Findings - DR - 2020 - DR-60-20 - Monticello Estates Sub LsBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN MONTICELLO )
ESTATES SUBDIVISION FOR NATHAN CUTLER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-60-20
The above -entitled design review application came before the Eagle Design Review Board for their action
on October 8, 2020. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Nathan Cutler is requesting design review approval of the common area landscaping within Monticello
Estates Subdivision. The 4.07-acre site is located at the southeast corner of North Park Lane and West
Floating Feather at 1232 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 3, 2020. Revised information
(landscape plan) was received by the City on September 30, 2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 21, 2020, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 14, 2020, the City Council approved an annexation, rezone from RUT (Rural Urban Transition
— Ada County Designation) to R-3-DA (Residential with a development agreement), and preliminary
plat for Monticello Estates Subdivision (A-01-20/RZ-01-20 & PP-01-20).
E. COMPANION APPLICATIONS: None.
Page 1 of 18
K:1Planning DcptWagle Applications0r120201DR-60-20 Monticello Estates Sub LS drt:docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed No Change
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Neighborhood Residential
and Residential Transition
Overlay
Neighborhood Residential
and Residential Transition
Overlay
Neighborhood Residential
and Residential Transition
Overlay
Neighborhood Residential
and Residential Transition
Overlay
Neighborhood Residential
and Residential Transition
Overlay
ZONING
DESIGNATION
RUT (Rural -Urban
Transition — Ada County
designation)
R-3-DA (Residential with a
development agreement)
R-E (Residential -Estates)
RUT (Rural -Urban
Transition — Ada County
designation)
RUT (Rural -Urban
Transition — Ada County
designation)
R 1 (Residential — Ada
County designation)
LAND USE
Single-family dwelling
with pasture
Residential subdivision
Church
Rays Acres Subdivision
Agriculture (Rays Acres
Subdivision)
Church and single-family
dwelling
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and an attached
sidewalk on North Park Lane and the site has a single-family dwelling, barn, shed, playhouse, shed,
horse cover, and pasture. The barn, shed, playhouse, horse cover, and shed will be removed.
J. SITE DATA:
Total Acreage of Site — 4.07-acres
Total Number of Lots —12
Total Number of Units — 10
Residential — 10
Commercial — 0
Industrial — 0
Common — 2
Single-family — 10
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — none
K. PARKING ANALYSIS: N/A
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the City on February 5, 2020, shows a common lot for the buffer
area located along West Floating Feather Road (minor arterial) and North Park Lane. The common lot
Page 2 of 18
K:1Planning DeptlEagle Applications\Dr120201DR-60-20 Monticello Estates Sub LS drf.docx
varies in size from 20-feet to 50-feet in width. The preliminary plat also shows a 35-foot wide buffer
area common lot located south of Monticello Avenue along North Park Lane.
Open Space:
A total of 34,304-square feet of open space is proposed (inclusive of the planter strips). The required
buffer areas located adjacent to North Park Lane and West Floating Feather Road will be contained
within common lots. One of the buffer area common lots is proposed to contain a community garden
area. A pathway is proposed to provide access from Monticello Court to the community garden area.
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:
The preliminary plat, date stamped by the City on February 5, 2020, identifies the easements to be in
conformance with Eagle City Code Section 9-3-6.
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department.
On -site Septic System:
The existing dwelling is currently served by a septic system. The preliminary plat, date stamped by the
City on February 5, 2020, identifies the location of the existing septic with a label indicating the septic
will be abandoned.
Pressurized Irrigation:
The development will contain a pressurized irrigation system which is supplied from the New Dry
Creek Ditch Company. The applicant has provided a "Preliminary Pressure Irrigation Report," date
stamped by the City on February 11, 2020, to address the City of Eagle Pressure Irrigation Standards.
Preservation of Existing Natural Features:
There are several trees located in proximity to the existing dwelling which will need to be retained or
mitigated if removed.
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 FEATURES - Gazebo:
Roof: Rough Sawn Timber (Mocha Walnut)
Columns: Rough Sawn Timber (Mocha Walnut)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are six existing trees on the site. The applicant is proposing to remove four trees and retain and
protect two trees.
Page 3 of 18
K:1Planning Dept\Eagle Applications1Dr120201DR-60-20 Monticello Estates Sub LS drf.docx
Below is a list of all existing trees proposed to be removed or retained as identified on the existing tree
removal plan, date stamped by the City on September 29, 2020.
Tree Specie Caliper/Height Condition Status Proposed
Replacement
Inches/Feet per
ECC
White Birch 12" Visually good, central Remove 0'
stem has decay present
and a cavity formed at
an old pruning cut,
overall condition is
good.
