Loading...
Findings - DR - 2020 - DR-04-20 - Hidden Pond Sub - Hidden Pond Subdivision ORIGINAL BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN HIDDEN POND ) SUBDIVISION FOR CHELO BARROS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-04-20 The above-entitled design review application came before the Eagle Design Review Board for their action on February 13, 2020. The 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; i'INDINGS OF FACT: A. PROJECT SUMMARY: Chelo Barros, represented by Mark Butler with Land Consultants Inc., is requesting design review approval for the common area landscaping within Hidden Pond Subdivision. The 9.85-acre site is located on the south side of West Floating Feather Road approximately 760-feet east of North Ballantyne Lane at 1795 and 1797 West Floating Feather Road. B. APPLICAI'ION SUBMITTAL: The City of Eagle received the application for this item on January 14,2020. C. NOHCE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 16, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS AC'iiONS: On November 27, 2001, the Eagle City Council approved a rezone from A (Agriculture) to R-E (Residential-Estates)for Mike Malterre(RZ-10-01). On November 27,2001,the Eagle City Council approved a lot split for Mike Malterre(LS-03-01). On August 27,2019,the Eagle City Council approved a rezone from R-E(Residential-Estates)to R-3- DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan,and preliminary plat for Hidden Pond Subdivision,a 12-lot(9-buildable,2-common, 1-private road)residential planned unit development(RZ-15-1 8/CU-07-1 8IPPUD-05-1 8/PP-11-18). E. COMPANION APPLICAIIONS:None. F. LAND USE DESIGNAiION: Single-family residential,permitted pursuant to Eagle City Code Section 8-2-3. Page 1 of 19 K:U'lanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA1'iONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Large Lot Residential R-3-DA-P(Residential with a Two Single-Family development agreement and Residences PUD) Proposed No Change No Change Single-family, Residential Planned Unit Development North of site Large Lot Residential R-E(Residential-Estates) Two(2)single-family residences(Unplatted parcel and Hesse Subdivision) South of site Large Lot Residential A-R(Agricultural- Single-family residence Residential) (Bakers Acres Subdivision) East of site Large Lot Residential R-1-DA(Residential with a Single-family residential development agreement) (Covenant Hill Subdivision) West of site Large Lot Residential R-1 (Residential) Single-family residential (Lockwood Subdivision) H. DESIGN REVIEW OVERLAY DISIRICT:Not in the DDA,'IDA,CEDA,or DSDA. I. URBAN RENEWAL DISi'RJCT:No. J. EXISi'iNG SITE CHARAC'i'ERISTICS: The site has two existing single-family dwellings, an outbuilding, a drainage easement along the west perimeter of the property, and mature landscaping throughout the site. The northern single-family dwelling and outbuilding are proposed to be removed. K. SITE DATA: Total Acreage of Site—9.85-acres Total Number of Lots— 12 Residential—8(7-buildable, 1-existing) Commercial— Industrial—0 Common—4(3-common, 1-private road) Total Number of Units—9 Single-family—9(8-buildable, 1-existing) Duplex— Multi-family— Total Acreage of Any Out-Parcels— L. GENERAL SITE DESIGN FEAI1JRES: Landscape Screening: The northern property line is located adjacent to West Floating Feather Road which is classified as a minor arterial. The applicant is proposing a 50-foot wide buffer area located adjacent to West Floating Page 2 of 19 KAPlanning Dept\Eagle Applications\DA2020\DR-04-20 Hidden Pond LS drfdcex Feather Road. Open Space: A total of 2.10-acres,approximately 21.3%of open space is proposed within the residential subdivision. The open space is inclusive of the planter strips(located on each side of the private street),the buffer area located adjacent to West Floating Feather Road,and a centralized lot(Lot 11 -73,833-square feet) which will include a pond, dock, and gazebo. Pathways will be provided for pedestrian circulation throughout the common lot. The site also contains a common lot (Lot 4 -20,912-square feet) which contains a private street. Lot 4, containing the private street, is not included in the open space calculation. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales,or drain piping,will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: The preliminary plat,date stamped by the City on March 12,2019,notes easement widths which are in conformance with Eagle City Code Section 9-3-6. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by Suez Water. On-site Septic System: There are existing septic systems that currently serves both houses located on the site. The preliminary plat, date stamped by the City on March 12, 2019, shows the existing house located at 1795 West Floating Feather Road will be demolished. The applicant is proposing to abandon both septic systems during construction of the subdivision.The existing house located at 1797 West Floating Feather Road is proposed to be connected to central sewer. