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Findings - DR - 2020 - DR-47-20 - Estrada Sub Land ScapeBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN ESTRADA VILLAGE SUBDIVISION FOR CONGER GROUP FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-47-20 The above -entitled design review application came before the Eagle Design Review Board for their action on September 10, 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; FINDINGS OF FACT: A. PROJECT SUMMARY: Laren Bailey with Conger Group, is requesting design review approval of the common area landscaping within Estrada Village Subdivision. The 22.03-acre site is located on the north side of East Hill Road approximately 450-feet west of the intersection of South Edgewood Lane and East Hill Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 23, 2020. Building elevations and detailed lighting cut sheets were received on August 5, 2020 and photographs of on site trees were received on August 18, 2020. A revised arborist report, a wildlife analysis, and a revised plant schedule were received on August 31, 2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 28, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 30, 2016, the City approved a lot line adjustment for Patrick and Karen Towne (LLA- 04-16). On July 28, 2020, the City Council approved a rezone from A (Agricultural) to MU-DA-P (Mixed Use with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Estrada Village Subdivision for C17, LLC (RZ-02-19 and PP-03-19). E. COMPANION APPLICATIONS: None. Page 1 of 18 K:1Planning Dcpt'Eaglc Applications1Dr120201DR-47-20 Estrada Sub LS drfdocx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown and Scenic Corridor Proposed No Change North of site High Density Residential South of site Downtown, Public/Semi-Public, Compact Residential, and Scenic Corridor MU-DA (Mixed Use with Development Agreement [in lieu of a PUD]) No Change R-4 (Residential) MU-P (Mixed Use — PUD), MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), and PS (Public/Semi-Public) East of site A-R (Agricultural - Residential) and R-1 (Residential) West of site Neighborhood R-4 (Residential) Residential and Scenic Corridor Compact Residential and Scenic Corridor Single-family residential development (Estrada Village Subdivision) No Change Single-family residential subdivisions (Eagle Hills West and Eagle Rim Estates Subdivisions) and Eagle Hills Golf Course Single-family residential subdivisions (Winding Creek and Crestpoint Place Subdivisions), Multi -family residential (Sooner Condominiums), and Academy School Single-family home located on an unplatted parcel Single-family residential subdivision (Larue Acres Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: No. I. EXISTING SITE CHARACTERISTICS: The site is vacant land with existing trees located along the western property line, in proximity of the northwest corner of the site, and northeast of the entrance which is centrally located into the site from East Hill Road. Page 2 of 18 K:1Planning DcpttEagle ApplicationsOr\20201DR-47-20 Estrada Sub LS drf docx J. SITE DATA: Total Acreage of Site — 22.03-acres Total Number of Lots — 122 Residential — 104 Commercial — 0 Industrial — 0 Common — 18 (inclusive of 14-open space lots, 3-common drive lot), and 1-private street lot) Total Number of Units — 104 Single-family — 104 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 K. GENERAL SITE DESIGN FEATURES: Open Space: A total of 196,690-square feet (4.51-acres) approximately 20.5% of open space is proposed within the residential subdivision. The open space is inclusive of the 35-foot wide buffer area located adjacent to East Hill Road. The open space also consists of buffer lots adjacent to the internal streets, a western park area, main park area with a gathering place, and an eastern park area. The park areas will include a picnic shelter, patio area, gas fire pit, seating/gathering areas, pathways, and landscaping. 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&R's 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: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On -site Septic System (yes or no) — Yes, the existing residence is connected to a septic system. Pressurized Irrigation: The property currently receives irrigation water from the New Dry Creek Ditch Company. Preservation of Existing Natural Features: The property contains mature trees located along the western property line, in proximity of the northwest corner of the site, and northeast of the entrance which is centrally located into the site from East Hill Road. The applicant is proposing to retain five trees which are located along the western property line. 