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Findings - DR - 2021 - DR-15-21 - Mosscreek - Mosscreek Sub Ls BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN MOSSCREEK ) SUBDIVISION FOR URBAN SOLUTIONS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-15-21 The above-entitled design review application came before the Eagle Design Review Board for their action on September 9,2021. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Urban Solutions,LLC,represented by Steve Hart, is requesting design review approval of the common area landscaping within Mosscreek Subdivision. The 21.6-acre site, consisting of three parcels, is located at the terminus of West Escalante Drive, south terminus of North Tempsford Way, and 5806 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 26, 2021. Revised information (applications, landscape plan,mailbox structure elevations)were received August 9,2021. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on April 6,2021, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 12, 2021, the City Council approved an annexation, rezone from RUT (Rural-Urban Transition — Ada County Designation) to R-5-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat for Mosscreek Subdivision(A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20). On July 27, 2021,the City Council approved a preliminary plat modification to address access from a collector street and common area buffer lots(PP-03-20 MOD). E. COMPANION APPLICATIONS: DR-16-21 (monument sign) Page 1of16 K.\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact Residential, R-5-DA-P(Residential with a Single-family residential Transition Overlay, and development agreement— planned unit development Scenic Corridor PUD) Proposed No Change No Change No Change North of site Compact Residential R-4-DA-P(Residential with a Single-family residential development agreement— subdivisions(Eaglefield PUD) Estates Subdivision No. 1 and The Preserve Subdivision No. 3) South of site Compact Residential RUT(Rural-Urban Transition Single-family residence —Ada County designation) and agriculture East of site Compact Residential MU-DA(Mixed Use with a development agreement [in Single-family residential lieu of a PUD]) subdivision(Eaglefield Village Subdivision) West of site Neighborhood RUT(Rural-Urban Transition Single-family residence Residential —Ada County designation) and agriculture G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA,or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site is undeveloped. J. SITE DATA: Total Acreage of Site—21.6-acres Total Number of Lots—64 Residential—56 Commercial—0 Industrial—0 Common—8 Total Number of Units—56 Single-family—56 Townhouse—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 K. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is not proposing a landscape buffer along West Escalante Drive which will function as a residential collector. Open Space: The open space consists of eight(8)common lots.The larger common lots(Lot 1,Block 1,Lot 1,Block 4, and Lot 1, Block 6) contain drainage infrastructure and the Middleton Mill Irrigation Lateral. A Page 2 of 16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drf.docx portion of Lot 1, Block 4, is proposed with a pathway which will be located on the north side of West Escalante Drive. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except that lesser easement widths,to coincide with respective setbacks,may be considered as part of the planned unit development. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—Yes The home which has been removed was served by a septic system. Preservation of Existing Natural Features: The applicant will be required to retain the existing trees on site or mitigate for removal of the trees. 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: Pergola(10' 5"tall) Roof: Wood beams(Rust-Oleum 'Dark Walnut' stain) Columns: Wood beams(Rust-Oleum 'Dark Walnut' stain) Mailbox Structure(9' 7 '/2"tall): Roof: Standing Seam Metal(bronze) Walls: Stucco(Intellectual Gray—SW7045), Stone veneer(El Dorado Stone Fieldledge) Windows/Doors: Aluminum (medium blue and white) Fascia/Trim: Corbel(Urbane Bronze—SW7048),Fascia(Urbane Bronze—SW7048) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations:N/A 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 West Escalante Drive, West Quarterline Drive, and North Stonehart Avenue. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:N/A Page 3of16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drfdocx N. TRASH ENCLOSURES:N/A O. MECHANICAL UNITS: N/A P. OUTDOOR LIGHTING: A site plan and detailed cut sheet showing the location,height,wattage,etc.was received and complies with Eagle City Code Section 8-4-4-2. Q. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-16-21)has been submitted for the approval of signs proposed on the site. R. 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. 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—located along the irrigation canal and the residential dwelling which was removed (5806 West State Street) Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Ada County Highway District Eagle Fire Department Eagle Park,Pathway,and Recreation 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; 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 Page 4 of 16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drf.docx 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 DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Compact Suitable for single family residential, row houses, duplex, and four-plexes. Densities range from 4 units per acre to 8 units per acre. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. 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 Page 5 of 16 K.\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS dB.docx 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. CHAPTER 6: LAND USE 6.5.1 Park Lane Uses: G. The area located northwest of Linder Road and State Street intersection is designated as compact residential to provide for apartments, town homes and patio homes, and transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal circulation is essential to the development of this area; a frontage road (Escalante Drive) should be extended from Linder Road west to the intersection of Moon Valley Road and State Highway 44. Uses should focus on Escalante Drive(not State Street)with berming and wide setbacks to be used to buffer the residential uses from State Highway 44. Escalante Drive should not be allowed to have front on housing. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (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. 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, 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 identified in Exhibit F.All pathways shall be constructed prior to the City Clerk signing the first final plat. Owner shall provide a non- exclusive easement along the irrigation canal within the area shown in red on Exhibit F. C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6. The required setbacks shall be as follows: Front 20-feet(living area) 25-feet(side-entry garage) 31-feet(front-load garage) Rear 15-feet Interior Side 5-feet(first story) 5-feet(each additional story) Maximum Lot Coverage 50% Page 6 of 16 K:\Planning Dept\Eagle Applications\Dr\2021 CDR-15-2I Mosscreek Sub LS drf.docx 11. The applicant shall submit an Alternative Method of Compliance application with the Design Review application to address the proposed landscaping within the 10-foot wide common lot located north of West Escalante Drive.The landscape plan shall show additional landscaping within the 10-foot wide common lot to provide a buffer between West Escalante Drive and the residents located north of Mosscreek Subdivision. The Alternative Method of Compliance and Design Review applications shall be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. 13. 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 withi 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. 15. 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 Eagle City Code Section 8-2A-7(J)and Section 9-3-10. 16. Provide a revised fencing exhibit showing the fencing within the development in conformance with Eagle City Code Section 9-3-10. The fencing exhibit shall be provided prior to execution of the development agreement associated with RZ-06-20. 17. Provide a revised preliminary development plan/preliminary plat identifying recreational amenities located within the areas of common lots not encumbered by the easement associated with the Middleton Mill Irrigation Lateral. The recreational amenities, may include but not be limited to, buildings or structures for recreational activities including picnic areas, community gardens, courses or courts, children's play areas or dog play area. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a design review application. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or 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. Page 7 of 16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drf.docx • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways,to protect residential communities from noisy,potentially dangerous,high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway.This buffer is required as part of the common area open space owned and maintained by a homeowners'association.Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing,as noted below, shall be measured from the elevation of the final grade of the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as collector on the master street map typologies map in the Eagle comprehensive plan: A minimum of thirty five feet(35')wide buffer area(not including right of way) shall be provided with the following plants per one hundred(100) linear feet of right of way: four (4)shade trees, five(5)evergreen trees, and twenty four(24) shrubs.Each 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(M): Parkway Strips, Separated Sidewalks,and Street Trees: 3. Within residential developments one shade class(class II)tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot(8')wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street frontage. • Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions,a strict interpretation of requirements may be either physically impossible or impractical.Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil,vegetation,or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site,the required buffer yard is larger than can be provided; and Page 8 of 16 K:'Planning Dept\Eagle Applications\Dr\2021\DR-15-2I Mosscreek Sub LS drf.docx d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified,what project conditions stated within subsection 01 of this section justify using the proposed alternative,and how the proposed alternative equals or exceeds said requirement. 