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets)shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. M. BUILDING DESIGN FEAIIJRES:N/A N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 293 existing trees on the site. The applicant is proposing to retain 197 trees and remove 95 existing trees. Trees to be removed are trees that encroach upon the buildable lots, are located within the development infrastructure areas, undesirable species,topped,or in otherwise poor health. Page 3 of 19 KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx Below is a list of all existing trees to be retained or removed identified by species, size, condition, and required replacement inches as identified on Sheet L1.3,date stamped by the city on January 14, 2020. Retaining/ Tree Specie Caliper Condition Replacement Removing inches 1 Removing Maple 24"caliper Poor 0" 2-35 Removing Juniper 10' tall (per tree) Fair 0' 36 Removing Elm 12"caliper Fair 0" 37 Removing Elm 8"caliper Fair 0" 38-45 Removing Juniper 15' tall (per tree) Good 120' 46-48 Removing Juniper 20' tall (per tree) Good 60' 49 Removing Willow 12"caliper Poor 0" 50 Removing Oak 3"caliper Good 0" 51 Removing Spruce 7' tall Good 7' 52 Removing Birch 6" caliper Poor 0" 53 Removing Oak 4" caliper Good 4" 54 Removing Arborvitae 25' tall Good 25' 55 Removing Pine 15' tall Good 15' 56-60 Removing Pine 17' tall (per tree) Good 85' 61-66 Removing Pine 25' tall (per tree) Good 150' 67 Removing Pine 27' tall Good 27' 68-69 Removing Pine 30' tall (per tree) Good 60' 70-75 Removing Spruce 8' tall (per tree) Good 48' 76-78 Removing Spruce 15' tall (per tree) Good 45' 79-80 Removing Spruce 20' tall (per tree) Good 40' 81 Removing Fir 17' tall Good 17' 82 Removing Weeping Cedar 6"caliper Good 6" 83 Removing Golden Rain 12"caliper Good 12" 84 Removing Maple 13"caliper Good 13" 85-86 Removing Amur Maple 6" caliper(per tree) Good 12" 87 Removing Plum 12"caliper Good 12" 88 Removing Crabapple 6" caliper Good 6" 89-90 Removing Apple 4" caliper(per tree) Good 8" 91 Removing Apple 6" caliper Good 6" Page 4 of 19 K\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS dr£docx 92 Removing Apple 8"caliper Good 8" 93-95 Removing Peach 6"caliper(per trees) Good 18" 96 Retaining Oak 3"caliper Good N/A 97-102 Retaining Arborvitae 17' tall (per tree) Good N/A 103 Retaining Pine 6' tall Good N/A 104-105 Retaining Pine 15' tall (per tree) Good N/A 106-130 Retaining Pine 20' tall (per tree) Good N/A 131-132 Retaining Pine 25' tall (per tree) Good N/A 133 Retaining Pine 30' tall Good N/A 134 Retaining Fir 15' tall Good N/A 135 Retaining Cedar 10' tall Good N/A 136-138 Retaining Cedar 15' tall (per tree) Good N/A 139-140 Retaining Cedar 20' tall (per tree) Good N/A 141 Retaining Ash 8"caliper Good N/A 142 Retaining Ash 10"caliper Good N/A 143 Retaining Ash 14"caliper Good N/A 144 Retaining Birch 8" caliper Good N/A 145 Retaining Birch 10" caliper Good N/A 146-166 Retaining Maple 6"caliper(per tree) Good N/A 167 Retaining Maple 8"caliper Good N/A 168-171 Retaining Maple 10"caliper(per Good N/A tree) 172 Retaining Maple 13" caliper Good N/A 173 Retaining Maple 14" caliper Good N/A 174 Retaining Maple 36"caliper Good N/A 175 Retaining Honey Locust 8" caliper Good N/A 176 Retaining Plum 2"caliper Good N/A 177 Retaining Crabapple 6"caliper Good N/A 178 Retaining Crabapple 12" caliper Good N/A 179 Retaining Apple 6" caliper Good N/A 180-183 Retaining Apple 8"caliper(per tree) Good N/A 184-185 Retaining Apple 10" caliper(per Good N/A tree) 186 Retaining Apple 12"caliper Good N/A Page 5 of 19 K\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx 187-188 Retaining Peach 6"caliper(per tree) Good N/A 189 Retaining Pear 8"caliper Good N/A 190-213* Retaining Cottonwood 30' tall(per tree) Good N/A 214-216* 1 Retaining 1 Elm 36"caliper(per Good N/A tree) 217* Retaining Willow 20"caliper Good N/A 218* Retaining Elm 20"caliper Good N/A • 219-232* Retaining Pine 12' tall(per tree) Good N/A 233* Retaining Spruce 10' tall Good N/A 234* Retaining Plum 2"caliper Good N/A 235-236* Retaining Arborvitae 25' tall(per tree) Good N/A • 237-238* Retaining Maple 6"caliper(per tree) Good N/A • 239* Retaining Maple 8"caliper Good N/A 240-241* Retaining Maple 10"caliper(per Good N/A tree) 242* Retaining Maple 12"caliper Good N/A 243* 1 Retaining Apple 6"caliper Good N/A • 244* Retaining Apple 9"caliper Good N/A 245* Retaining Pear 6"caliper Good N/A • 246* Retaining Fir 15' tall Good N/A 247-248* Retaining Fir 25' tall(per tree) Good N/A 249-252 Retaining Spruce 8' tall(per tree) Good N/A 253 Retaining Spruce 15' tall Good N/A 254-256 Retaining Spruce 18' tall(per tree) Good N/A 257-258 Retaining Spruce 25' tall(per tree) Good N/A 259-260 Retaining Spruce 30' tall(per tree) Good N/A 261-262 Retaining