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. Page 3 of 18 K:1Planning Dept\Eagle Applications1Dr120201DR-47-20 Estrada Sub IS drf.docx 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. Number and Uses of Proposed Buildings/Structures: The applicant is proposing to construct four (4) buildings to be utilized as a guard shack, picnic shelter, pump house, and sewer lift station and one entry gate feature into the dog park. Height and Number of Stories of Proposed Buildings: Guard Shack: 80-square feet; 12' 'A" single story structure. Picnic Shelter: 720-square feet; 9' 3 5/8" single story structure. Pump House: 192-square feet; 14' 3 15/16" single story structure. Sewer Lift Station: 270-square feet; 15' 7" single story structure. Dog Park Entry Feature: 56-square feet; 12' 2" single story structure. L. BUILDING DESIGN FEATURES: N/A Entry and Exit Gates: Materials: Gate (Bronze SW7055), Monument Stone (Eldorado Roughcut Moonlight), Pillar (Concrete Cap) Guard Shack: Materials: Roof 20-year asphalt shingles and roof hatch (Charcoal), Stone Veneer (Eldorado Roughcut Moonlight), Pillar (Concrete Cap) Dog Park Gate: Materials: Gate (Bronze SW7055), Pillar Stone (Eldorado Roughcut Moonlight), Ramada Roof standing seam metal (Dark Gray) Picnic Shelter: Materials: Roof (standing seam metal (Dark Gray), Pillar Stone (Eldorado Roughcut Moonlight) Irrigation Pump House: Materials: Facia, soffit, shutters, door (Urbane Bronze SW7048), Stucco (Gargoyle BM1546), Roof 20-year asphalt shingles and roof hatch (Charcoal) Sewer Lift Station: Materials: Fascia, soffit, shutters, metal panel door (Urbane Bronze (SW7048), Stucco (Gargoyle BM1546), Roof 20-year asphalt shingles (Charcoal) Page 4 of 18 K:'Planning Dept\Eagle Applications\Dr120201DR-47-20 Estrada Sub LS drf.docx M. LANDSCAPING DESIGN: The property contains mature trees located along the western property line, in proximity of the northwest corner of the site, and northeast of the entrance which is centrally located into the site from East Hill Road. The applicant is proposing to retain five trees which are located along the western property line. Below is a list of all existing trees proposed to be removed and/or retained identified within the revised arborist report, date stamped by the City on August 31, 2020. # Common Caliper/Height Condition Status Name 1 Tree of Heaven 3" Poor Remove 1 Black Locust 7" Poor Remove 1 Black Locust 12" Poor Remove 1 Black Locust 22" Good Preserve 1 Black Locust 17" Fair Remove 1 Black Locust 26"-12" Poor Remove 1 Black Locust 13" Fair Remove 1 Black Locust 25" Good Preserve 3 Black Locust 10" Poor/Dead Remove 3 Black Locust 15" Poor Remove 1 Black Locust 36" Good Preserve 1 Black Locust 11" Poor Remove 4 Black Locust 8" Poor Remove 8 Black Locust 18" Poor/Dead Remove 2 Black Locust 23" Poor Remove 3 Black Locust 19" Poor Remove 2 Black Locust 9" Poor Remove 1 Black Locust 26" Poor Remove 1 Black Locust 24" Fair Remove 1 Black Locust 46" Poor Remove Replacement Inches Per ECC Page 5 of 18 K:\Planning Dept\Eagle Applications1Dr120201DR-47-20 Estrada Sub LS drf docc 5 Black Locust 1 Black Locust 1 Black Locust 1 Black Locust 1 Black Locust 3 Black Locust 3 Black Locust 3 Black Locust 13" Poor Remove i 22" Poor Remove 28" Fair Remove 7" Poor Remove 13" Poor Remove 12" Fair Remove 17" Poor Remove 14" Poor Remove 1 Black Locust 18" Fair Remove 1 Black Locust 15" Fair Remove 1 Black Locust 12" Dead Remove 2 Black Locust 8" Dead Remove 1 Black Locust 24" + 8" Poor Remove 1 Black Locust 25" Poor Remove 1 Black Locust 19" Dead Remove 1 Black Locust 22" Good Preserve 1 Ash 23" Poor Remove 23" caliper 1 Ash 12" Dead/Chainsaw cut Remove 12" caliper 1 Ash 13" Dead/Chainsaw cut Remove 13" caliper 1 Ash 20" Poor Remove 20" caliper 1 Ash 25" Poor/Cut regrown Remove 25" caliper 3 Ash 12" Poor/Cut regrown Remove 36" caliper 1 Ash 18" Poor Remove 18" caliper 1 Ash 20" Good Leaning Hazard Remove 20" caliper 1 Black Locust 4" Good Remove i 1 Ash 6" Dead Remove 1 Black Locust 3" Fair Remove 1 Black Locust 21" Good Preserve 1 Black Locust 3" Dead Remove 1 Black Locust 24" Fair Remove Page 6 of 18 K:\Planning Dept\Eagle Applications\Dr120201DR47-20 Estrada Sub LS drfdocx 1 Black Locust 25" Fair Remove 1 Black Locust 35" Poor Remove 1 Black Locust 21" Dead Remove 1 Black Locust 12" Dead Remove 2 Black Locust 24" Poor Remove 1 Black