Findings - CC - 2021 - DR-02-21 - Brush Creek Sub Ls BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN BRUSH CREEK )
SUBDIVISION FOR TYLER FRAZIER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-02-21
The above-entitled design review application came before the Eagle City Council for their action on March
23, 2021. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Tyler Frazier with Altitude Development is requesting design review approval of the common area
landscaping within Brush Creek Subdivision. The 10-acre site is located on the west side of North Park
Lane approximately 2,221-feet south of West Beacon Light Road at 2055 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 21, 2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 1, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 27, 2020, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition—Ada County Designation)to R-2-DA (Residential with a development agreement) and a
preliminary plat approval for Brush Creek Subdivision(A-06-20/RZ-09-20&PP-04-20).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood RUT(Rural-Urban Transition Single-family dwelling
Residential and —Ada County designation) with pasture
Residential Transition
Overlay
Proposed No Change R-2-DA(Residential with a Single-family Residential
development agreement) subdivision(Brush Creek)
North of site Neighborhood RUT(Rural-Urban Transition Single-family dwelling
Residential and —Ada County designation) with pasture
Residential Transition
Overlay
South of site Neighborhood R-2(Residential) Single-family residential
Residential and (Obsidian Subdivision)
Residential Transition
Overlay
East of site Neighborhood R-2-DA(Residential with a Single-family residential
Residential and development agreement) (Henry's Fork Subdivision
Residential Transition No. 3)
Overlay
West of site Neighborhood RUT(Rural-Urban Transition Single-family dwelling
Residential and —Ada County designation) with pasture
Residential Transition
Overlay
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: There is an existing single-family dwelling with a pasture that
are to be removed.
J. SITE DATA:
Total Acreage of Site— 10-acres
Total Number of Lots—20
Residential— 16
Commercial—0
Industrial—0
Common—4
Total Number of Units— 16
Single-family— 16
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the City on August 7, 2020, shows a 35-foot wide buffer area
common lot located along North Park Lane(collector).
Open Space:
A total of 85,258-square feet of open space is proposed (inclusive of the planter strips). The required
buffer areas located adjacent to North Park Lane will be contained within common lots. One of the
common lots is proposed to be a park/open space and will contain the community mailbox clusters.An
eight foot(8')wide pathway is proposed to be located within common Lot 7 of Block 1,that runs along
the north property line of Block 1 and will provide access between North Park Lane and North Bottle
Creek Place which is adjacent to the park/open space common lot located west of North Bottle Creek
Place.
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 August 7, 2020, identifies the easements to be in
conformance with Eagle City Code Section 9-3-6.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department.
On-site Septic System:
The existing dwelling is currently served by a septic system. The existing septic system will be
abandoned and the new development will be connected to the Eagle Sewer District central sewer
system.
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 July 8,2020(attached to the staff report),to address the City of Eagle Pressure
Irrigation Standards.
Preservation of Existing Natural Features:
There are approximately five (5)trees located on the northeast corner of the property in proximity to
the existing dwelling which will need to be retained or mitigated if removed. The applicant should be
required to provide an arborist analysis of the existing trees and provide an Existing Tree Inventory
Map (inclusive of species and size)with the submittal of a Design Review application. The applicant
should provide a narrative with the Existing Tree Inventory Map indicating which trees will be
incorporated into the design of the subdivision and which trees are proposed to be removed prior to
removal of the trees.
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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.
L. BUILDING DESIGN FEATURES:N/A
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are six existing trees on the site (four
maple trees, one aspen tree, and one pine tree). The applicant is proposing to retain one of the maple
trees that is 11-foot caliper. Below is a list of all existing trees proposed to be retained or removed
from the site as identified on the landscape plan,date stamped by the City on January 21,2021.
Tree Caliper/ Condition Remove/ Replacement
Specie Height Retained Inches/Feet per ECC
Aspen 2" Top of tree is dead. Remove 2"
Pine 20' Tree is damaged and poor structure because Remove 20'
it was growing of the existing single-family
dwelling.
Maple 3" Dead on 30%of the tree and damage Remove 3"
because of lack of water.
Maple 1 Y2" Tree is dead. Remove N/A
Silver 9' Tree is poor condition with 2/3 of the limps Remove N/A
Maple with no leaves.