Spruce 40' tall(per tree) Good N/A 263-277 Retaining Cottonwood 12"caliper(per Good N/A tree) 278-286 Retaining Cottonwood 16"caliper(per Good N/A tree) 287 Retaining Cottonwood 20"caliper Good N/A 288 Retaining Willow 24"caliper Good N/A 289 Retaining Willow 30"caliper Good N/A 290 Retaining Willow 36"caliper Good N/A Page 6 of 19 KAPlanning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx 291 Retaining Maple 10"caliper Good N/A 292 Retaining Fir 18' tall Good N/A 293 Retaining Cedar 8' tall Good N/A Total# of Total 170"caliper trees 293 Caliper Inches/Feet 1,209 to be Removed Total 1,075" caliper Caliper Inches/Feet 2,058' to be Retained Total 105" caliper Caliper 692' Inches/Feet to be mitigated for *Trees located within a common area that are counted towards the minimum required landscaping. Deciduous Trees to be mitigated(105 caliper inches divided by 2"caliper) 53 Evergreen Trees to be mitigated(692-feet divided by 7-feet) 99 Total trees required to be planted or mitigated 152 Number of trees required to be mitigated Number of Trees Total trees required to be planted or mitigated 152 Trees proposed above the number of trees required per 1,000-SF 0 Trees to be retained on perimeter of buildable lots 108 Trees required to be planted or mitigate 44 Caliper inches/height of trees required to be mitigated Caliper inches to be planted or mitigated 105" Feet to be planted or mitigated 692' Caliper inches of tree being retained but not located within the common area 405" Tree height being retained but not located within the common area 1,119' Caliper inches required to be planted or mitigated 0* *Note: If the Board approves utilizing trees located on common lots toward required mitigation. Tree Replacement Calculations: There are 293 existing trees on-site totaling 1,245 caliper inches(deciduous)and 3,267-feet(conifers). The applicant is proposing to remove 95 trees totaling 170 caliper inches (deciduous) and 1,209-feet (conifers). See the discussion section under staff analysis herein(page 13) for additional information. Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board. Page 7 of 19 K\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx Street Trees: Street trees are proposed in the front of the residential lots along the private road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:N/A O. lisRASH ENCLOSURES:N/A P. MECHANICAL UNITS:N/A Q. OUTDOOR LIGHTING: A site plan, showing the locations of streetlights and detailed cutsheets,was not provided.All site lighting is required to be in conformance with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to issuance of any permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FU'IIJRE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEA1'URES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes — located adjacent to the perimeter of the site, east side of the existing driveway providing access to 1797 West Floating Feather Road, and in proximity to the two (2) existing residences. Riparian Vegetation—no Steep Slopes—yes Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report Eagle Fire Department Idaho Transportation Department Marathon Petroleum(fka Andeavor) New Dry Creek Ditch Company Y. LEIIERS FROM [HE PUBLIC:None received to date. Page 8 of 19 KAPlanning DeptTagle ApplicationsOr\2020\DR-04-20 Hidden Pond LS drf.dcex THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING 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 (adopted November 14, 2017), designates this site as the following: Large Lot Residential Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this category will tend to appear as suburban large lot and generally less agrarian than the Estate ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-7(C): Retention, Removal, and Replacement of Trees: C. Retention, Removal, And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8") caliper deciduous tree is removed, an acceptable replacement would be four(4)two inch (2") caliper deciduous trees. A twelve foot(12') tall coniferous tree is removed, an acceptable replacement would be two(2) six feet(6') tall coniferous trees. b. When a homeowners association or its agent removes tree(s)from a subdivision common area to appropriately thin an overgrown canopy, replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city. c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of the following trees shall not otherwise Page 9 of 19 K.\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx require replacement: black locust, poplar, cottonwood, willow,tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section 8-1-2 of this title, the tree(s)may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. 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 shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line, whichever is furthest from the trunk. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots: 5. Common Area Landscapes: New residential subdivision common area landscapes shall be comprised of the following: a. Lawn, either seed or sod. b. A minimum of one deciduous shade tree per one thousand(1,000) square feet. • Eagle City Code Section 8-2A-7(M): Parkway Strips, Separated Sidewalks, and Street Trees: 3. Within residential developments one shade class(class II)tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot (8')wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street frontage. • Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light(including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. Page 10 of 19 K.\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf docx 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture(as identified in the EASD book)are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED(or approved equivalent) and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet(20')for parking lots with less than two hundred(200) spaces; b. Twenty five feet(25')for parking lots with more than two hundred(200) spaces but less than five hundred(500) spaces; c. Thirty feet(30') for parking lots with more than five hundred(500) spaces; d. Fifteen feet(15')for any pole within fifty feet(50')of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty(250) watt maximum high pressure sodium lights, 3000K maximum LED lights(or approved equivalent) shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty(320)watts. b. The light fixture shall be no higher than seventeen feet(17'). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. d. Historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture(as identified in the EASD book) shall not be permitted to have metal halide lighting. 8. Existing lighting, for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way, required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or Page 11 of 19 K\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet(60')apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. C. DISCUSSION: • Sheets L1.3 and L1.4 of the landscape plan identifies 293 existing trees on the site. The applicant is proposing to retain 197 trees and remove 96 existing trees. Of the 96 existing trees proposed to be removed, 55 trees are in good health, are not a specie identified in Eagle City Code Section 8- 2A-7(C)as a tree that does not require mitigation,therefore, mitigation is required. The total mitigation required for the 55 trees is 170 caliper inches (deciduous) and 1,209-feet(conifers). The applicant is proposing to utilize existing trees located on the perimeter of buildable lots and not within common areas towards their mitigation. There are 108 existing trees on the perimeter of the buildable lots totaling 405-caliper inches (deciduous)and 1,119-feet(conifers). If the Board accepts the applicant's proposal to utilizing the existing trees located on the perimeter of the buildable lots towards the required mitigation,then no additional mitigation is required. -OR- If the Board does not accept the applicant's proposal to utilize the existing trees located on the perimeter of the buildable lots towards the required mitigation,then the applicant should be required to provide a revised landscape plan showing the addition of 53 —2"caliper deciduous trees and 99—6'-7' coniferous trees. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to approval of a final plat application. • The landscape plan identifies 59-existing trees within the common area and another 15-trees are proposed to meet the minimum requirement of 1-shade trees per 1,000-square of common area. The existing trees species include Cottonwood, Willow, Elm Pine, Spruce, Plum, Arborvitae, Maple, Pear, and Fir. Eagle City Code Section 8-2A-7(C) states that unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of Black Locust, Poplar, Cottonwood, Willow, Tree of Heaven, Elm, and Silver Maple trees do not require replacement. Twenty-nine of the existing trees are either Cottonwood, Willow, or Elm. The applicant should be required to provide a revised landscape plan that includes a note that states that all existing trees located within the common areas(not including the private drive or required buffer along Floating Feather Road)are required trees, and removal of any of these trees will result in a replacement tree being required. The revised landscape plan should be reviewed and approved by staff prior to approval of a final plat application. • The landscape plan shows a landscape strip on the north side of the separated sidewalk adjacent to West Floating Feather Road landscaped with sod but no street trees. Eagle City Code Section 8-2A-7(M)(3), requires one shade class(class II)tree planted within an 8-foot wide landscape strip between the sidewalk and the curb and spaced a minimum of 35-feet to a maximum of 80- feet apart. The applicant should be required to provide a revised landscape plan showing a minimum of three street trees planted within the 8-foot wide landscape strip between the sidewalk and the curb adjacent to West Floating Feather Road. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to approval of a final plat application. Page 12 of 19 K\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx • The landscape plan does not identify proposed streetlight locations nor were detailed lighting cutsheets received. The applicant should be required to provide a revised landscape plan identifying the locations of all streetlights and provide detailed cutsheets of the lighting showing the style,color, height, illumination type,wattage,etc.The revised landscape plan and detailed lighting cutsheet should be reviewed and approved by staff prior to approval of a final plat application. • The landscape plan shows a 6-foot vinyl fence proposed on the south side of the landscape buffer adjacent to West Floating Feather Road on the property line of the common lot and residential lot. The landscape buffer is proposed to be 5-foot 6-inches tall. Eagle City Code Section 9-3-10, states that a fence located on the property line between the required roadway buffer area and the residential lot may be a solid wood picture frame or premium vinyl picture frame fence and if the fence is visible from the adjacent roadway,then the fence is required to include decorative columns spaced a maximum of 60-feet apart. The applicant should be required to provide a revised landscape plan showing a premium vinyl picture frame fence that includes decorative columns spaced a maximum of 60-feet apart on the property line of the common lot and residential lot or provide a revised landscape plan showing the berm at 6-feet high adjacent to West Floating Feather Road. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to approval of a final plat application. STAKI'RECOMMENDATION PROVH)ED WITHIN THE STAJ '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 to consider the application was held before the Design Review Board on February 13,2020, at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 1:13:06) Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board recommended counting the existing landscaping on the buildable lots toward required tree mitigation with the addition of an easement or common lot to protect them from removal. • The Board is in favor of the proposed landscaping on the site. BOARD DECISION: The Board voted 4 to 1 (Germano—Against, Duperault and Koci absent)to recommend approval of DR- 04-20 for a design review application for the common area landscaping within Hidden Pond Subdivision for Chelo Barron,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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-1 5-18/CU-07-1 8JPPUD-05-1 8IPP-11-18. 2. 1€-The Board accepts the applicant's proposal to utilize the existing trees located on the perimeter of the buildable lots towards the required mitigation, - . ... •- .' _. so long as the applicant either: Page 13 of 19 KAPlanning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx A. Provides a copy of a recorded Preservation Easement that encompasses the existing trees on the buildable lots and provides language in the subdivision CC&R's prohibiting the removal of the trees.A copy of the recorded Preservation Easement and CC&R language shall be reviewed and approved by the City Attorney, staff, and two members of the Design Review Board prior to the City Clerk signing the final plat. -OR- B. Provide a revised preliminary plat showing the trees located on the perimeter of the buildable lots located within a common lot. The revised preliminary plat shall be reviewed and approved by staff and two members of the Design Review Board prior to approval of a final plat application. If motion A or B are not utilized,then the Board does not accept the applicant's proposal to utilize the existing trees located on the perimeter of the buildable lots towards the required mitigation and the applicant shall be required to either: C. -- - . .. '-: ._ . .' _. : :Provide a revised landscape plan showing the addition of 53 —2"caliper deciduous trees and 99—6'-7' coniferous trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of a final plat application. -OR- D. Provide a contribution to the tree fund in the amount of$59,895.00. The contribution shall be submitted to the City prior to the City Clerk signing the final plat. -OR- E. Provide tree mitigation utilizing a combination of options C and D above.The revised landscape plan shall be reviewed and approved by staff and two members of the Board prior to approval of the final plat application. The contribution to the tree fund shall be submitted to the City prior to the City Clerk signing the final plat. 3. Provide a revised landscape plan that includes a note that states that all existing trees located within the common areas(not including the private drive or required buffer along Floating Feather Road)are required trees, and removal of any of these trees will result in a replacement tree being required. The revised landscape plan shall be reviewed and approved by staff prior to approval of a final plat application. 