Findings - CC - 2022 - DR-56-21 - Aventier Subdivision Common Area Landscaping BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN AVENTIER )
SUBDIVISION FOR ADAM ANDERSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-56-21
The above-entitled design review application came before the Eagle City Council for their action on March
22, 2022. 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:
Adam Anderson, represented by Rodney Evans with Rodney Evans & Partners, PPLC, is requesting
design review approval of the common area landscaping within Aventier Subdivision (aka Eventyr
Subdivision). The 8.11-acre site is located south of West Moon Valley Road, approximately 1,000-
feet south of the intersection of West Moon Valley Road and State Highway 44.
B. APPLICATION SUBMITTAL: •
The City of Eagle received the application for this item on December 2, 2021. Supplemental
information(revised landscape plan and tree mitigation)was received on February 14,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 14, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2022, the City Council approved an annexation, rezone with development agreement,
and preliminary plat applications for Eventyr Subdivision(A-09-21/RZ-11-21 &PP-13-21).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION / DESIGNATION
Existing Neighborhood RUT(Rural-Urban Transition Undeveloped
Residential with —Ada County designation)
Residential Transition
and Regional Open-
space Overlay
Proposed No change R-2-DA(Residential with a Single family residential
development agreement) subdivision(Aventier)
North of site Neighborhood R-3-DA(Residential with a Single family residential
Residential and Regional development agreement) subdivision(Bald Eagle
Open-space Overlay Point Subdivision)
South of site Estate Residential RUT(Rural-Urban Transition Single Family Residential
—Ada County designation) Subdivision(Moon Lake
Ranch)
East of site Floodway and Regional RUT(Rural-Urban Transition Boise River Floodway
Open-space Overlay —Ada County designation)
West of site Estate Residential RUT(Rural-Urban Transition Single Family Residential
—Ada County designation) Subdivision(Moon Lake
Ranch)
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 and has numerous trees throughout
the site.
J. SITE DATA:
Total Acreage of Site—8.11 acres
Total Number of Lots— 9 lots
Residential—7
Commercial—0
Industrial—0
Common—2
Total Number of Units—
Single-family— 7
Duplex—0
Multi-family— 0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.14-units per acre 1.14-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 30,927-square feet 17,000-square feet in R-2 zone
Minimum Lot Width 166 feet 75 feet
Minimum Street Frontage 38.8 feet 35 feet
Total Acreage of Common Area 1.58 acres(does not include 1.46 acres(minimum)
common lot for private road)
Percent of Site as Common Area 19.5% 18%(minimum)
K. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The entire eastern boundary of the development is located adjacent to the North Channel of the Boise
River. There is an existing 25-foot-wide Idaho Department of Lands public access easement along the
eastern property frontage adjacent to the river channel. Due to no-rise restrictions in the floodway, no
additional materials may be used to improve this area.On September 16,2021,the City of Eagle Parks,
Pathways and Recreation Commission did not recommend requiring any additional public easements
or improvements within this development.
Open Space:
The preliminary plat, date stamped by the city on May 28, 2021, identifies 1.58-acres of open space
(not inclusive of the planter strips)within the development.The open space consists of one(1)common
lot, which is to include a 615-foot-long private pathway extending from the private road towards the
river as described by the applicant in an email dated October 18,2021 (attached).
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 graded so all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot
except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
The preliminary plat, date stamped by the city on September 17, 2021, notes a 12-foot wide public
utilities, irrigation,and lot drainage easement will be located adjacent to all front and rear lot lines and
centered over interior lot lines. The preliminary plat also notes a 30-foot-wide Little Pioneer Irrigation
Easement from top of bank located along the development's northern boundary.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on May 28, 2021, shows two (2) fire hydrants located
within the development. Hydrants are to be located and installed as required by the Eagle Fire District.
The subdivision will be served by the City of Eagle Municipal Water System. The proposed water
system plans will be reviewed and approved by the City of Eagle Water Department prior to
construction.
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On-site Septic System(yes or no)—No.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets)shall be preserved in the design of the subdivision.The applicant
has provided an environmental assessment plan, date stamped by the city on May 28, 2021, that was
prepared by Ecosystem Sciences. The plan evaluates present and future conditions as they relate to the
Boise River, plant and animal life, hydrology and the floodplain, and other areas of critical concern.
The environmental assessment plan did not identify major concerns that may result from the project.
The riparian area located adjacent to the Boise River will be preserved
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. STREET DESIGN:
Public Streets:None proposed.