Locust 16" Poor Remove 1 Ash 15" Fair/Broken limbs Remove 15" caliper 1 Black Locust 11" Fair Remove 1 Black Locust 39" Fair Remove 1 Black Locust 26" Fair Remove 1 Black Locust 28" Poor Remove 1 Black Locust 15" Fair Remove 1 Black Locust 10" Fair Remove 1 Black Locust 7" Fair Remove 1 Black Locust 21" Poor Remove 1 Willow 66" Fair Remove 2 Willow 20" Poor Remove 1 Willow 12" Fair Remove 3 Willow 7" Dead Remove 1 Willow 24" Fair Remove 1 Willow 39" Poor Remove 1 Willow 13" Poor Remove 1 Willow 14" Poor Remove 1 Willow 17" Poor Remove 1 Willow 27" Fair Remove 1 Willow 48" Poor Remove 1 Willow 27" Dead Remove 1 Willow 18" Poor Remove 1 Willow 27" Poor Remove 1 Willow 16" Poor Remove 1 Willow 42" Poor Remove 16 Tree of Heaven < 2" Volunteers Remove i 1 Page 7 of 18 K:1Planning DcptlEagle Applications\Dr\20201DR-47-20 Estrada Sub LS drf docx 132 Total Trees On site 2,094" caliper 127 Total Trees to be removed on site -1,968" caliper 118 Total Trees to be removed on site (no mitigation required) 1.786" caliper 9 Deciduous trees to be removed on site (mitigation required) - 182" caliper 5 Total Deciduous trees to be preserved on site 126" caliper Total caliper inches/feet of trees required to be replaced on site 182" caliper Tree Replacement Calculations: Tree mitigation is not required for Black Locust, Tree of Heaven, or Willow trees unless it is determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife habitat, pursuant to Eagle City Code Section 8-2A-7(C)(2)(c). The applicant has provided a revised arborist report, date stamped by the City on August 31, 2020, showing the specie, size (caliper inches/height), and condition. One hundred thirty-two (132) total deciduous trees have been identified on the site totaling 2,094 caliper inches. There are 9 existing Ash trees on the site that the applicant is proposing to remove that require mitigation totaling 182 caliper inches, as well as 118 trees (Black Locust, Tree of Heaven, Willow,) that do not require mitigation totaling 1,786 caliper inches. Required mitigation is determined based on caliper inches for deciduous trees and height in feet for coniferous trees. The applicant is proposing 110, 2.5" caliper deciduous trees and 268, 10'-12' coniferous trees on the site. This provides 55-caliper inches (27, 2-inch caliper deciduous trees) and 1,608-feet (268, 6'-7' coniferous trees) towards mitigation which satisfies the required tree mitigation. The applicant also provided a detailed wildlife habitat report written by Bill Bosworth of Idaho Fish and Game that corresponds with the arborist report date stamped by the City on August 31, 2020, regarding the proposed removal of the existing Black Locust, Tree of Heaven, Ash, and Willow trees. The wildlife habitat report narrative provides a recommendation for reducing the likelihood of nest destruction if existing trees and vegetation will be removed, as well as the timing of tree removal to assist the City in determining whether the trees should be removed, and if so, whether tree replacement is necessary to preserve the wildlife habitat within the area of concern. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along both sides of all the streets within the subdivision. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A N. TRASH ENCLOSURES: N/A O. MECHANICAL UNITS: N/A P. OUTDOOR LIGHTING: A site plan, showing the location of streetlights and detailed cut sheets, was provided. All site lighting is in conformance with Eagle City Code Section 8-4-4-2. Q. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Page 8 of 18 K:\Planning Dept\Eagle Applications lDr\20201DR-07.20 Estrada Sub LS drf docx R. 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 from the Eagle Water Company will be required prior to issuance of a building permit. S. PUBLIC USES PROPOSED: None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — yes — along the western property line, in proximity of the northwest corner of the site, and northeast of the entrance into the site from East Hill Road. Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — unknown Wildlife Habitat — unknown V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Idaho Department of Fish and Game Idaho Transportation Department Marathon Pipe Line, LLC (fka Andeavor) New Dry Creek Ditch Company Sawtooth Law X. LETTERS FROM THE PUBLIC: None received to date. 