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Findings - DR - 2002 - DR-58-02 - Common Area Landscaping Within Brookwood Subdivision No 7 BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW OF THE COMMON AREA ) LANDSCAPING WITHIN BROOKWOOD ) SUBDIVISION NO.7 FOR ARIES DEVELOPMENT LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-58-02 The above-entitled design review application came before the Eagle Design Review Board for their action on October 10, 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: Aries Development LLC, represented by Phil Hull with The Land Group, is requesting design review approval of the common area landscaping within Brookwood Subdivision No.7. The site is located north of Floating Feather Road and east of Eagle Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 5, 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 September 20, 2002. Requests for agencies' reviews were transmitted on September 11, 2002 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 16, 1999, the Eagle City Council approved a rezone with development agreement, conditional use permit, planned unit development preliminary development plan and preliminary plat application RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 for Brookwood Planned Unit Development. On July 13, 1999, the Eagle City Council approved a design review application for the common area landscaping within Brookwood Subdivision (DR-22-99). 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: Page 1 of 7 K:IPlanning DeptlEagle ApplicationsIDrI2002IDR-58-02 land drfdoc Comply with ACHD "Special Recommendations to the City of Eagle" noted in the ACHD report dated August 5, 1998. The pedestrian bridge shall be a minimum of to-feet wide. A letter of credit or certificate of deposit shall be provided to the City prior to approval of the final plat phase that abuts the pedestrian bridge to insure installation of the bridge. D. DISCUSSION: . . Per the approval of Brook wood Subdivision (PPUD-1-97/CUP-6-97/PP-2-97) the applicant was required to provide three inch caliper trees at 80-feet on center between the curb and sidewalk throughout the main streets of the subdivision. The applicant is requesting to continue the alternative method of planting along Brookwood Drive with two inch caliper trees spaced 45-feet on center (based upon prior City approval of Brookwood Subdivision Phases 1,2,3,4,5, and 6). The landscape plan indicates that street trees are proposed to be located on all front property corners except for Lots 41, 42, 43, 45, and 46, Block 40 (North Raindance Court). The applicant should be required to provide a revised landscape plan showing street trees to be located on the front property corners between the back of curb and sidewalk for Lots 41, 42, 43, 45, and 46, Block 40 (North Raindance Court). The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat. The applicant indicates that a ten foot (10') wide meandering pathway is to be located along the north side of the common area adjacent to Dry Creek. However, the material that the pathway is to be constructed of has not been specified. Also, the applicant has not shown a pedestrian bridge to be located approximately eight hundred and forty feet (840') west of the east property line per the ACHD "Special Recommendation to the City of Eagle". Per the Eagle City Council approval of the rezone with development agreement, conditional use permit, planned unit development preliminary development plan, and preliminary plat of Brookwood Subdivision, the applicant is required to comply with the Ada County Highway District "Special Recommendations to the City of Eagle" noted in the ACHD report dated August 5, 1998. The pedestrian bridge is required to be a minimum often feet (10') wide. A letter of credit or certificate of deposit is required to be provided to the City prior to approval of the final plat phase (Brookwood Subdivision No.7) that abuts the pedestrian bridge to insure installation of the bridge. The applicant should be required to provide a revised landscape plan showing the type of material to be used in the construction of the ten foot (10') wide meandering pathway (located along the north side of the common area adjacent to Dry Creek) to be a compacted small angular chip material. The applicant should provide revised landscape plan showing the location of the pedestrian bridge crossing (approximately 840-feet west of the east property line) providing access to the undeveloped parcel to the north. A detail plan showing the style and construction materials to be used in the construction of the pedestrian bridge should be provided to the City. The revised landscape plan and construction plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. The applicant has not shown a street lighting plan. The applicant should be required to provide a street light plan showing location, height, and wattage. The street light plan should be reviewed and approved by staff prior to issuance of any building permits. Staff defers comment regarding the landscaping 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. Page 2 of 7 KIPlanning DeptlEagle ApplicationsIDrI2002IDR-58-02 land drfdoc PUBLIC HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on October 10,2002, 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). BOARD DECISION: The Board voted 6 to 0 (Christensen absent) to approve DR-58-02 for a design review application for the common area landscaping within Brookwood Subdivision No.7 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 requirements of Brookwood Subdivision (RZ-8-97/CU-6-97/PPUD-l- 97/PP-2-97). 2. The street trees along Brookwood Drive shall be the only trees within phase seven of Brookwood Subdivision that are allowed to be a minimum of 2-inches in caliper planted at 45-feet on center (based upon prior City approval of Brookwood Subdivision Phases 1,2,3,4,5, and 6). 3. Provide a revised landscape plan showing the type of material to be used in the construction of the ten foot (10') wide meandering pathway (located along the north side of the common area adjacent to Dry Creek) to be a compacted small angular chip material. The revised landscape plan 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-. Proviàe a revised landscap@ plaH showing the location of the pedestrian bridge crossing (approximat@ly 810 feet west ofth@ east property line) providing access to th@ unde':elop@d parcel to the north. .^'" detail plan showing the style and construction materials to be used in tHe construction of the pedestrian bridge shall be provided to the City. The revised landscape plan and construction plan shall b@ reviewed and approved by staff and one member of the Design R@vi@'.v Board prior to the City Clerk signing the final plat. 5. Provide a revised landscape plan showing the type of vegetation to be planted on the north and south sides of the ten foot (10') wide meandering pathway and along the hillside of Dry Creek. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 6. Provide a revised landscape plan showing an automatic irrigation system to be located along ~ south side both sides of the ten foot (10') wide meandering pathway and the hillside of Dry Creek with the exception of Lot 56. Block 42. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 7. Provide a street light plan showing location, height, and wattage. The street light plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 8. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City Clerk signing the final plat. Page 3 of 7 K:IPlanning DeptlEagle ApplicationsIDr\2002IDR-58-02 land drfdoc 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 11. The south side of the ten foot (10') wide meandering pathway shall be irrigated and maintained as shown on the a,pproved landscape plans date stamped by the City on September 5. 2002. 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 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 Page 4 of 7 KIPlanning Dept\Eagle Applications\Dr\2002IDR-58-02 land drfdoc 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. 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 Page 5 of 7 KIPlanning DeptlEagle ApplicationsIDrI2002IDR-58-02 land drfdoc 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 modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved ø:im: 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 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. Page 6 of 7 K:IPlanning DeptlEagle ApplicationsIDrI2002IDR-58-02 land drf.doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on September 5, 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 September 20, 2002. Requests for agencies' reviews were transmitted on September 11,2002 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-58-02) 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. DATED this 14th day of November 2002. ATTEST: Ä c~\I- ~ ø.<M- Sharort K. Moore, Eagle City lerk Page 7 of 7 KIPlanning DeptlEagle ApplicationsIDrI2002IDR-58-02 land drfdoc