Findings - DR - 2003 - DR-36-03 - Common Area Landscaping/Brookwood Subd Phases 9-10/
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN BROOKWOOD SUBDIVISION)
NOS. 9 AND 10 FOR ARIES DEVELOPMENT LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-36-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 14, 2003. 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 Phases 9 and 10.
The two phases are located on the north side of Floating Feather Road adjacent to Phase 6
and adjacent to Feather Nest Estates and Lexington Hills Subdivisions.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 3, 2003.
C. NOTICE TO AGENCIES:
Requests for agencies' reviews were transmitted on July 15, 2003 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-I-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),
On November 26, 2002, the Eagle City Council approved a design review application for the
common area landscaping within Brookwood Subdivision Phase 7 (DR-58-02).
E. COMPANION APPLICATIONS: None
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Residential Two and Three.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
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C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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 lO-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:
.
.
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 with the exception of the eastern most one
thousand and sixty feet (1,060'). The City of Eagle 2000 Comprehensive Plan Transportation /
Pathway Network Map #1 of 2 shows a pathway to be constructed along the Dry Creek (through
this development) to the east property line, The material used in the construction of the pathway
has not been specified. In addition, 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 of ten 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 ten foot (10') wide meandering pathway extending
to the eastern most property line of this development and showing the type of material to be used
in the construction of the 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.
On November 26, 2003, the Eagle City Council approved a design review application for the
common area landscaping within Brookwood Subdivision Phase 7 (DR-58-02). Brookwood
Subdivision Phase 10, as submitted with this application, was originally a portion of Brookwood
Subdivision Phase 7. Phase 10 is IS-acres of the 41-acres reviewed with Phase 7. Due to the
configuration of the flood way the applicant chose to eliminate IS-acres from Phase 7 and develop
the remaining 26-acres. The landscaping proposed within Phase 10 reflects the same plant
material and quantity of plant material that was reviewed and approved in Phase 7.
.
.
Staff defers comment regarding the landscaping to the Design Review Board.
ST AFF 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 MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on August 14,2003, at which
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time the Board made their decision.
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/representative).
BOARD DECISION:
The Board voted 5 to 0 (Christensen and Floegel absent) to approve DR-36-03 for a design review
application for the common area landscaping within Brookwood Subdivision No.9 and 10 for
Aries Development LLC with the following staff recommended site specific conditions of
approval and standard conditions of approval.
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. Provide a revised landscape plan showing the ten foot (10') wide meandering pathway extending to the
eastern most property line of this development and showing the type of material to be used in the
construction of the 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.
3. Provide a 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 shall be provided to the City. The revised landscape plan and construction 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. Provide a revised landscape plan indicating all deciduous trees are a minimum of 3-inch caliper and all
conifer trees are a minimum of 6-feet to 7 -feet at the time of planting. The revised landscape plan
shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
5. If landscape lighting (defined as any lighting not pertaining to a sign or structure) is proposed, provide
detailed cut sheets showing the type and wattage of the light fixtures (metal halide lighting is
prohibited) and a revised landscape plan showing the location of any light fixtures and how the light
fixtures will be screened year round with plant material. The detailed cut sheets and revised landscape
plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City
Clerk signing the fmal plat.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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,
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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 rust.
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
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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 flISt.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or 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 flfSt.
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
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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 prior 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.
24. 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 July 3,2003.
2. Requests for agencies' reviews were transmitted on July 15,2003, 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-36-03) 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 recommended that the City Engineer should perform research regarding the location,
feasibility, and design requirements to construct a pedestrian bridge within the flood way of Dry Creek
as required in the City Councils findings of fact and conclusions of law document dated March 16,
1999, for the Brookwood Subdivision planned unit development preliminary plat application. The
City Engineer shall prepare and present this information to the City Council to help assist in the
Councils decision regarding the requirement of the pedestrian bridge.
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DATED this 28th day of August 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Count Idaho
ATTEST:
Sharon K. Moore, Eagle City Clerk
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