Austrian Pine 60' Branch spacing and Remove 0'
branch architecture are
very poor, several
competing, crossing
scaffold limbs originate
from the sale spot in the
lower canopy, overall
condition is fair with
high risk due to poor
branch architecture,
proximity to home and
size of tree
Austrian Pine
55' Visually good, canopy Remove 0'
is off balance and
mostly concentrated on
the North side towards
the road, overall
condition fair
Austrian Pine 30' Visually fair condition, Remove 0'
previous failures; co -
dominant limb tear out
on NW side of tree,
active failure of scaffold
limb with included
union on South side,
Overall condition is
very poor health.
Sycamore 37" Healthy Retain N/A
Catalpa 44" Healthy Retain N/A
Total caliper inches/feet of trees required to be replaced on site TBD by the
Design Review
Board and City
Council
Total caliper inches proposed for mitigation 0'
Tree Replacement Calculations:
Page 4 of 18
K:1Planning Dept\Eagle Applications\Dr\20201DR-60-20 Monticello Estates Sub LS drf.docx
The applicant is proposing to remove four trees from the site. The arborist report, date stamped by the
City on September 3, 2020, states that the three Austrian Pine trees are in fair to poor condition and the
White Birch, although the central stem has decay and a cavity has formed at an old pruning cut, that
the overall condition of the tree is good. The applicant is not proposing mitigation for the removal of
the four trees.
The applicant also provided correspondence from Idaho Department of Fish and Game that states they
are not aware of priority or special -status animals or plants occurring within or near the site and the
Department would not anticipate adverse effects on fish and wildlife populations in the area.
See discussion on page 12 for more information.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Park Lane, West Floating Feather Road, Monticello
Avenue, and Monticello Court.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
O. TRASH ENCLOSURES: N/A
P. MECHANICAL UNITS: N/A
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the City prior to any signs being constructed on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within the Suez Water Service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON -SITE FEATURES:
R.
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes, located in proximity to the existing house
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Page 5 of 18
K:1Planning Dept\Eagle Applications\Dr120201DR-60-20 Monticello Estates Sub LS drf.docx
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.
Ada County Highway District
Eagle Fire Department
Eagle Park, Pathway, and Recreation
Y. LETTERS FROM THE PUBLIC: None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1 City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the 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;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
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 commercial center in the area;
g-
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and the adjacent buildings, and will not cover or detract from desirable architectural features.
Page 6 of 18
K:1Planning Dept\Eagle Applications\Dr\2020\DR-60-20 Monticello Estates Sub LS drfdocx
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:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel
or project. Base densities may be reduced or units may be clustered to increase open space within a
portion of a site when property is in this overlay. Neighborhood design will be paramount in this
overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
B. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
9. The decorative gate associated with the emergency access point to North Park Lane shall be
reviewed and approved by the Design Review Board and City Council prior to construction. The
decorative gate shall be installed prior to the City Clerk signing the final plat. The applicant shall
provide correspondence from the Eagle Fire Department approving the completion of the
decorative gate prior to issuance of any building permits.
13. If the City Council approves the reduction of the required street buffer widths, the applicant shall
be required to submit an alternative method of compliance application with a design review
application. The alternative method of compliance application and design review application shall
be reviewed and approved by the Design Review Board and City Council prior to submittal of a
final plat application.
14. All overhead utilities located within the subdivision shall be located underground.
15. 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 by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal 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.
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. The trees shall be located within an 8-foot wide landscape strip between the 5-
foot wide concrete sidewalk and the curb. 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,
Page 7 of 18
K:1Planning Dept\Eagle Apptications1Dr120201DR-60-20 Monticello Estates Sub LS drf.docx
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.
18. 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).
C. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowners association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All fencing shall be in conformance with Eagle City Code Section 9-3-10. All
other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house
(if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, garden boxes,
gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7)
street lights. The design review application shall be reviewed and approved by the Eagle Design
Review Board and City Council prior to the submittal of a final plat application.
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
Page 8 of 18
K:1Planning Dept\Eagle ApplicationssDr120201DR-60-20 Monticello Estates Sub LS drf.docx
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.
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.
Page 9 of 18
K:1Planning Dept\Eagle Applications1Dr12020\DR-60-20 Monticello Estates Sub LS drf docx
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
J. Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to
differing facilities, activities, or different intensities of use, such as townhouses and a
convenience store, or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by
six foot (6') high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6')
high landscaped buffer is required.
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated
with any commercial or industrial activity, and off street loading when adjacent to or in
view from a residential activity or public street right of way, a five foot (5') wide by six
foot (6') high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials
comprise a minimum of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three (3) years and
be maintained such that sixty percent (60%) or more of the vertical surface is closed
and prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for
screening.
4. Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi -family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area
open space owned and maintained by a homeowners' association. Any landscaping
proposed to be within the public right of way shall not be included as a part of the buffer
area required below. The height for berming/fencing, as noted below, shall be measured
from the elevation of the final grade of the adjacent roadway (measured at the centerline)
to the top of the proposed berming/fencing. The required buffer area width, plantings, and
fencing are as follows:
a. Any road designated as collector on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
Page 10 of 18
K:1Planning DeptlEagle Applications1Dr120201DR-60-20 Monticello Estates Sub LS drf.docx
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance.
If a decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided in combination with the berm, a four foot (4') wide
flat area shall be provided for the placement of the decorative wall. Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the master street map typologies map in
the Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way:
five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees,
and twenty four (24) shrubs. Each required shade tree may be substituted with two
(2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance.
If a decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided, in combination with the berm, a four foot (4') wide
flat area shall be provided for the placement of the decorative wall. Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more of
the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection 01 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
Page 11 of 18
K:1Planning DeptlEagle Applicatians1Dr120201DR-60.20 Monticello Estates Sub LS drfdocx
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s)
which warrants the need for the tree fund alternate method of compliance shall be specified in
the application submitted under subsection 02 of this section. If the application is approved,
the amount to be contributed by the applicant will be based upon the total caliper inches of
deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed
from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for
coniferous trees shall be determined by resolution of the city council. The applicant shall
have the right to review and consider the value determination, and following said review, to
reapply for other alternative methods of compliance, without prejudice, in accordance with
subsection 02 of this section.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Monticello Estates Subdivision, an 11-lot (9-buildable, 2-common) residential subdivision. The
common area consists of a buffer along West Floating Feather Lane, a buffer along North Park
Lane, and an open area with a pond, pathway, and gazebo. Staff defers comment regarding the
common area landscaping to the Design Review Board.
• The applicant is proposing to remove four trees (three Austrian Pine and one White Birch) from
the site. The arborist report, date stamped by the City on September 3, 2020, states the condition
of the three Austrian Pine trees are poor to fair and the condition of the White Birch tree is good.
Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are required to be retained on
site unless removal is approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-
7(C)(2)(a), where trees are approved by the City to be removed, replacement with a species
identified in section 8-2A-7(Q) of this article is required. The mitigation required for each caliper
inch of deciduous tree removed, an equivalent amount of caliper inches is required to be replanted
and for each vertical foot of coniferous tree removed, an equivalent amount of vertical feet is
required to be replanted. The applicant provided correspondence from Idaho Department of Fish
and Game that states given the property has been disturbed by past uses, the Department would
not anticipate adverse effects on fish and wildlife populations in the aera. Staff defers comment
regarding the removal of the three Austrian Pine trees and one White Birch tree to the Design
Review Board.
If the City approves the removal of the trees and determines mitigation is required for the removal
of the three Austrian Pine trees (145-feet total) and White Pine tree (12-caliper inches), the
applicant should be required to:
A. Provide a revised landscape plan showing an additional 145-feet and 12-caliper inches of trees
planted on the site. The revised landscape plan shall be reviewed and approved by staff and
two members of the Design Review Board prior to submittal of a final plat application.
-OR-
B. Provide a contribution to the tree fund for compensation for the removal of the trees in the
amount of $10,800.00 (145 x $60.00/foot = $8,700.00 + 12 x $175.00/caliper inch = $2,100.00)
pursuant to Resolution 18-34 prior to submittal of a final plat application.
-OR-
C. Any other combination of planting additional trees on -site and/or a contribution to the tree
fund as may be approved by the City. A revised landscape plan and/or contribution to the
tree fund shall be reviewed and approved and/or submitted to the City prior to submittal of a
final plat application or commencement of any construction/demolition on the site, whichever
occurs first.
• The northwest corner of the site has an existing single-family dwelling that the applicant is
retaining. Due to the location of the dwelling, the required landscape buffers along North Park
Page 12 of 18
K:1Planning Dept\Eagle Applications1Dr120201DR-60.20 Monticello Estates Sub LS drfdocx
Lane (35-feet wide) and West Floating Feather Road (50-feet) cannot be achieved. The applicant
has submitted an Alternative Method of Compliance request for reduced buffer widths. The
landscape buffer along North Park Lane is 35-feet wide south of the subdivision entrance and 26-
feet wide north of the subdivision entrance that is reduced to 20-feet at the emergency access
drive. The applicant is proposing to achieve the 5-foot high berm along North Park Lane with the
height achieved north of the subdivision entrance with a boulder wall on the back side of the
berm. The landscape buffer along West Floating Feather is 50-foot wide from the northeast
corner of the site to the existing dwelling where the buffer is reduced to 35-feet and the buffer
includes a 5-foot high berm. Both buffers located on North Park Lane and West Floating Feather
have the required number of plantings pursuant to Eagle City Code Section 8-2A-7(J)(4)(a-b).
