Findings - DR - 2017 - DR-20-17 - Common Area LandscapingBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN VALYNN
VILLAGE SUBDIVISION FOR ROTH HOMES
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -20-17
The above -entitled design review application came before the Eagle Design Review Board for their action
on May 25, 2017. The Design Review Board having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Roth Homes, represented by Ben Semple with Breckon Land Design, is requesting design review
approval of the common area landscaping within VaLynn Village Subdivision. The 4.64 -acre site is
located at the terminus of West Cowman Court and South Gardean Way at 701 West Cowman Court.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 20, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 25, 2017, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 11, 2017, the City Council approved a comprehensive plan map amendment, rezone,
conditional use, preliminary development plan, and preliminary plat applications for VaLynn Village
Subdivision (CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
COMP PLAN
DESIGNATION
Residential Four
Residential Five
Residential Four
Public/Semi-Public
East of site Residential Four
West of site Residential Four
ZONING
DESIGNATION
R-4 (Residential)
R -5 -DA -P (Residential with a
development agreement - PUD)
R-4 (Residential)
R-4 (Residential)
R-4 (Residential)
R-4 (Residential)
LAND USE
Single-family dwelling
Single Family Residential
Subdivision
Rick's River Ridge Estates
-Single Family Residential
State Highway 44 Bypass
& Wetlands associated
with the highway
Rick's River Ridge Estates
-Single Family Residential
Alderwood Village -Single
Family Residential
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing residential home, several out buildings,
and an extensive number of trees.
I. SUE, DATE:
Total Acreage of Site — 4.64 -acres
Total Number of Lots — 28
Total Number of Units — 23
Residential — 23
Commercial — 0
Flex Lot — 0
Common — 5
Single-family — 23
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt /Pathway Areas:
The Preliminary Development Concept Plan, date stamped by the city on February 10, 2017, shows a
pathway located within the common area located adjacent to SH -44. Also, the applicant has provided
correspondence titled, "VaLynn Village Community Benefits", which indicates the applicant is
proposing to construct off-site improvements to connect the aforementioned pathway to the Rick's
River Ridge Estates Subdivision pathway and the Alderwood Village Subdivision pathway.
Open Space:
The preliminary plat, date stamped by the city on February 10, 2017, shows a total of 1.92 -acres (not
inclusive of the private road) (41.4%) of open space consisting of five (5) common lots. The open
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space consists of a 1.10 -acre common lot located adjacent to SH -44, one (1) common area containing
a private road and landscaped area located between South Mathie Way and the eastern boundary, two
(2) smaller common areas located adjacent to West Cowman Street, and a small common area located
adjacent to West Grandean Way.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on February 10, 2017, contains a plat note indicating
that all residential lots have a 10 -foot wide public utility and drainage easement adjacent to all public
right-of-way and subdivision boundary lines only. The preliminary plat also notes that a 6 -foot wide
drainage easement will be centered on each lot line. All utilities including power are required to be
placed underground.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on February 10, 2017, shows two (2) fire hydrants
located within the proposed development. Hydrants should be installed and approved as required by
the Eagle Fire Department. The proposed development is located within the Eagle Water Company
water service area.
On-site Septic System (yes or no) — Yes
The site contains a residential dwelling and accessory structures; the existing septic system will need
to be abandoned.
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the New Dry Creek
Ditch Company. The applicant submitted a pressurized irrigation report that meets the requirements of
the City of Eagle Pressure Irrigation Standards (EPIS).
Preservation of Existing Natural Features:
The site contains several mature trees. 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.
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.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are two hundred eighty-seven (287)
existing trees on the site. The applicant is proposing to retain one hundred and three (103) trees and
remove one hundred eighty-four (184) existing trees. Trees to be removed are trees that encroach upon
the buildable lots, are located within the development infrastructure areas, are dead or diseased.
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Below is a list of all existing trees to be retained or removed identified by species, size, and required
replacement inches as identified on Sheet T1.0, date stamped by the city on April 20, 2017.
