Findings - CC - 2021 - DR-18-21 - Stags Crossing Ls BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN STAGS CROSSING )
SUBDIVISION FOR URBAN SOLUTIONS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-18-21
The above-entitled design review application came before the Eagle City Council for their action on June
8, 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:
Urban Solutions,LLC,represented by Steve Hart, is requesting design review approval of the common
area landscaping within Stags Crossing Subdivision. The 68.4-acre site is located on the south side of
West Beacon Light Road approximately 1,970-feet west of North Lanewood Road at 6391 West
Beacon Light Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 1, 2021. Revised information
(landscape plans)was received May 5, 2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on April 12,2021,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 4, 2021, the City Council approved an annexation and rezone from RUT (Rutal-Urban
Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement —
PUD),conditional use permit,preliminary development plan,and a preliminary plat approvals for Stags
Crossing Subdivision(A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20).
E. COMPANION APPLICATIONS: DR-19-21 (sign application).
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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 - Vacant parcels
Residential(2 Ada County Designation)
units/acre see policy
6.6.1[A][2][b])
Proposed No Change R-2-DA-P(Residential with a Single-Family residential
development agreement-PUD) planned unit development
North of site Large Lot Residential, RUT(Rural-Urban Transition- Single-family residences
Residential Transition Ada County Designation), and agriculture
Overlay A-R-DA(Agricultural-Residential
with a development agreement)
South of site Neighborhood R-2-DA-P(Residential with a Single-family residential
Residential development agreement—PUD) subdivision(Tannenbaum
Subdivision No. 4)
East of site Neighborhood RUT(Rural-Urban Transition- Vacant parcels and single-
Residential Ada County Designation), family residential
R-2-DA-P(Residential with a subdivision(Brookway
development agreement—PUD) Subdivision No. 2)
West of site Neighborhood MU-DA(Mixed Use with a Vacant parcels
Residential development agreement),
R-2-DA(Residential with a
development agreement)
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 used for agriculture and is vacant.
J. SITE DATA:
Total Acreage of Site—68.4
Total Number of Lots— 135
Residential— 113
Commercial— 0
Industrial— 0
Common—22
Total Number of Units— 113
Single-family— 113
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a 50-foot wide landscaped buffer along West Beacon Light Road. The
proposed width is in conformance with Eagle-City Code Section 8-2A-7(J)(4).
Open Space:
A total of 16.91-acres of open space is proposed (inclusive of the planter strips). The required buffer
area located adjacent to West Beacon Light Road will be contained within common lots.The remaining
open space areas are inclusive of pathways throughout the development, a tot-lot area with benches, a
drainage ditch,and common lots located between the streets and side yards of lots located in proximity
to the streets.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—Yes
There are two(2)existing septic systems which served two(2)dwellings located on the property. The
septic systems will need to be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
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. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing one cluster mailbox structure.
Height and Number of Stories of Proposed Buildings:
The cluster mailbox structure is 8' 1 1/8"high.
Gross Floor Area of Proposed Buildings:N/A
On and Off-Site Circulation:N/A
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M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Metal(bronze)
Walls: Cedar siding(stained), stone(Eldorado Profiles—Teton)
Windows/Doors:N/A
Fascia/Trim: Wood corbels and trim(Sherwin Williams 7048—Urbane Bronze)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:There are existing trees located in the southwest
corner of the development along the Dry Creek Ditch that will be protected and retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the development.
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.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-19-21)has
been submitted for the approval of signs proposed 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 City of Eagle 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:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
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Unstable Soils-unknown
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
Eagle Sewer District
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;
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.
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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.
6.6.1 Village Planning Area
A. The land use and development policies specific to the Village Planning Area include residential,
commercial, retail, civic, research and development park, corporate and/or educational campus,
hospitality, and office uses. Non-residential uses will be focused in the Village Center.
2. Residential Uses should be developed as follows:
b. Densities should decrease as distance increases from the village center. The overall
densities in the Village Planning Area and in the Neighborhood Residential designation,
south of Beacon Light Road, should average 1-2 units per acre. Residential area north of
Beacon Light is Large Lot Residential with a Residential Transition Overlay,transitioning
(feathering and clustering) to the north and east ensuring compatibility with existing
residential and foothills development.
B. DEVELOPMENT AGREEMENT PROVISIONS 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 ant 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 other fencing (i.e. dog-eared cedar fencing, vinyl, 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.
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3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating 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.
3.7 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,
playground equipment,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 prior to the submittal of a final plat application.
3.9 Owner shall comply with all pathway requirements as provided within the PPRC recommendation
memorandum dated,January 26,2021,however,all micro pathways shall be a minimum of eight
feet (8') wide. All pathways shall be constructed prior to the City Clerk signing the first final
plat.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
5. 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, 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.
6. 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).