4. Provide a revised landscape plan showing a minimum of three street trees planted within the 8-foot wide landscape strip between the sidewalk and the curb adjacent to West Floating Feather Road. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of a final plat application. 5. Provide a revised landscape plan identifying the locations of all streetlights and provide detailed cutsheets of the lighting showing the style,color,height, illumination type,wattage,etc. The revised landscape plan and detailed lighting cutsheet shall be reviewed and approved by staff prior to approval of a final plat application. 6. Provide a revised landscape plan showing a premium vinyl picture frame fence that includes decorative columns spaced a maximum of 60-feet apart on the property line of the common lot and residential lot(south side of the berm adjacent to West Floating Feather Road)or provide a revised landscape plan showing the berm at 6-feet high adjacent to West Floating Feather Road. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of a final plat application. 7. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. Page 14 of 19 KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx 8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No ground mounted mechanical units are proposed with this application and none are approved. 12. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. 13. No signs are proposed with this application and none are approved. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 a Zoning Certificate for this site. 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 and 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 Page 15 of 19 KAPlanning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx 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. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association, or other irrigation entity associated with such ditch, pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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 issuance of any Certificate of Occupancy. 11. 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. 12. 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. 13. 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 be inspected in accordance with all agencies having jurisdiction, and shall be verified in Page 16 of 19 KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx 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. 14. 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 Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. 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. 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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 City Council. 21. 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 the City Council for review and approval. 22. 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. 23. 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. 24. 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. 25. 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 approval date). Page 17 of 19 KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.dcez 26. 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. 27. 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 Board reviewed the particular facts and circumstances of this proposed design review application (DR-04-20) 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. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and subdivision landscaping is permitted with the approval of a design review application within the R-3-DA-P (Residential with a development agreement - PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed common area landscaping is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district—Not applicable for a landscape plan; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development — Not applicable for a landscape plan; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover nor detract from desirable architectural features. Page 18 of 19 KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.dcex DATED this 27th day of February 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho fi `c---+ g-q---e--L.------- 0-7 Craig Brashe , Chairman / �.•••''""'•.,.. p•GLE s 1 Y••••••••• •, 0.•• ,P t•-..* , ATT ,ST:,,, ! fc0 • • Q 1• -- --'' \\* ikl--' 0\X—.) s' • % *:*•• -c : (6_ ..,, •.. woo.o..• _.N 4. V Sharon K. Bergmann, Eagle City Clerk ' , '•••'• • •• , TA Page 19 of 19 K\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS drf.docx 'x • . iA • ,V