Retaining/Removing Tree Specie Caliper Replacement inche
1 Retaining Elm 48" caliper 48"
2 Retaining Elm 42" caliper 42"
3 Retaining Pine 10" caliper 10"
4 Retaining Pine 14" caliper 14"
5 Retaining Pine 24" caliper 24"
t, Removing Pine 10" caliper 15"
7 Retaining Oak 28" caliper 28"
8 Retaining Pine 6" caliper 6"
9 Retaining Pine 6" caliper 6"
10 Retaining Pine 6" caliper 6"
11 Retaining Oak 40" caliper 40"
12 Retaining Oak 28" caliper 28"
13 Retaining Maple 14" caliper 14"
14 Retaining Maple 26" caliper 26"
15 Retaining Maple 24" caliper 24"
16 Retaining Pine 18" caliper 18"
17 Retaining Pine 6" caliper 6"
18 Retaining Oak 40" caliper 40"
19 Retaining Spruce 16" caliper 16"
20 Retaining Pine 18" caliper 18"
21 Removing Pine 24" caliper 24"
22 Removing Elm 16" caliper 16"
23 Removing Pine 24" caliper 24"
24-42 Removing 19 Pine 6" caliper each 228"
43 Retaining Spruce 12" caliper 12"
44 Removing Spruce 12" caliper 18"
45 Removing Elm 12" caliper 18"
46 Removing Pine 14" caliper 14"
47 Retaining Maple 14" caliper 14"
48 Removing Maple 26" caliper 26"
49 Removing Spruce 16" caliper 16"
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50 Removing
1 51 Removing
52 Removing
53 Removing
54 Removing
55 Removing
56 Removing
57 Removing
58 Removing
59-61 Removing
62 Removing
63 Removing
64 Retaining
65 Removing
66 Removing
67 Retaining
68 Retaining
69 Retaining
70 Retaining
Removing
72 Retaining
73 Removing
74 Removing
75 Removing
76 Removing
77 Removing
78 Removing
79 Removing
80 Retaining
81 Retaining
82 Retaining
83 Removing
84 Removing
Spruce
Spruce
Spruce
Fir
Pine
Maple
Fir
Fir
Juniper
3 Juniper
Tulip
Spruce
Oak
Maple
Maple
Maple
Maple
Elm
Elm
Catalpa
Ash
Ash
Cherry
Oak
Fir
Fir
Ash
Ash
Hackberry
Cherry
Elm
Fir
Fir
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16" caliper
12" caliper
14" caliper
14" caliper
10" caliper
72" caliper
12" caliper
8" caliper
10" caliper
6" caliper/each
24" caliper
16" caliper
14" caliper
50" caliper
48" caliper
26" caliper
60" caliper
10" caliper
10" caliper
28" caliper
10" caliper
16" caliper
6" caliper
28" caliper
18" caliper
8" caliper
10" caliper
10" caliper
16' caliper
6" caliper
60" caliper
12" caliper
16" caliper
16"
18"
14"
14"
15"
72"
18"
12"
15"
36"
24"
16"
14"
50"
4R"
26"
60"
10"
10"
28"
10"
16"
12"
28"
18"
12"
15"
15"
16"
6"
60"
85
86
88
89-91
93
94
95
96
97
98
99
10C
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
Retaining
Retaining
Removing
Retaining
Retaining
Removing
Retaining
Retaining
Retaining
Retaining
Retaining
Retaining
Retaining
Removing
Retaining
Retaining
Retaining
Retaining
Retaining
Removing
Removing
Retaining
Retaining
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Elm
Pine
Oak
Oak
3 Spruce
Pine
Hawthorne
Birch
Birch
Birch
Hackberry
Maple
Maple
Maple
Pine
Dawn Redwood
Elm
Elm
Hackberry
Pine
Pine
Hackberry
Elm
Elm
Elm
Ash
Crabapple
Crabapple
Crabapple
Hawthorne
Hawthorne
Pine
Pine
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36" caliper
18" caliper
20" caliper
20" caliper
12" caliper/each
6" caliper
6" caliper
30" caliper
60" caliper
32" caliper
16" caliper
8" caliper
8" caliper
14" caliper
24" caliper
30" caliper
26" caliper
26" caliper
22" caliper
24" caliper
6" caliper
22" caliper
36" caliper
20" caliper
16" caliper
12" caliper
12" caliper
12" caliper
12" caliper
6" caliper
6" caliper
6" caliper
6" caliper
36"
18"
20"
20"
36"
12'
6"
30"
60"
32"
16"
8"
8"
24"
30"
26"
26"
22"
22"
36"
20"
16"
18"
18"
18"
18"
12"
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134-148
149-234
235-287
Total # of
trees 287
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Removing
Retaining
Total Caliper Inches to be Removed
Total Caliper Inches to be Retained
Tree Replacement Calculations:
7
Pine
Pine
Elm
Oak
Maple
Ash
Ash
Elm
Crabapple
Spruce
Spruce
Maple
Oak
Maple
15 Pine
86 Unidentified
53 Unidentified
6" caliper
6" caliper
36" caliper
20" caliper
14" caliper
12" caliper
12" caliper
20" caliper
14" caliper
12" caliper
12" caliper
24" caliper
6" caliper
8" caliper
6" caliper/each
12"
12"
36"
20"
14"
18"
18"
20"
14"
18"
18"
24"
17"
12"
180"
Unknown
Unknown
1,551" (= 776 2"
caliper trees)
1,108"
SF of Required Required caliper # of trees Caliper inches of # of unidentified
Common deciduous inches/1,000-SF proposed trees proposed trees (no caliper
Area trees/1,000-SF or existing or existing inches specified)