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review,to reapply for other alternative methods of compliance,without prejudice, in accordance with subsection 02 of this section. E. DISCUSSION: • The applicant is requesting design review approval for the common area landscaping within Mosscreek Subdivision, a 64-lot(56-buildable, 8-common)residential planned unit development. The common areas consist of street trees, buffer areas adjacent to West Escalante Drive, West Quarterline Drive,North Stonehart Avenue,pergola, internal pathways, and a pathway adjacent to Middleton Mill Ditch. Staff defers comment regarding the common area landscaping to the Design Review Board. • Sheet L 1.11 shows a parkway strip south of Lot 22 along West Passier Street with no trees proposed. Pursuant to Eagle City Code Section 8-2A-7(M)(3), street trees are required within the 8-foot wide landscape strip and are required to be a minimum of 35-feet to a maximum of 80-feet apart.The applicant should be required to provide a revised landscape plan showing two street trees in the parkway strip south of Lot 22. The revised landscape plan should be reviewed and approved by staff prior to approval of the final plat application. • The landscape plan shows a detached sidewalk and sod with street trees located on the north side of West Escalante Drive. Pursuant to preliminary plat site specific condition of approval no. 11, a 10-foot wide common lot is approved and is required to be planted with additional landscaping to provide a buffer between West Escalante Drive and the residents located to the north of Mosscreek Subdivision. The applicant should be required to provide a revised landscape plan showing the addition of shrubs,evergreen plant material,etc.to comply with site specific condition no. 11.The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. Page 9 of 16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS dr£docx • The Ada County Highway District Master Street Map identifies West Escalante Drive as a collector and West Quarterline Drive and North Stonehart Way are designed as an extension of West Escalante;therefore,they will function as a collector. Location of the Collector Road • — , WET• L� fi_ .`_ _ /s// oY sT••o #• 1 _ _�L er f O a *Ma �J• �ail 6i0 "Iii0n01 Ao wJx'"tS a ;o % ' { y; • ✓" .ems.__,� is t ® '`- '-00o 0 0 °l — wituautui a m t -_ Pursuant to Eagle City Code Section 8-2A-7(J)(4), the required landscape buffer for a collector road is a 35-foot wide buffer, 5 to 8-foot tall berm, and 4-shade trees, 5-evergreen trees, and 24- shrubs per 100-linear feet of right of way.This would require the landscape along the collector road to have 72-shade trees, 91-evergreen trees, and 435-shrubs. The landscape plan shows a 10-foot wide landscape buffer on the north side of West Escalante Drive, a 26-foot wide landscape buffer on the south side of West Escalante, and an 18-foot to 20- foot wide (20-foot to 24-foot from back of curb) landscape buffer on the north side of West Quarterline Drive and west side of North Stonehart Avenue planted with the 78-shade trees, 14- flowering trees, 9-evergreen trees,and 321-shrubs. Pursuant to preliminary plat site specific condition of approval no. 11,the applicant has submitted an alternative method of compliance request for the proposed landscaping located within the reduced buffer areas be approved as proposed. Staff defers comment regarding the alternative method of compliance request to the Design Review Board. • The 10-foot wide pathway along the north side of the Middleton Mill Ditch is shown on the landscape plan to be constructed as a gravel pathway. The Middleton Mill Ditch Company has authorized a pathway that is to be constructed as a natural surface pathway (City Standard). The applicant should be required to provide a revised landscape plan showing the pathway on the north side of the Middleton Mill Ditch to be constructed to the City Standard for Natural Surface Pathways. The revised landscape plan should be reviewed and approved by staff prior to approval of the final plat application. • The landscape plan shows a 10-foot wide gravel pathway adjacent to the Middleton Mill Canal located on the site and on the parcel to the south. The applicant should be required to provide a copy of the agreement with the property owner to the south allowing the developer of Mosscreek Subdivision to install a portion of the 10-foot wide gravel pathway on their property.A copy of the agreement should be submitted prior to approval of the final plat application. • The landscape plan shows open style fencing throughout the development that is proposed to be 5- foot tall;however,the fencing detail shows the wrought iron fencing to be 6-feet tall.The applicant should be required to provide a revised landscape plan identify the fencing on the landscape plan and the fencing detail at either 5 or 6-foot tall. The revised landscape plan should be reviewed and approved by staff prior to approval of the final plat application. Page 10 of 16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS dr£docx • The landscape plan shows a 10-foot wide pathway adjacent to Middleton Mill Ditch that is to be constructed as a gravel pathway. The City is working with Middleton Mill Ditch Company regarding pathways adjacent to the ditch and they are requiring a natural surface pathway (City Standard). The applicant should be required to provide a revised landscape plan showing the 10- foot wide pathway adjacent to the Middleton Mill Ditch to be constructed as a natural surface pathway built to City of Eagle Natural Surface Pathway Standards. The revised landscape plan should be reviewed and approved by staff prior to approval of the