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Findings - DR - 2003 - DR-39-03 - Common Area Landscaping In Hidden Island Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW OF THE COMMON AREA LANDSCAPING WITHIN HIDDEN ISLAND SUBDIVISION FOR LARRY FLYNN ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-39-03 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: Larry Flynn, represented by David Koga with The Land Group, is requesting design review approval of the common area landscaping within Hidden Island Subdivision. The site is generally located Y2-mile east of Eagle Road and east of Island Woods Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 10, 2003. C. NOTICE OF AGENCIES REVIEW: Requests for agencies' reviews were transmitted on July 16, 2003, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 13, 2003, the Eagle City Council approved an annexation and rezone application for this site (A-2-02/RZ-2-02). On May 13, 2003, the Eagle City Council approved the preliminary plat for Hidden Island Subdivision (PP-3-02). E. COMPANION APPLICATIONS: Monument Signs for Hidden Island Subdivision (DR-40-03). 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 Floodway. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-7(C)(1) Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the City. Where trees are approved by the City to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches cal. 2x cal. of tree removed Page 1 of 8 K:\Planning DeptlEagle ApplicatioIls\Drl2003\DR-39-03 land drf.doc 61/4 inches to 12 inches 121/4 inches or more 1.5x cal. of tree removed Ix cal. of tree removed . 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. C. PRELIMINAR Y PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . All living trees that do not encroach upon the buildable area on any lot along the North Channel of the Boise River shall be left in their natural state, to provide habitat for the existing birds and animals. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the City Council approval of a final plat. The applicant shall submit a landscape plan showing planting details for the landscape island within the cul-de-sac and the area between the western edge of the private roadway and the western boundary of the subdivision for review and approval by the Design Review Board, prior to City Council approval of a final plat. Any proposed subdivision identification signage shall be placed no closer than two-hundred feet (200') east of Riverchase Way. No subdivision signage shall be installed unless a design review sign application is submitted for review and approval by the Design Review Board. . . . The developer shall provide three-inch (3") minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board prior to the City Council approval of a final plat) 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, within a landscape strip between the five-foot (5') wide concrete sidewalk and the concrete ribbon abutting the roadway. 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 five-foot (5') wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. A five-foot (5') wide concrete sidewalk is required abutting both sides of Hidden Island Lane extending east from Riverchase Way. Additional landscaping shall be installed along both sides of Hidden Island Lane to enhance the appearance and provide additional buffering for the abutting residences. Plans showing these planting details shall be reviewed and approved by the Design Review Board, prior to the City Council approval of a final plat. . . The applicant shall delineate the proposed twenty-foot (20') wide easement along the western boundary of Lot 11, Block 1, on the plat to be included as a portion of the open space common area (Lot 12, Block 1). A note shall be placed on the final plat identifying the open space as a common lot to be owned and maintained by the Hidden Island Homeowner's Association. Plans showing these details shall be reviewed and approved by the Design Review Board, prior to the City Council approving a final plat. The applicant shall submit a design review application showing street lighting details for review . Page 2 of 8 K:\P1anniog Dep<\Eagle Applications\Drl2003\DR-39-03 land drfdoc and approval by the Design Review Board prior to City Council approval of a final plat. The plans shall show how the street lights will facilitate the "Dark Sky" concept of lighting. D, DISCUSSION: . There are many trees located throughout this development as referenced within the attached arborist report date stamped by the City on July 10, 2003. For the purpose of calculating tree replacement for this site, only the trees located in the area where construction for the public roads are proposed have been included in the amount of caliper inches required to be replaced on this site, The existing tree legend located on Sheet L-4 date stamped by the City on July 10, 2003, provides an overview of the existing trees that are to be retained or removed. A calculation has been provided for tree mitigation and trees required to be planted within the common area of this site per Eagle City Code. The applicant has calculated 123-caliper inches of tree being removed from this site. Several of the trees or clumps of trees have not been included in the applicant's calculation due to poor condition, suckering, instability, and dead centers. If the trees in poor condition (as noted by the applicant) are used in the calculation, a total tree caliper of 339-inches would be required to replace the trees being removed from this site. Staff defers comment regarding the amount of tree caliper that should be replaced on this site to the Design Review Board since this application was received prior to the City hiring the City Forester. RiversEnd Subdivision is located abutting this site's east property line and south of the North Channel of the Boise River. The developers of RiversEnd Subdivision proposed a nature preserve area between the northern most buildable lots within the development and the North Channel of the Boise River. The nature preserve area consisted of six foot (6') wide gravel pathways with three (3) benches located throughout the area. A