1
7,000 7 14 16 378
4,650 5 10 11 208
13,650 14 28 14 358
38,400 38 76 42 128
63,700 64 128 83 1,072
1 Trees to be mitigated - (1,551 caliper i- nches divided by - 2" caliper)
Trees to be planted per 1,000 -SF of common area
Total trees required to be planted or mitigated
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18
16
29
1
64
776
64
840
Number of trees required to be mitigated
Number of Trees
Total trees required to be planted or mitigated 840
Trees proposed to be planted off-site (on Alderwood Village No. 1 and Rick's 16
River Ridge Estates)
Trees proposed above the number of trees required per 1,000 -SF I 19
Unidentified trees to be retained on perimeter of buildable lots and common areas J 64
Trees required to be planted or mitigate j 741
Caliper inches of trees required to be mitigated
Caliper Inches
Caliper inches to be planted or mitigated 1,551
Caliper inches proposed to be planted off-site (on Alderwood Village No. 1 and 32
Rick's River Ridge Estates)
Caliper inches existing or proposed 1 1,072
Caliper inches of tree being retained but not located within the common area 60
Caliper inches of trees unidentified (64 trees x 2" caliper) 128 1
Caliper inches required to be planted or mitigated 1 259*
*Note: 259 caliper inches = 130 trees
Tree Replacement Calculations:
There are two hundred eighty-seven (287) existing trees on-site totaling 2,322 caliper inches. The
applicant is proposing to remove one hundred eighty-four (184) trees totaling 1,551 caliper inches. See
the discussion section under staff analysis herein (page 14) for additional information.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the entire development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on this site.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — see Sheet T1.0
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ballentyne Ditch LTD
City of Eagle Parks and Recreation
Eagle Fire Department
Tesoro Logistics NW Pipeline
W. LE FI ERS FROM THE PUBLIC: None received to date..
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The property is designated as "Transitional Residential."
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 The single-family dwellings shall be constructed utilizing "Arts and Crafts, Mission Revival, and
Mediterranean" style architecture (Exhibit D).
To assure compliance with this condition, the applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
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signage, 2) planting details within the proposed 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, The design review application shall be reviewed and approved by the Eagle Design
Review Board prior to the submittal of a final plat application.
3.8 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on-site. 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 how the trees will be incorporated into
the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed
from the site prior to city approval of a tree removal and replacement plan.
3.9 In conjunction with 3.8 above, all living trees that do not encroach upon the buildable lots or
development infrastructure areas shall be preserved, unless otherwise determined by the Design
Review Board or City Council. A detailed landscape plan showing how the trees will be
integrated into the open space areas (unless approved for removal and mitigation by the Design
Review Board or City Council) shall be provided for Design Review Board approval prior to the
submittal of a final plat application.
3.11 Owner shall extend the landscaped berm located within Rick's River Ridge Estates Subdivision
(Lot 10, Block 3) through the Property and connecting to the landscaped berm located within
Alderwood Village Subdivision No. 1 (Lot 15, Block 2). The landscaped berm shall be completed
prior to the City Clerk signing the final plat.
3.13 Owner shall work with the Alderwood Village Subdivision No. 1 Homeowner's Association in
regard to constructing a dog park to be located within the Property and on Lot 15, Block 2,
Alderwood Village Subdivision No. 1. In the event an agreement is reached, Owner shall submit
a design review application to be reviewed and approved by the Design Review Board prior to
commencement of construction. The dog park shall be completed prior to the City Clerk signing
the final plat.
