Findings - CC - 2020 - DR-04-20 - Hidden Pond Subd. Common Area Landscaping BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITffiN HII)DEN )
POND SUBDIVISION FOR CHELO BARROS )
HNDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-04-20
The above-entitled design review application came before the Eagle City Council for their action on March
10, 2020. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact and Conclusions of Law;
HNDINGS 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. NOI'ICE 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 ACIIONS:
On November 27, 2001, the Eagle City Council approved a rezone from A (Agriculture) to R-E
(Residential-Estates)for Mike Malterre(RZ-10-0 1).
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-15-18/CU-07-18/PPUD-05-18/PP-1 1-18).
E. COMPANION APPLICAIIONS:None.
F. LAND USE DESIGNA1 ION:
Single-family residential,permitted pursuant to Eagle City Code Section 8-2-3.
Page 1 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.dcex
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAIIONS:
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 DISTRICT:Not in the DDA, IDA, CEDA,or DSDA.
I. URBAN RENEWAL DISiRICT:No.
J. EXISiING SITE CHARACIERISTICS: 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—
Common—4(3-common, 1-private road)
Total Number of Units—9
Single-family—9(8-buildable, 1-existing)
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—
L. GENERAL SITE DESIGN FEA'iURES:
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 DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx
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 FEA1URES: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 Applicadons\Dr\2020\DR-04-20 Hidden Pond LS ccf.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"
3 8-45 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\Eag1e Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.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 1 Retaining Apple 12"caliper Good N/A
Page 5 of 19
K.\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx
187-188 Retaining Peach 6"caliper(per tree) Good N/A
189 Retaining Pear 8"caliper Good N/A
19O213* Retaining Cottonwood 30' tall(per tree) Good N/A
214-216* Retaining 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 1 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* 1 Retaining 1 Maple 6"caliper(per tree) Good N/A
239* 1 Retaining Maple 8"caliper Good N/A
240-241* 1 Retaining 1 Maple 10"caliper(per Good N/A
tree)
242* Retaining Maple 12"caliper Good N/A
243* Retaining Apple 6"caliper Good N/A
244* Retaining Apple 9"caliper Good N/A
1 245* Retaining Pear 6"caliper Good N/A
246* Retaining Fir 15' tall Good N/A
247-248* Retaining 1 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 1 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 ccf.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 ccf 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. sfRASH 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 FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEA1'LJRES:
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. LETTERS FROM THE PUBLIC:None received to date.
Page 8 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS cc£dcex
THE CITY COUNCIL 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 ccf.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 ccf 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 ccf.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 ccf 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 PROVII)ED 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 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 Barros,with the following site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document,dated February 27,
2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on March 10, 2020, at which
time the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
Page 13 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0(Baun absent)to approve DR-04-20 for a design review application for the
common area landscaping within Hidden Pond Subdivision for Chelo Barros,with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-15-1 8/CU-07-1 8/PPUD-05-1 8/PP-11-18.
2. 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:
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 option 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
Page 14 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx
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.
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.
Page 15 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. 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
Page 16 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx
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
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
Page 17 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx
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).
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 Council 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 Council 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;
Page 18 of 19
KAPlanning DeptTagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccfdocx
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.
DATED this 10th day of March 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
c v....a?, . „...„
a...,......
„o,e„seeeeeeri,,,
,
OF to G, i*„
`e0 eS ..•••••• 4.0
Jason Pierce, Mayor . ( .‘e. ,p R .• ':
m
v •
4 Q v `- :
LI
• :I
ATTEST: . SEAL
I
• ,'•'Oi, d,'•®t•)f?PoRAT1'•,$ e
',4. ,i •••••• , ,,
I) 1 CiA,fit__ ).<,..?P ,,,,,. 0,
`Sharon K. Bergmann, Eagle Ci Clerk
Page 19 of 19
K:\Planning Dept\Eagle Applications\Dr\2020\DR-04-20 Hidden Pond LS ccf.docx