Findings - DR - 2002 - DR-32-02 - Common Area Landscaping Within Henrys Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITIDN HENRY'S SUBDIVISION
FORNORTHWESTDEVELOPMENTLLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-32-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on June 13, 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:
Northwest Development LLC, represented by Phil Hull with The Land Group, is requesting
design review approval of the common area landscaping within Henry's Subdivision. The site is
located Y2-mile north of Floating Feather Road on the west side of Meridian Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 8, 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 May 24, 2002. Requests for agencies'
reviews were transmitted on May 9, 2002 in accordance with the requirements of the Eagle City
Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 13, 2001, the Eagle City Council approved an annexation and rezone application
for this site (A-5-01 and RZ-8-01).
On March 26,2002, the Eagle City Council approved a preliminary plat application (PP-lO-Ol)
for Henry's Subdivision.
E. COMPANION APPLICATIONS: None
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: (None)
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Construct a 5-foot wide (minimum) meandering concrete sidewalk along Meridian Road abutting
the site.
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The applicant shall submit a design review application showing proposed subdivision signage
and a landscape plan showing planting details within the proposed landscape island located at the
intersection of Meridian Road and Corsey Way (Korte Drive) for review and approval by the
Design Review Board prior to City approval of a final plat.
Provide a revised preliminary plat showing a 25-foot wide landscape easement along Meridian
Road abutting this site. The 25-foot wide easement shall be included on the final plat.
The applicant shall submit a design review application showing a landscape plan with planting
details and a four (4') foot high vinyl split rail fence to be located within the 25-foot wide
easement abutting Meridian Road for review and approval by the Design Review Board prior to
City approval of a final plat.
The applicant shall submit a design review application showing street lighting details for review
and approval by the Design Review Board prior to City approval of a final plat. The plans shall
show how the street lights will facilitate the "Dark Sky" concept of lighting, and also mitigate
the impact of headlights on the property across Meridian Road to the east in alignment with
Corsey Way (Korte Drive).
D. DISCUSSION:
.
.
.
.
.
The applicant should be required to extend the landscaping within the buffer area along
Ballantyne Road to within nine feet (9') from the edge of pavement. The nine feet (9') between
the landscaping and edge of pavement (along the entire frontage of this site) should be graveled
as approved by the ACHD. The gravel should area should be maintained and kept free of weeds
and debris.
The applicant should be required to provide a license agreement from the ACHD approving the
landscaping located within the public right-of-way abutting the eastern boundaries of this site
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, 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.
Staff defers comment regarding the landscape design to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITmN 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 June 13, 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.
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C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant).
BOARD DECISION:
The Board voted 5 to 0 (Christensen absent) to approve DR-32-02 for a design review
application of the common area landscaping within Henry's 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-IO-OI (preliminary plat of Henry's Subdivision).
2. Provide a revised landscape plan showing the landscaping within the buffer area extended along
Ballantyne Road to within nine feet (9') from the edge of pavement. The nine feet (9') between the
landscaping and edge of pavement (along the entire frontage of this site) shall be graveled as
approved by the ACHD. The gravel shall area should be maintained and kept free of weeds and
debris.
3. Provide a license agreement from the ACHD approving the landscaping located within the public
right-of-way abutting the eastern boundaries of this site prior to the City Clerk signing the final plat.
4. 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
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.
5. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
6. Provide a 10- foot diameter turn around similar to that of a cul-de-sac at the northern and southern
terminus of the 5-foot wide meanderin~ concrete sidewalk aloni Ballantyne Road.
7. The applicant shall be required to return to the Desi~ Review Board as an unfinished business item
to review the street li~htin~ details as reQJ.lired by the preliminary plat approval ofHem:y's
Subdivision (PP-IO-OI).
STANDARD CONDITIONS OF APPROVAL:
I. 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.
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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,
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.
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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,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,SOO 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
for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
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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.
23. Any change by the applicant in the planned use of the property which is the subject ofthis
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 May 8, 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 May 24, 2002. Requests for agencies'
reviews were transmitted on May 9, 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-32-02) 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.
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DATED this 11 th day of July 2002.
DESIGN REVIEW BOARD
OF THE CITY 0 AGLE
Ada County, I ho
James G. Murray, Chairman
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