Private Streets:
The applicant proposes to take access from an existing easement within the Bald Eagle Point
Subdivision development, which will be developed and connect to a private road within the Eventyr
Subdivision. The right-of-way proposed is 27 ft. in width(see depiction on next page). The proposed
sidewalk meanders, attaching to back of curb in areas and away from the street to include a landscape
buffer in other areas.
The applicant is requesting a waiver of Eagle City Code Section 9-4-1-6(F)(3),which requires detached
sidewalks with a minimum-8-foot-wide landscape strip. However, per Eagle City Code Section 9-3-2-
5(E), the council may waive or modify any of the standards or requirements of this section when the
private streets have been determined to be an integral element of the overall plan and scheme of the
development or will serve to enhance the overall development.
R D.W.WIDTH O
125 TRACE-LANE 12.5'TRAVEL LAZE--{ 111
11 11' 112'
_ 2.OX
VERTEAL CURS AND GUTTER
PER ACHO SD.102
MEANDERING S'K7EWALx PER ACHO
SCLAYA
NOTES:
I. RK3 I.QF.WAY LANE LOCATED 0.5 OFF BACK OF CURS FOR INSTALLATION OF PROPERTY CORNER M( UNENT&
2 NO PARKING'SKINS SHALL BE PULCES C)•1 BOTH SIDES OF THE STREET PER IPC 5032t.
PRIVATE RESIDENTIAL STREET SECTION
`:/xalE _
Blocks Less Than 500': One block of lots is proposed and is approximately 500 feet in width.
Cul-de-sac Design:
The private street is not a through street;however, it is designed as a hammerhead rather than a cul-de-
sac. Each side of the hammerhead is approximately 120 — 150 feet in length. Per Eagle City Code
Section 9-3-2-1(G)(2), in zoning districts which prohibit densities greater than one dwelling unit per
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two(2)acres, cul-de-sac streets up to a maximum of one thousand five hundred feet(1,500') in length
may be permitted by the City if approved by the fire department and the highway district having
jurisdiction.
Sidewalks:
The proposed sidewalk is only on one side of the street. Per Eagle City Code Section 9-4-1-6(F)(1),
sidewalks, a minimum of five feet(5')wide, shall be required on both sides of the street; except, that
where the average width of lots, as measured at the street frontage line or at the building setback line,
is over one hundred feet(100'), sidewalks on only one side of the street may be allowed.
Curbs and Gutters: Curbs and gutters which meet ACHD standards are proposed
Lighting:
The applicant has proposed three locations for street lights: along the Bald Eagle Point Subdivision,the
private road adjacent to Lot 1,and at the center of the hammerhead adjacent to Lot 3. "Dark Sky"style
lighting has been provided to the City Zoning Administrator and will be evaluated as part of the Design
Review application.
Street Names:
Street names will be required to be approved by the Ada County Street Naming Committee prior to
submittal of a final plat application.
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: The proposed sidewalk meanders, attaching to back of curb in areas and away
from the street to include a landscape buffer in other areas. The open space is to include a 615-foot-
long private pathway extending from the private road towards the river as described by the applicant in
an email dated October 18,2021(attached).
Bike Paths:
No bike paths are proposed. Eagle City Code Section 9-4-1-7 states that a bicycle pathway shall be
provided in all subdivisions as part of the public right-of-way or separate easement,as may be specified
by the City Council.
N. BUILDING DESIGN FEATURES:N/A
O. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are numerous trees located throughout the entire site. The applicant is proposing to remove 40-
trees from the site in the future buildable area of the residential lots. The 40-trees consist of Black
Locust,Cottonwood,and Silver Maple trees.
