Findings - CC - 2021 - DR-15-21 - Mosscreek Sub Ls BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action on
October 12,2021. 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 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 1 of 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccfdocx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION 1 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 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccfdocx
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 3 of 17
K.\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccf.docx
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 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccf dock
Council,whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with
adjacent uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City,and where possible,enhance the continuity of thematically common architectural
features;
e. Will have facades,features,and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety,and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
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 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccf.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 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-I5-21 Mosscreek Sub LS ccf 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 17
K:\Planning Dept\Eagle Applications\Dr12021ODR-15-21 Mosscreek Sub LS ccf.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 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosacreek Sub LS ccfdocx
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 L1.11 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 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccf.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
•
•
y � �
' 1
vim.^Tt.... i y: I�'IIII�IIIIII�II'II III � „4„.,
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 17
K:\Planning Dept(Eagle Applications\D4\2021\DR-15-2I Mosscreek Sub LS ccfdocx
• 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 Moss Creek 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 September 23,2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 12,2021,at which
time the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-15-21 for a design review application for the common area
landscaping within Mosscreek Subdivision for Urban Solutions, LLC,with the following Design Review
Board recommended site specific conditions of approval and standard conditions of approval.
Page 11 of 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccf docx
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 fmal plat application.
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 5-
foot tall. The revised landscape plan shall be reviewed and approved by staff prior to approval of the
final plat application.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. 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.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No ground mounted mechanical units are proposed with this application and none are approved.
12. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application and none are approved.
14. 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.
15. 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.
16. 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.
Page 12 of 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccfdocx
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.
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.
Page 13 of 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-2I Mosscreek Sub LS ccfdocx
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.
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.
Page 14 of 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccfdocx
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 fmal 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.
Page 15 of 17
K:\Planning Dept\Eagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccfdocx
CONCLUSIONS OF LAW:
1. The Council 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 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-5-DA-P (Residential with a development agreement - PUD) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
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.
Page 16 of 17
K:\Planning DepdE.agle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccf docx
DATED this 12th day of October 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Pierce,Mayor
ATTEST: ,,,,,,,,,,,,,,''•
C7 °ILA 7.4.%
Tracy E. Osb/ , agle City Clerk U: 8," •i
S �;4Q'.
.,'••,,IS TA'I'M,O'.••'••
Page 17 of 17
K:\Planning DeptEagle Applications\Dr\2021\DR-15-21 Mosscreek Sub LS ccf.docx