final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the 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 September 9,2021, at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 1:13:53) Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board recommends approval of the proposed common area landscaping including the alternative method of compliance request for the reduced buffer areas adjacent to West Escalante Drive, West Quarterline Drive, and North Stonehart Avenue. • The Board requested additional information regarding the irrigation pump enclosure detail and location. • The Boarded requested a cross section of the area where the ditch will be relocated through the common area. BOARD DECISION: The Board voted 5 to 0(Grubb and Mihan absent)to recommend approval of DR-15-21 for a design review application for the common area landscaping within Mosscreek Subdivision for Urban Solutions, LLC,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of PPUD-02-20,PP-03-20,and PP-03-20 MOD. 2. Provide a revised landscape plan showing two street trees in the parkway strip south of Lot 22. The revised landscape plan shall be reviewed and approved by staff prior to approval of the final plat application. 3. Provide a revised landscape plan showing the additional of shrubs, evergreen plant material, etc. to comply with site specific condition no. 11. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. 4. Provide a revised landscape plan showing the pathway on the north side of the Middleton Mill Ditch to be constructed to the City Standard for Natural Surface Pathways. The revised landscape plan shall be reviewed and approved by staff prior to approval of the final plat application. Page 11 of 16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drf.docx 5. Provide a copy of the agreement with the property owner to the south allowing the developer of Mosscreek Subdivision to install a portion of the 10-foot wide gravel pathway on their property.A copy of the agreement shall be submitted prior to approval of the final plat application. 6. Provide a revised landscape plan identify the fencing on the landscape plan and the fencing detail at either 5-er-6-foot tall. The revised landscape plan shall be reviewed and approved by staff prior to approval of the final plat application. ea landscape plan shall he r e,7 and , ed by staff p to a al f the f„al plat 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. 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. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 12. No ground mounted mechanical units are proposed with this application and none are approved. 13. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. 14. No signs are proposed with this application and none are approved. 15. Provide a cross section of the ditch that is being relocated through the common area(Lot 1, Block 6), and the location of the pathway in relation to the ditch.Provide approval from the Middleton Mill Ditch Company of the cross section.The cross section and approval from the Middleton Mill Ditch Company shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. 16. Provide a revised landscape plan showing the location of the irrigation pump enclosure, screening of the enclosure, and detail of the enclosure. The revised landscape plan and detail of the enclosure shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. 17. Provide a revised landscape plan showing the red fescue(located along the west side of Escalante Drive between the sidewalk and the fence) replaced with a planter bed with shrubs. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to approval of the final plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system,curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. Page 12 of 16 K:\Planning Dept Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drf.docx 3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association,or other irrigation entity, shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association,or other irrigation entity associated with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of Page 13 of 16 K.\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS drf.docx installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the fmal plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. Page 14 of 16 K:\Planning Dept\Eagle Applications\D62021\DR-15-21 Mosscreek Sub LS drf docx 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping,parking, and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. 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). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-15-21) 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 Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and subdivision landscaping is permitted with the approval of a design review application within the R-5-DA-P (Residential with a development agreement - PUD) zoning district; Page 15 of 16 K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-2I Mosscreek Sub LS drf.docx 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-16-21)has been submitted for the subdivision entry monument sign and 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 September 2021. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Cou ty, o R bert Grubb, Chairman AT ST: .• E ,4,�PGL .,. Q • Tracy E. orn,Eagle City C I1� U /f y S Z .,,,,,,ISTA,, O`, Page 16 of 16 K:\Planning DepdEagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS dd.docx i 1r T `i • • 4n i a A a a * •i .t '.irr 44{.