Tree Specie Caliper/Height Condition Remove/ Replacement
(Quantity) Retained Inches/Feet per
ECC
Cottonwood 4" Good Condition,unmaintained Remove 20"
(5)
Black 4" Undesirable,unmaintained Remove 4"
Locust(1)
Silver 4" Good condition,unmaintained Remove 4"
Maple(1)
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Black 6" Undesirable,unmaintained Remove 12"
Locust(2)
Cottonwood 6" Good condition,unmaintained Remove 18"
(3)
Black 8" Undesirable,unmaintained Retain 16"
Locust(2)
Cottonwood 8" Good condition, unmaintained Remove 40"
(5)
Silver 8" Good condition,unmaintained Remove 8"
Maple(1)
Cottonwood 10" Good condition,unmaintained Remove 50"
(5)
Black 10" Undesirable,unmaintained Remove 20"
Locust(2)
Black 12" Undesirable, unmaintained Remove 24"
Locust(2)
Cottonwood 12" Good condition,unmaintained Remove 12"
(1)
Black 14" Undesirable,unmaintained Remove 14"
Locust(1)
Cottonwood 14" Good condition,unmaintained Remain 14"
(1)
Cottonwood 16" Good condition, unmaintained Remove 16"
(1)
Cottonwood 18" Good condition, unmaintained Remove 18"
(1)
Cottonwood 20" Good condition, unmaintained Remove 40"
(2)
Black 24" Undesirable, unmaintained Remove 48"
Locust(2)
Cottonwood 24" Good condition,unmaintained Remove 24"
(1)
Cottonwood 40" Good condition, unmaintained Remove 40"
(1)
Total caliper inches/feet of trees required to be replaced on site TBD by the
Design Review
Board and City
Council
Total caliper inches removed from the site 442"
Total caliper inches proposed for mitigation 0"
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Tree Replacement Calculations:
The applicant is proposing to remove 40-trees from the site. The 40-trees consist of Black Locust,
Cottonwood, and Silver Maple trees. The applicant is not proposing mitigation for any of the trees
which total 442-caliper inches of tree being removed from the site. See discussion on page 13 for more
information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the private streets within this development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
P. TRASH ENCLOSURES:N/A
Q. MECHANICAL UNITS:N/A
R. OUTDOOR LIGHTING:
No street lights have been proposed with this application. The applicant should be required to provide
detailed cut sheets of any proposed street light fixtures and a site plan showing the location of any
proposed street lights. The site and street light plan showing location, height, and wattage is required
to be reviewed and approved by the Zoning Administrator prior to the final plat being signed.
S. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-57-21)has been
submitted for the approval of signs proposed at the entry to this development.
T. 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.
U. PUBLIC USES PROPOSED:None.
V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
W. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes—located adjacent to the Boise River
Evidence of Erosion—No
Fish Habitat—Yes—Boise River
Floodplain—Yes—Boise River,most of the site is located within an AE Zone
Mature Trees—Yes—located primarily within the common area Lot 9
Riparian Vegetation—Yes—located adjacent to the Boise River
Steep Slopes—No
Stream/Creek—Yes—Boise River
Unique Animal Life—unknown
Unique Plant Life—Yes—riparian area located adjacent to the Boise River
Unstable Soils—unknown
Wildlife Habitat—Yes—located adjacent to Boise River
X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
The applicant has provided an environmental assessment plan,date stamped by the City on May 28,
2021,that was prepared by Ecosystem Sciences. The plan evaluates present and future conditions as
they relate to the Boise River,plant and animal life,hydrology and the floodplain,and other areas of
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critical concern. The environmental assessment plan did not identify major concerns that may result
from the project.
Y. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Park,Pathway,and Recreation
Marathon Pipe Line,LLC
Z. LETTERS FROM THE PUBLIC:None received to date.
AA.EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6—Land Use
6.3-Land Use Designations
The land use designations on the Comprehensive Plan Land Use Map,and as may be referred to within
the text of the Comprehensive Plan, are defined on the Land Use Designation Matrix, Table 6-1, and
Zoning Compatibility Matrix,Table 6-2,and are as follows for this site:
6.3.4 Residential Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
6.3.8 Residential Transition
Residential development that provides for a transition of density within the planning area while keeping
in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes
in lot dimensions and scaling, see specific planning area text for a complete description.
6.3.19 Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek(Generally shown on the Land
Use Map which is a part of this Plan). These areas are to remain open space because of the nature of
the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall
not be considered as a part of the minimum area of open space required(as required within the zoning
ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from
being used for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space, such as a
pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be
credited toward the minimum open space required for a development.
6.8 River Planning Area
The River Plain Planning Area is designated for residential uses with highly integrated open space.This
area should contain river access,trails,open space,and parks in conjunction with transitional residential
densities. The overall density of the area is 1-2 units per acre. Through clustering and transitioning,
residential densities may be higher (up to 3 units per acre) at the Phyllis Canal transitioning into
clustered and large lot residential uses(1 unit per acre) in the areas adjacent to the Boise River. A
similar transition should occur on the north side of the Boise River with clustered residential uses
(smaller lots with a density of 1 unit per acre) in the areas adjacent to the Boise River and densities of
up to 2 units per acre located adjacent to State Highway 44 and Moon Valley Road. The focus of
development north of the Boise River should be to transition and ensure compatibility with existing
large lot residential uses. The following land use and development policies are specific to the River
Plain Planning Area.