7. Provide a revised "Proposed Exterior Fencing Stags Crossing Subdivision" exhibit showing open
style fencing located adjacent to the common area open spaces and on the street side of all corner
lots and between the Dry Creek Canal and the adjacent pathway prior to execution of the
development agreement associated with the rezone(RZ-04-20).
13. 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.
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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.
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.
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• Eagle City Code Section 8-2A-7(J)(4)(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(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.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within Stags
Crossing Subdivision,a 135-lot(113-buildable,22-common)residential subdivision. The common
area consists of a buffer along West Beacon Light Road, street trees throughout the development,
common area open space,pathways,and a tot lot play area. There are numerous trees located along
the southwestern property line along Dry Creek Ditch that are to be retained and protected. Staff
defers comment regarding the common area landscaping to the Design Review Board.
• Sheet L 1.0 of the landscape plan shows a cross section of the berm along West Beacon Light Road
to be a 35-foot wide buffer; however, Sheet L1.1 shows the berm to be 50-feet wide. Pursuant to
Eagle City Code Section 8-2A-7(J)(4)(b), a minimum of 50-foot wide buffer area (not including
right of way) shall be provided. The applicant should be required to provide a revised landscape
plan showing the cross section of the berm along West Beacon Light Road to be a minimum of 50-
foot wide. The revised landscape plan should be reviewed and approved by staff prior to the
approval of a final plat application.
• The landscape plan shows 28 deciduous trees,44 evergreen trees,24 flowering trees within the 50-
foot wide buffer along the 600-linear feet of frontage along West Beacon Light Road. Pursuant to
Eagle City Code Section 8-2A-7(J)(4)(b), 5 shade trees, 8 evergreen trees, 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. Eagle City Code Section 8-2A-7(J)(6)(a), allows for design flexibility, by allowing
half of the required shade trees to be substituted on a 2:1 basis with ornamental and evergreen trees.
The landscape buffer is 2 deciduous trees and 4 evergreen trees short of what is required pursuant
to Eagle City Code. However,there are 6 additional flowering trees being proposed in this buffer
area which mitigates for two of the deciduous trees and one of the evergreen trees leaving three
evergreen trees that need to be shown on the plan in order to meet the minimum required plantings
within the buffer along West Beacon Light Road. The applicant should be required to provide a
revised landscape plan showing three additional evergreen trees within the buffer area along West
Beacon Light Road. The revised landscape plan should be reviewed and approved by staff and one
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member of the Design Review Board prior to the approval of a final plat application.
• The landscape plan shows a 22-foot wide gravel shoulder adjacent to the edge of pavement along
West Beacon Light Road. Pursuant to past action by the Design Review Board and the City
Council, the applicant should be required to landscape to within 9-feet of the edge of pavement
adjacent to West Beacon Light Road. The applicant should be required to provide a revised
landscape plan showing the landscape buffer along West Beacon Light Road to extend to within
nine feet (9') of the edge of pavement along the entire frontage of this site and should provide
gravel within the nine feet (9') as approved by ACHD. The revised landscape plan should be
reviewed and approved by staff prior to the approval of a final plat application. The gravel shoulder
area should be maintained and kept free of weeds and debris.
• The landscape plan shows the north/south pathway within the common area to be 8-feet wide
(scalable);however,the note on the landscape plans states the pathway to be 6-feet wide concrete.
The applicant should be required to provide a revised landscape plan showing the north/south
pathway to be an 8-foot wide concrete pathway. The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to the approval of a final
plat application.
• The landscape plan does not show any details of how the required pathways within the development
are to be constructed. The applicant should provide a revised landscape plan showing details
showing how the concrete pathways are to be constructed pursuant to the "Concrete Pathway
Construction Specification" details provided with the Parks, Pathways, and Recreation
Commission' recommendation dated January 26, 2021, and supplemental memo dated May 5,
2021.The revised landscape plan and details should be reviewed and approved by staff prior to the
approval of a final plat application.
• The landscape plan does not show accessible ramps at the intersections north of the Dry Creek
Ditch providing connection from the separated sidewalk to the edge of curb. The applicant should
be required to provide a revised landscape plan showing accessible ramps at all intersections within
the development. The revised landscape plan should be reviewed and approved by staff prior to
the approval of a final plat application.
• Site specific condition number 7 of the approved preliminary plat required a revised fencing plan
showing open style fencing located adjacent to the common area open spaces and on the street side
of all corner lots and between the Dry Creek Canal and the adjacent pathway prior to the execution
of the development agreement associated with the rezone (RZ-04-20). The applicant should be
required to provide a revised"Proposed Exterior Fencing for Stags Crossing Subdivision"showing
open style fencing located adjacent to the common area open spaces,on the street side of all corner
lots,and between the Dry Creek Canal and the adjacent pathway. The applicant should be required
to provide a revised landscape plan showing the notes of the style of fence to match the revised
"Proposed Exterior Fencing for Stags Crossing Subdivision". The revised "Proposed Exterior
Fencing for Stags Crossing Subdivision" and the revised landscape plan should be reviewed and
approved by staff prior to the approval of a final plat application
• The applicant is proposing a cluster mailbox structure that architecturally compliments the
subdivision entry monument sign; however, the location of the cluster mailbox has not been
identified on the landscape plan. The applicant should be required to provide a revised landscape
plan showing the location of the cluster mailbox structure(s)and associated landscaping around the
base of the structures. The revised landscape plan should be reviewed and approved by staff and
one member of the Design Review Board prior to the approval of a final plat application.