Maple 11' Tree is in good condition. Needs pruning. 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 47"
Tree Replacement Calculations:
The applicant is proposing to remove five of the six trees from the site. The applicant is proposing to
plant 31 street trees that are 3-inch caliper which is equal to 15.5,2-inch caliper trees.Additionally,the
applicant is proposing eight additional trees within the landscape berm adjacent to North Park Lane.
With the additional caliper inches proposed with the street trees and the additional trees proposed within
the landscape berm, the applicant is mitigating 47-caliper inches of tree on this site. No mitigation is
required.
The applicant provided correspondence from the Idaho Department of Fish and Game (IDFG) that
states there are no specific survey records for the subject property or adjacent area, and does not have
any recorded observations of special status plants of wildlife within 1/2 mile of the project site. The
IDFG does provide recommendations for reducing the likelihood of nest destruction by providing
suggestions of when and how to remove the trees.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed in front of the residential lots and along North Park Lane.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
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Parking Lot Landscaping:N/A
N. TRASH ENCLOSURES:N/A
O. MECHANICAL UNITS: N/A
P. OUTDOOR LIGHTING:
A landscape plan was provided identifying the locations and style of streetlights throughout the
subdivision. A detailed cutsheet showing the wattage and illumination type for the streetlights will be
required to comply 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 to be
submitted,reviewed, and approved prior to any signs being constructed on this site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company service area and within the boundaries of the Eagle Sewer
District.
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, see landscape plan
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
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.
Ballentyne Ditch Company
Eagle Fire Department
Eagle Historic Preservation Commission
X. LETTERS FROM THE PUBLIC:None received to date.
Y. 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;
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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;
g. 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;
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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 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.
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B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
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.
3.8 Owner shall provide a detailed wildlife biologist(i.e.private contractor,Idaho Fish and Game,U.S.
Fish and Wildlife Service, or Bureau of Land Management)report and an existing tree inventory
map identifying all existing trees located onsite. The report shall identify, at a minimum, species,
sized, and health of the trees. The wildlife biologist(i.e. private contractor,Idaho Fish and Game,
U. S.Fish and Wildlife Service,or Bureau of Land Management)report and map shall be provided
with the submittal of a design review application.Owner shall provide a narrative indicating which
trees will be incorporated into the design of the subdivision and which trees will be removed prior
to removal of the trees. No trees shall be removed from the site prior to City approval of a tree
removal plan.
C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
10. 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.
11. 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
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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,
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. (ECC 8-2A-7[E] and
ECC 8-2A-18)
12. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
13. 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:
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.
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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.
• Eagle City Code Section 8-2A-7(E)(4):
The minimum acceptable size for deciduous trees shall be two inch(2")caliper, balled and
burlapped.
• Eagle City Code Section 8-2A-7(J)(4)(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 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(J)(6)(a):
For design flexibility,half of the required shade trees may be substituted on a two to one(2:1)
basis with ornamental and evergreen trees.
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• Eagle City Code Section 8-2A-7(M)(3):
Within residential developments one shade class(class II)tree selected from the approved tree list
in subsection Q of this section shall be located on both sides of all streets within the eight foot(8')
wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each
lot generally located on each side lot line corner with the distance between trees to be a minimum
of thirty five feet(35')and a maximum of eighty feet(80')of street frontage.
• Eagle City Code Section 8-4-4-2(a)(6):
Except as otherwise permitted within this title, incandescent lights,two hundred fifty(250)watt
maximum high pressure sodium lights, 3000K maximum LED lights(or approved equivalent)
shall be the only type of site and building lighting permitted.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Brush Creek Subdivision, a 20-lot(16-buildable,4-common)residential subdivision. The
common area consists of street trees,a common lot, a common lot with a pathway,and buffer
along North Park Lane.
• The applicant is proposing to remove five of the six trees(one Aspen, one Pine, and three Maple)
from the site. As noted on the landscape plan,the trees have poor structure, are partially dead, or
are dead. 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)(c), unless it is determined by the City that replacement is necessary to
preserve and/or restore riparian and wildlife habitat, removal of Silver Maple trees do not require
replacement. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a), 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 is proposing to plant 31 street trees that are 3-inch caliper which is
equal to 15.5, 2-inch caliper trees. Additionally, the applicant is proposing eight additional trees
within the landscape berm adjacent to North Park Lane. With the additional caliper inches proposed
with the street trees and the additional trees proposed within the landscape berm, the applicant is
mitigating 47-caliper inches of tree on this site. No additional mitigation is required. Staff defers
comment regarding the removal of the five trees to the Design Review Board.