Chapter 7—Natural Resource and Hazard Areas
7.8-Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the Eagle
AOI. Future areas may be added to the Comprehensive Plan when deemed necessary.
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Areas of flooding consist of two parts: (1) the floodway which is the most severe area of flooding
characterized by deep and fast moving water; and (2) the floodplain which is less severe than the
floodway and is characterized by shallower and slower moving waters at the time of flooding.
The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably flood
due to seasonal weather conditions.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area, a
recreational area and/or a nature area,may be encouraged in the 100-year floodplain of the Boise River
and Dry Creek.
Chapter 11-Special Areas and Sites
11.1 -Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological,
architectural,ecological,or scenic significance. Special areas or sites should be analyzed according to
their defined function. Whenever possible, these sites should be preserved and conserved as open
spaces or for educational and cultural centers. Development of Special Areas or Sites should take place
in a manner that reflects harmony with their natural environment and recognizes qualities which render
them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain, and the North
Foothills each possess a recognized function as a wildlife habitat,floodway and scenic natural resource
reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure that such topographical,
hydrological, ecological, architectural and scenic concerns have been thoroughly addressed and
incorporated into any engineering and development plans. The special review process should include,
but not be limited to the following:
❑ Area wide drainage including hillsides, foothills and gulches
❑ Water quality
❑ Sanitation
❑ Area-wide traffic plans
❑ Pathways and trail access
❑ Wetlands issues
❑ Fish and wildlife habitat
❑ Existing trees and natural features
❑ River and creek greenbelt areas
❑ Potential for permanent open space and natural preserves including steep hillside terrain, rock
outcroppings and foothill gulches.
11.2-Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological and scenic significance.
The area comprises the two channels of the Boise River,the island formed by the two channels and the
land immediately adjacent to the channels as generally depicted on the Comprehensive Plan Land Use
Map.
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B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.8 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) all proposed fencing throughout the development, and 4)
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.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPPOSAL:
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the Design Review Board.A detailed landscape plan showing
how the trees will be integrated into the open space areas or private lots(unless approved for
removal by the Design Review Board)shall be provided for Design Review Board approval
prior to the submittal of a final plat. Construction fencing shall be installed(pursuant to the
Design Review Board's direction)to protect all trees that are to be preserved,prior to the
commencement of any construction on the site.
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.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.
16. Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in ECC Section 8-2A-7(J).
20. The applicant shall submit a revised preliminary plat showing the extension of the 5 foot
private gravel pathway within common area Lot 9, extending from the eastern edge of the
private road 615 feet into the common area prior to submittal of the final plat application.
24. All wrought iron fencing shall meet wildlife friendly specifications;fencing shall not have
protruding objects, spikes,or rails that could impale wildlife and shall be limited to a distance
of 4 inches or less between vertical bars. Fencing shall be reviewed and approved by the Design
Review Board and City Council prior to submittal of the final plat application.
25. The applicant shall develop and submit an invasive species control and management plan,with
site specific seed mix.The plan shall be reviewed and approved by the Design Review Board
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and City Council prior to submittal of the final plat application.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(C): Retention,Removal,and Replacement of Trees:
C. Retention,Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed,replacement with a species
identified in section 8-2A-7Q of this article is required. For each caliper inch of
deciduous tree removed,an equivalent amount of caliper inches shall be replanted.For
each vertical foot of coniferous tree removed,an equivalent amount of vertical feet
shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable
replacement would be four(4)two inch(2")caliper deciduous trees. A twelve foot
(12')tall coniferous tree is removed,an acceptable replacement would be two(2) six
feet(6')tall coniferous trees.
b. When a homeowners association or its agent removes tree(s)from a subdivision
common area to appropriately thin an overgrown canopy, replacement shall not be
required provided the site remains in compliance with subdivision's approved
landscape plan as determined by the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or
restore riparian and wildlife habitat,removal of the following trees shall not otherwise
require replacement: black locust, poplar, cottonwood,willow,tree of heaven, elm,
and silver maple. Trees which are weak wooded,weak branched, suckering, damaged,
diseased, insect infested,or containing similar maladies may be exempt from
replacement if removal is first approved by the city.
d. In cases where the condition of the tree(s)constitutes an"emergency" as defined in
section 8-1-2 of this title,the tree(s)may be removed without approval provided that
the city is notified after the tree's removal and provided with documentation indicating
the tree's condition at time of removal.
e. Planting within public rights of way shall be with approval from the city and the
public entity owning the property.