Staff defers comment regarding the applicants request for an Alternative Method of Compliance
to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested design review application is approved,
staff recommends the following site specific conditions of approval and standard conditions of approval
provided in the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on October 8, 2020,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 1:12:40)
Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that:
• The Board determined the removal of four existing trees on the site should be granted, mitigation should
not be required for the three Austrian Pine trees that are noted within the arborist report to be in fair
and poor condition, and mitigation should be required for the White Birch tree that was noted within
the arborist report to be in good condition.
• The Board determined the alternative method of compliance request should be granted based on the
location of the existing house, and the landscape buffer complying with berm height and plantings
pursuant to Eagle City Code Section 8-2A-7(J)(4)(a-b).
BOARD DECISION:
The Board voted 6 to 0 (Koci absent) to recommend approval of DR-60-20 for a design review
application for the common area landscaping within Monticello Estates Subdivision for Nathan Cutler,
with the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board and text shown with strikethrough to
be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-01-20/RZ-01-20 & PP-01-20.
2. Tthe City approves the removal of the trees and determines mitigation is not required for the removal
of the three Austrian Pine trees (145-feet total) and mitigation is required for the removal of the White
Birch tree (12-caliper inches), the applicant should be required to:
Page 13 of 18
K:1Planning DeptlEagle Applications1Dr120201DR-60-20 Monticello Estates Sub LS drf.docx
A. Provide a revised landscape plan showing an additional 145 feet and 12-caliper inches of trees
planted on the site. The revised landscape plan shall be reviewed and approved by staff and two
members of the Design Review Board prior to submittal of a final plat application.
-OR-
B. Provide a contribution to the tree fund for compensation for the removal of the trees in the amount
of $2.100.0019,90 0.0 (115 x $69:00/foot — 12 x $175.00/caliper inch = $2,100)
pursuant to Resolution 18-34 prior to submittal of a final plat application.
-OR-
C. Any other combination of planting additional trees on -site and/or a contribution to the tree fund
as may be approved by the City. A revised landscape plan and/or contribution to the tree fund
shall be reviewed and approved and/or submitted to the City prior to submittal of a final plat
application or commencement of any construction/demolition on the site, whichever occurs first.
3. Provide a revised landscape plan showing the landscaping within the buffer area along West Floating
Feather to extend within 7-feet from the edge of pavement. The 7-feet between the landscaping and
edge of pavement (along the entire frontage) shall be improved with 3/4 minus gravel (or approved
equivalent) and graded in accordance with the requirements of ACHD. The gravel shoulder area shall
be maintained and kept free of weeds and debris in perpetuity. The revised landscape plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. 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.
b. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No signs are proposed with this application and none are approved.
9. Provide a revised landscape plan showing the gazebo to be located on a concrete pad. The revised
landscape plan shall be reviewed and approved bv staff and one member of the Design Review Board
prior to submittal of a final plat application.
10. Provide a revised landscape plan showing the pathway located within the common area to be paved
with concrete or asphalt. The revised landscape plan shall be reviewed and approved bv staff and one
member of the Design Review Board prior to submittal 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.
Page 14 of 18
K:\Planning DeptAEagle Applications1Dr12020\DR-60-20 Monticello Estates Sub LS drf.docx
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
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
Page 15 of 18
K:1Planning DeptlEagie Applications1Dr120201DR-60.20 Monticello Estates Sub LS drfdocx
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
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.
Page 16 of 18
K:1Planning Dept\Eagle Applications1Dr120201DR-60-20 Monticello Estates Sub LS drf.docx
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
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-60-20) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-3-DA (Residential with a development agreement) 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;
Page 17 of 18
K:1Planning Dcpt\Eaglc ApphcationsOr120201DR-60-20 Monticello Estates Sub LS drf.docx
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district — Not applicable for a landscape plan;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
3. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code Section 8-2A-7(0), "Alternative Methods of Compliance" and has concluded that the
proposed design review:
A. Is designed with reduced buffer widths on North Park Lane and West Floating Feather Road
directly around the existing house.
B. Is designed with the landscape buffer requirements for berm height and number of plantings
required within Eagle City Code Section 8-2A-7(J)(4)(a-b) and an alternative method of
compliance is granted.
DATED this 22nd day of October 2020.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Craig der, Chan
racy E. Osborn, Eagle City Clerk
Page 18 of 18
K:\Planning Dept\Eagle Applications\Dr\20201DR-60.20 Monticello Estates Sub LS drf door
1..1
'
A .'� •• •
•