• The applicant is proposing street trees between the curb and separated sidewalk with the exception
of where the storm drain facility is located on the south side of West Strant Drive, in front of Lots
5, and 6, Block 3. Pursuant to Eagle City Code Section 8-2A-7(M)(3), one shade class (class II)
tree selected from the approved tree list in subsection Q of this section shall be located on both
sides of all streets within the eight foot(8')wide landscape strip between the sidewalk and the curb.
Trees shall be planted at the front of each lot generally located on each side lot line corner with the
distance between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')
of street frontage. The applicant should be required to provide a revised landscape plan showing a
street tree to be planted between Lots 5 and 6, Block 3, on the backside of the separated sidewalk
along West Strant Drive. The revised landscape plan should be reviewed and approved by staff
prior to the approval of a final plat application.
• The applicant provided a picture of a shoebox streetlight indicating they will be 400-watt to be used
within the development. No other details were provided indicating the height, luminaires, etc.
Pursuant to Eagle City Code Section 8-4-4-2(A)(6), incandescent lights, two hundred fifty (250)
watt maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)
shall be the only type of site and building lighting permitted. The applicant should be required to
provide detailed light cutsheets showing the specific style, height, wattage, luminaires, etc. to be
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used for the streetlights within the development. The detailed light cutsheets should be reviewed
and approved by staff prior to the approval of a final plat application.
• Staff defers comment regarding common area landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE 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 within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on February 25,2021,
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 15:32)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board determined the proposed common area landscaping should be approved.
• The Board is in favor of the proposed tree mitigation as submitted by the applicant.
• The Board determined that the mailbox cluster needs to incorporate an architectural element to provide
shelter for residents and to be enhanced with architectural features to screen the supports and to be
architecturally compatible with the future residential dwelling units.
BOARD DECISION:
The Board voted 5 to 0(Grubb absent)to recommend approval of DR-02-21 for a design review application
for the common area landscaping within Brush Creek Subdivision for Tyler Frazier with Altitude
Development, with the following site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document,dated March 11,2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on March 23, 2021, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-02-21 for a design review application for the common area
landscaping within Brush Creek Subdivision for Tyler Frazier with Altitude Development,with the
following Design Review Board recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-06-20/RZ-09-20&PP-04-20.
2. Provide a revised landscape plan showing a street tree to be planted between Lots 5 and 6,Block 3,
on the backside of the separated sidewalk along West Strant Drive. The revised landscape plan shall
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be reviewed and approved by staff prior to the approval of a final plat application.
3. Provide detailed light cutsheets showing the specific style,height,wattage, luminaires, etc.to be used
for the streetlights within the development. The detailed light cutsheets shall be reviewed and approved
by staff prior to the approval of a final plat application.
4. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application and none are approved.
6. The removal of the five trees adjacent to North Park Lane is approved and no additional mitigation is
required based on the applicant increasing the minimum caliper of the street trees from 2-inches to 3-
inches.
7. Provide a revised plan showing the location of the irrigation pump station and a detailed landscape
plan showing how the pump will be screened from view. The revised plan and landscape plan shall
be reviewed and approved by staff and two members of the Design Review Board prior to the
approval of a final plat application.
8. Provide an enlarged landscape plan showing how the berm will taper around the existing tree and
how the berm will be landscaped around the existing tree adjacent to North Park Lane. The enlarged
landscape plan shall be reviewed and approved by staff and two members of the Design Review
Board prior to the approval of a final plat application.
9. Provide detailed plans showing an architectural element around the mailbox cluster to provide shelter
for residents getting their mail and to screen the support posts of the mailbox cluster. The detailed
plans shall be reviewed and approved by staff and two members of the Design Review Board prior to
the approval of a final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
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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
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.
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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.
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
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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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-02-21) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-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;
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;
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G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 23rd day of March 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Pierce,Mayor
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Tracy E. ri:.orn,Eagle City Clf�rk . .•
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