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E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Aventier Subdivision (aka Eventyr Subdivision), a 9-lot (7-buildable, 2-common) residential
subdivision.Access to the subdivision is provided by a private street that provides connection to a
public street within Bald Eagle Pointe Subdivision. The common area consists of a 1.58-acre lot
located at the eastern boundary of the development. This area is located adjacent to the North
Channel of the Boise River and due to no-rise restrictions in the floodway,no additional materials
may be used to improve this area, thus the area will remain in its natural state. Street trees are
proposed along the lot frontages adjacent to the private street; however, the street trees are not
proposed to be symmetrical and spaced at specific distances but more organic with additional
plantings in the front areas of the residential properties. Staff defers comment regarding the
common area landscaping to the Design Review Board.
• The applicant is proposing to remove 40 trees from the site consisting of Black Locust, Silver
Maple, and Cottonwood trees. As noted on the landscape plan, the trees are undesirable trees and
are located within the buildable area of the proposed residential lots. The trees on the perimeter of
the lots and within the large common lot are proposed to be retained. Pursuant to Eagle City Code
Section 8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is
approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c),unless it is
determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife
habitat,removal of Black Locust, Silver Maple,and Cottonwood trees do not require replacement.
Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a), for each caliper inch of deciduous tree
removed, an equivalent amount of caliper inches is required to be replanted and for each vertical
foot of coniferous tree removed, an equivalent amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the 40 trees to the Design Review Board.
If the City approves the removal of the trees and does not require mitigation,no additional trees
are required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant should be
required to provide a revised landscape plan showing an additional 442-caliper inches of tree
(221,2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant may opt
to pay an in lieu fee into the tree fund in the amount of$77,350.00(442-caliper inches x$175.00
per caliper inch). The payment to the tree fund should be received by the City prior to the
submittal of a final plat application.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on February 24,2022,
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:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the informal and natural look of the streetscape proposed within this
development.
• The Board is in favor of no tree mitigation being required based on the applicant only removing the
trees located within the pad sites,while the rest of the trees around the perimeter and in the natural area
are being retained. The Board is also in favor of any hazardous trees or limbs of trees being removed
within the natural open area within this development.
BOARD DECISION:
The Board voted 4 to 0(Grubb, Germano,and Mihan absent)to recommend approval of DR-56-21 for a
design review application for the common area landscaping within Aventier Subdivision for Adam
Anderson,with the following site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document, dated March 10,2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on March 22, 2022, 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 3 to 0(Baun absent)to approve DR-56-21 for a design review application for the
common area landscaping within Aventier Subdivision for Adam Anderson,with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-09-21/RZ-11-21 &PP-13-21.
2. The City approves the removal of the trees and does not require mitigation, therefore, no additional
trees are required.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. No signs are proposed with this application and none are approved.
5. The applicant shall be required to provide a surety for the landscaping along the frontage of the
residential lots located on the lot side of the sidewalk(L1.0 date stamped by the City on February 14,
2022). The surety for the individual lot frontage landscaping shall be received prior to submittal of a
final plat application.
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6. Provide a detail showing the construction of the natural pathway proposed within the natural area(Lot
9). The pathway detail shall be reviewed and approved by staff and one member of the Design Review
Board prior to the submittal of a final plat application.
7. Provide a detailed cutsheet of the proposed street light showing the overall height of the street light not
exceeding 20-feet. The detailed cutsheet shall be reviewed and approved by staff prior to the submittal
of a final plat application.
8. Any hazardous trees or limbs of trees located within the natural open area (Lot 9) may be removed
without any mitigation being required.
9. Provide revised elevations of the bridge structure showing the corten steel sealed so that it does not
bleed on the board formed concrete or surrounding area. The revised elevations shall be reviewed and
approved by staff prior to the submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
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.
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Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
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
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shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code,Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
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
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of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-56-21) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-DA(Residential with development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. A separate design review application(DR-57-21)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.
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DATED this 22nd day of March 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Ja.on P.•rce, ayor
ATTEST:
11111
woos Galli Oat chp.
Tracy E. •shorn,Eagle City Clerk
. * SEAL *Z:*
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