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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 May 13, 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 57:33)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the common area landscaping as proposed with the additional conditions noted
herein.
BOARD DECISION:
The Board voted 5 to 0(Mihan recused;Duperault absent)to recommend approval of DR-18-21 for a
design review application for the common area landscaping within Stags Crossing Subdivision for Urban
Solutions,LLC,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 May 27, 2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 8,2021, 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-18-21 for a design review application for the common area
landscaping within Stags Crossing Subdivision for Urban Solutions,LLC,with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval with
text shown with underline to be added by the Council and text shown with strikethrough to be deleted by
the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20.
2. Comply with all applicable conditions of the Parks, Pathways and Recreation Commission pathway
recommendation dated May 5, 2021. Revised landscape plans showing the proposed fencing along
Dry Creek Ditch to be a three few(3'41)high open style fence shall be reviewed and approved by staff
prior to the approval of a fmal plat application.
3. Provide a revised landscape plan showing the cross section of the berm along West Beacon Light Road
to be a minimum of 50-foot wide. The revised landscape plan shall be reviewed and approved by staff
prior to the approval of a final plat application.
4. Provide a revised landscape plan showing three additional evergreen trees within the buffer area along
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West Beacon Light Road. The revised landscape plan should be reviewed and approved by staff and
one member of the Design Review Board prior to the approval of a final plat application.
5. Provide a revised landscape plan showing the landscape buffer along West Beacon Light Road to
extend to within nine feet(9') of the edge of pavement along the entire frontage of this site and shall
provide gravel within the nine feet (9') as approved by ACHD. The revised landscape plan shall be
reviewed and approved by staff prior to the approval of a final plat application. The gravel shoulder
area shall be maintained and kept free of weeds and debris.
6. Provide a revised landscape plan showing the north/south pathway to be an 8-foot wide concrete
pathway. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the approval of a fmal plat application.
7. Provide a revised landscape plan showing details showing how the concrete pathways are to be
constructed pursuant to the "Concrete Pathway Construction Specification" details provided with the
Parks, Pathways, and Recreation Commission' recommendation dated January 26, 2021, and
supplemental memo dated May 5, 2021. The revised landscape plan and details shall be reviewed and
approved by staff prior to the approval of a final plat application.
8. Provide a revised landscape plan showing accessible ramps at all intersections within the development.
The revised landscape plan shall be reviewed and approved by staff prior to the approval of a final plat
application.
9. Provide a revised "Proposed Exterior Fencing for Stags Crossing Subdivision" showing open style
fencing located adjacent to the common area open spaces, on the street side of all corner lots, and
between the Dry Creek Canal and the adjacent pathway. The applicant shall be required to provide a
revised landscape plan showing the notes of the style of fence to match the revised"Proposed Exterior
Fencing for Stags Crossing Subdivision". The revised"Proposed Exterior Fencing for Stags Crossing
Subdivision" and the revised landscape plan shall be reviewed and approved by staff prior to the
approval of a final plat application.
10. Provide a revised landscape plan showing the location of the cluster mailbox structure(s)and associated
landscaping around the base of the structures. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the approval of a final plat
application.
11. All overhead powerlines,cable,and telephone service systems shall be installed underground.
12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
13. 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.
14. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
15. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
16. No signs are proposed with this application and none are approved.
17. Provide detailed elevation plans showing the elevations and color of the pump station structure. A
revised landscape plan showing the location of the pump station and how the structure will be screened
from view with landscaping shall be submitted. The detailed elevations and revised landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
approval of a final plat application.
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18. Provide material samples and colors of the proposed cluster mailbox structure. The materials and colors
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
approval of a final plat application.
19. Provide detailed plans showing the specific colors of the playground equipment and the fall zone
material. The detailed plans shall be reviewed and approved by staff and one member of the Design
Review Board prior to the approval of a final plat application.
20. Provide a revised landscape plan showing pathway connectivity with accessible ramps to the edge of
the road(if Ada County Highway District permits said connections). The revised landscape plan shall
be reviewed and approved by staff and one member of the Design Review Board prior to the approval
of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources 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.
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8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to submit
a Zoning Permit application to the City and 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 changes 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).
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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-18-21) 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-P(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;
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. A separate design review application(DR-19-21)has
been submitted for two subdivision entry monument signs and the signs will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 8th day of June 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
ason fierce,Mayor ' ••••..•,
••.••••••• Y...Op
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ci,V7 Tracy E. Osborn,Eagle City Clerk "•,"� ,;"iED •.
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