'
reviews were transmitted on April 10, 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
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application (DR-26-02) with regard to the Eagle City Code Title 8, Chapter 2, Article A. DR Design
Review Overlay District, 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 and the Eagle Comprehensive Plan.
4. The Board recommends the use of a light fixture that directs all light downward and prohibits light
from shining out the top of the fixtures so as to comply with a dark sky fixture rather than the
historic light fixture as proposed to reduce errant light in this rural area of the City of Eagle.
5. The Board reviewed the particular facts and circumstances of the proposed alternative method of
compliance with regard to Eagle City Code Section 8-2A- 7(0) Alternative Methods of Compliance,
and based upon the information provided with the conditions required herein, concludes that the
proposed alternative method of compliance is in accordance with the Eagle City Code.
DATED this 13th day of June 2002.
DESIGN REVIEW BOARD
OF THE OF EAGLE
Ada C ho
ATTEST:
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