twelve foot (12') wide compacted gravel pathway will connect the sidewalk along the public streets within the development to the six foot (6') wide gravel pathway that loops within the nature preserve area and connects to the ten foot (10') wide gravel pathway along the North Channel of the Boise River. The developer of this subject site has proposed a seven foot (7') wide gravel pathway connecting the sidewalk along the public street within this development to the common lot located between the northern boundary of the buildable lots within this development and the North Channel of the Boise River. The applicant should be required to provide a gravel pathway which loops around the perimeter of the common lot located between the northern boundary of the buildable lots and the North Channel of the Boise River. A revised landscape plan showing the gravel pathway looping around the common lot should be reviewed and approved by staff prior to the City Clerk signing the final plat for this development. . . There is an existing ten foot (10') wide compacted gravel pathway within a twenty foot (20') wide easement along the north property line of this site adjacent to the North Channel of the Boise River. The applicant should be required to provide a revised landscape plan indicating where the ten foot (10') wide pathway is located in relation to the buildable lots and the common lot within this development. The revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing the final plat for this development. 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 3 of 8 K:\Planning DeptlEagle ApplicacionslDr\2003\DR-39-031and dtf.doc PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on August 14,2003. at which 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-39-03 for a design review application for the common area landscaping within Hidden Island Subdivision for Larry Flynn 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 APPROV AL: 1. Comply with any applicable requirements of Hidden Island Subdivision approval (A-2-02/RZ-2- 02/PP-3-02). 2. Comply with any applicable requirements of the flood plain development permit for the site (FPDP-5- 02). 3. The City Forester shall complete a review of the arborist report date stamped by the City on July 10, 2003, submitted with this application prior to the removal of any trees from this site. The City Forester shall report to the Zoning Administrator if additional tree caliper inches should be required within this development. The applicant is not required to replace dead tree caliper inches within this development. ;\ft e'¡all:latioft of the existiBg trees shall be eompleted BY the City Førester prior to the remøval of aft)' trees from this site. 4. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of the tree or at the drip line of the tree (whichever is further from the truck» to prevent any damage within the drip line of the trees shall be submitted to the City. The construction fencing shall be installed prior to commencing any site work. A cup or dam shall be built within the drip line of each tree in order to retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place within the drip line of the trees. 5. 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. 6. The developer shall provide three-inch (3") minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board prior to the City Council approval of a final plat) 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, within a landscape strip between the five-foot (5') wide concrete sidewalk and the concrete ribbon abutting the roadway. 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 five-foot (5') wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Page 4 of 8 K:\P1anning DeptlEagle Applications\DrI2003\DR-39-03 land dtf.doc 7. Provide a gravel pathway which loops around the perimeter of the common lot located between the northern boundary of the buildable lots and the North Channel of the Boise River. A revised landscape plan showing the gravel pathway looping within the common lot shall be reviewed and approved by staff prior to the City Clerk signing the final plat for this development. 8. Provide a revised landscape plan indicating where the ten foot (10') wide pathway is located in relation to the buildable lots and the common lot within this development. The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat for this development. 9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City Clerk signing the final plat. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 1 L No signs are approved with this application. A separate design review application (DR-40-03) is required for the approval any signs for this building. 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. Page 5 of 8 K:\P1anniog DeptlEagle ApplicationslDrl2003\DR-39-03 land drfdoc 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. 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 Page 6 of 8 K:\Planning DeptlEagle ApplicationslDrl2003\DR-39-03 land dtf.doc shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs fIrst. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs fIrst. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs fIrst. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 22. Any 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. Page 7 of 8 K:\Planning DeptlEagle Applications\Drl2003\DR-39-03 land drf.doc 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 10,2003. 2. Requests for agencies' reviews were transmitted on July 16, 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-39-03) 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. DATED this 28th day of August 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ?¿~R: Eric R. McCullough, Chairman ATTEST: ~","II""., ~~~~' ~ OF /J "" ~~~.. "~~...",,.. <1,,",.... ~. .. v<" ' ! ":o~POR... ... ~ ~ .. . V "1 " . II :..... . "";'" . : .."'-. ~.... : : -.- : : : ~:t. S : * : \ ø \C' EAL ,,": : ..... .;>. ..~~» ~ ,~.. .: ',-1 ~ ..¡>RA'f~....'\.O ~ ~ ~.~ ..... ~. ~ '####~ OF ID ~ ,~~~~ ""'1"'" ...." ~.R~k ~ Sharon 'K. Moore, Eagle City Cle k Page 8 of 8 K:\Planning DepclEagle ApplicationslDrl2003\DR-39-03 land dtf.doc