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 15, 2017), designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to Page 9 of 18 K:1Planning Dcpt\Eaglc Applications1Dr12020\DR-47.20 Estrada Sub LS drfdocu utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the all common areas throughout the development, 3) landscape screening details and buffering for the common lot located adjacent to East Hill Road, 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.9 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on -site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.10 In conjunction with 3.9 above, all living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 16. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On -going surety for street trees for all undeveloped portions of the development will be required through project completion. 17. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal the Design Review Board) shall be provided for Design Review Board approval prior to the submittal Page 10 of 18 K:1Planning Dcpt\Eaglc Applications1Dr120201DR-47-20 Estrada Sub LS drf.docx of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 18. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. 19. 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. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J).. D. 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 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. Page 11 of 18 K\Planning DepttEagle Applications'Drk2020ODR-47-20 Estrada Sub LS drf.docx 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. E. DISCUSSION: • The applicant is requesting design review approval for the common area landscaping within Estrada Village Subdivision, a 122-lot (104-buildable, 18-common) residential subdivision. The common area open space consists of buffer lots adjacent to the internal streets, a western park area, main park area with a gathering place, an eastern park area, and a buffer along East Hill Road. The park areas will include a picnic shelter, patio area, gas fire pit, seating/gathering areas, pathways, and landscaping. Street trees are proposed throughout the entire development generally located at each side property line. Staff defers comment regarding the common area landscaping to the Design Review Board. • The applicant is proposing to remove all existing trees (Black Locust, Tree of Heaven, Ash, and Willow) from the site except for five trees (Black Locust) which are located along the western property line. An arborist report, date stamped by the City on August 31, 2020, states the condition of the existing trees as poor, fair, or good. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c), tree mitigation for the Black Locust, Tree of Heaven, and Willow trees is not required unless the City determines that replacement is necessary to preserve and/or restore riparian and wildlife habitat. A habitat wildlife report narrative provides a recommendation for reducing the likelihood of nest destruction if existing trees and vegetation will be removed, as well as the timing of tree removal to assist the City in determining whether the trees should be removed, and if so, whether tree replacement is necessary to preserve the wildlife habitat within the area of concern. One hundred thirty-two (132) total deciduous trees have been identified on the site totaling 2,094 caliper inches. There are 9 existing Ash trees on the site that the applicant is proposing to remove that require mitigation totaling 182 caliper inches, as well as 118 trees (Black Locust, Tree of Heaven, Willow,) that do not require mitigation totaling 1,786 caliper inches. Required mitigation is determined based on caliper inches for deciduous trees and height in feet for coniferous trees. The applicant is proposing 110, 2.5" caliper deciduous trees and 268, 10'-12' coniferous trees on the site. This provides 55-caliper inches (27, 2-inch caliper deciduous trees) and 1,608-feet (268, 6'-7' coniferous trees) towards mitigation which satisfies the required tree mitigation. Staff defers comment regarding the removal of the existing trees to the Design Review Board. • Staff defers comment regarding building design and colors to the Design Review Board. Page 12 of 18 K:\Planning Dept\Eagle Applications\Dr\2020\DR-47-20 Estrada Sub LS drf docc STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff defers recommendation of this application to the Design Review Board. If the requested design review application is approved, then staff recommends 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 September 10, 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 28:41) Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board is in favor of the proposed common area landscaping and amenity structures within the proposed subdivision. • The Board confirms that tree mitigation has been satisfied with the number of proposed trees throughout the development. BOARD DECISION: The Board voted 6 to 0 (Baer absent) to recommend approval of DR-47-20 for a design review application of the common area landscaping within Estrada Village Subdivision for Conger Group, 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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-02-19 and PP-03-19. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 3. 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. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 6. Paint all electrical meters, phone boxes, etc. located on the sewer lift building and the pump house building to match the color of the building. 7. No signs are proposed with this application and none are approved. 8. Provide a revised plan showing the fence color to be Teak. The revised fence detail shall be reviewed and approved bv staff prior to approval of a final plat application. 9. Provide a revised landscape plan showing mailbox locations. Provide detail cut sheets showing size. materials, and colors of the mailboxes. The revised landscape plan and detailed cut sheets shall be reviewed and approved bv staff and one member of the Design Review Board prior to approval of a final plat application. Page 13 of 18 K:1Planning DeptAEaglc Apptications\Dr\20201DR-47-20 Estrada Sub LS drfdocx 10. Provide drainage plans. from a professional engineer, showing anv swales or french drains to be located on the back side of the berm along East Hill Road. The drainage plans shall be submitted at the time of final plat application and reviewed and approved bv the City Engineer prior to approval of the final plat. 11. Provide a revised landscape plan showing the 30-foot wide berm along East Hill Road with a slope of 3:1 or provide an alternate method of compliance for the 3:1 slope. The revised landscape plan or alternative method of compliance shall be reviewed and approved bv staff and one member of the Design Review Board prior to approval of a final plat application. 12. Provide revised building elevations showing building lighting locations. Provide detailed lighting cut sheet of all building lighting proposed showing the style. color, illumination type, wattage. etc. The revised building elevations and detailed lighting cut sheets shall be reviewed and approved bv staff and one member of the Design Review Board prior to approval of a final plat application. 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 shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. Page 14 of 18 K:1Ptanning Dcpt\Eagle Apptications1Dr120201DR-47-20 Estrada Sub LS drf docx 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, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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 Engineer prior to the City Engineer signing the final plat. 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, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 10. Streetlight 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the streetlights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. The applicant shall pay applicable streetlight inspection fees prior to 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. Page 15 of 18 K:1Planning Dept\Eagle Applications1Dr120201DR-47-20 Estrada Sub LS drfdocx c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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 Commission and/or 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/or 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. Page 16 of 18 K:lplanning DeptlEagle Applications\Dr12020\DR.47.20 Estrada Sub LS drf.docx 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 Board reviewed the particular facts and circumstances of this proposed design review application (DR-47-20) 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 MU-DA (Mixed Use 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 Page 17 of 18 K:1Planning Dept\Eagle Applications1Dr120201DR-47-20 Estrada Sub LS drf doac 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 24' day of September 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,)daho 1654,Craig Brasher, Chairman ATTEST: Sharon K. Bergmann, Eagle City Clerk Page l 8 of 18 K \Planning Dept\Eaglc Applications \Dr\2020\DR-07-20 Estrada Sub LS drf'.docx 4,