3.14 Owner shall clean up and prune the landscaping located on the Alderwood Village Subdivision
No. 1 (Lot 15, Block 2) landscaped berm located adjacent to SH -44. The clean-up and pruning
shall be completed prior to the City Clerk signing the final plat.
3.15 Owner shall tile the irrigation ditch located adjacent to the north property line and landscape the
area with sod prior to the City Clerk signing the final plat.
3.16 Owner shall extend the existing sidewalk located within Rick's River Ridge Estates Subdivision
(Lot 10, Block 3) through the Property and provide a connection to the sidewalk located within
Alderwood Village Subdivision No. 1 (Lot 15, Block 2). The sidewalk connection shall be
completed prior to the City Clerk signing the final plat.
C. PRELIMINARY PLAT PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within a 6 -foot wide landscape strip, with ACHD approved root
barriers, between the 5 -foot wide concrete sidewalk and the curb. 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
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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.
• In regard to the proposed 2:1 slope for the landscaped berm located adjacent to SH -44, the applicant
shall be required to submit a Design Review Alternative Method of Compliance application with
the Design Review application. The Design Review Alternative Method of Compliance and Design
Review applications shall be reviewed and approved by the Design Review Board prior to submittal
of a final plat application.
• All living trees that do not encroach upon the buildable lots or development infrastructure areas
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.
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 -6(B)(3) Fences:
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited.
• Eagle City Code Section 8 -2A -7(C) Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
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Existing Tree
Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 11.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
Removal of the following trees shall not 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.
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three
(3) 4 -inch caliper trees or four (4) 3 -inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree or
shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 of
this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus
six feet (6'), or to the drip line, whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(J)(4)(c):
c. Any road designated as a principal arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of seventy five feet (75') 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: six (6) shade
trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs.
Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided
that not more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') 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.
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• Eagle City Code Section 8 -2A -7(J)(5):
Common Area Landscapes: New residential subdivision common area landscapes shall be
comprised of the following:
b. A minimum of one deciduous shade tree per one thousand (1,000) square feet.
• 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
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 tree preservation plan, date stamped by the city on April 20, 2017, shows the removal of one
hundred eighty-four (184) trees located throughout the development. Most of the trees to be
removed are trees that encroach upon the buildable lots, are located within the development
infrastructure areas, are dead or diseased. A total of 1,551 caliper inches are proposed to be
removed from the site which is equal to seven hundred seventy-six (776) two inch (2") caliper
trees. A total of sixty-four (64) trees are required to be planted per 1,000 -square feet of common
area. With the number of trees to be mitigated and the number of trees required to be planted per
1,000 -square feet, the applicant is required to provide eight hundred and forty (840) trees within
this development. The following table shows how the eight hundred and forty (840) trees were
determined:
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Trees to be mitigated (1,551 caliper inches divided by 2" caliper)
Trees to be planted per 1,000 -SF of common area
Total trees required to be planted or mitigated
776
64
840
Pursuant to the development agreement, the applicant is required to extend the landscape berm
from Rick's River Ridge Estates Subdivision through this development to the landscaped berm
within Alderwood Village Subdivision No. 1. The landscape plan, date stamped by the city on
April 20, 2017, shows sixteen (16) trees to be planted off-site; four (4) evergreen trees on the
Alderwood Village Subdivision No. 1 frontage and twelve (12) trees (six (6) deciduous and six
(6) evergreen) on the Rick's River Ridge Estates Subdivision frontage. The following two tables
show the number and caliper inches of trees that are required to be mitigated when existing trees
and off-site trees are removed from the overall calculation:
Number of trees required to be mitigated
Total trees required to be planted or mitigated
Trees proposed to be planted off-site (on Alderwood Village and Rick' s
River Ridge Estate)
Trees proposed above the number of trees required per 1,000 -SF
Unidentified trees to be retained on perimeter of buildable lots and common
areas
Trees required to be planted or mitigate
Caliper inches of trees required to be mitigated
Caliper inches to be planted or mitigated
Caliper inches proposed to be planted off-site (on Alderwood Village and
Rick's River Ridge Estates)
Caliper inches existing or proposed
Caliper inches of tree being retained but not located within the common area
Caliper inches of tree unidentified (64 trees x 2" caliper)
I Caliper inches required to be planted or mitigated
*Note: 259 caliper inches = 130 trees
The Design Review Board may determine that a minimum of seven hundred and forty-one (741)
trees will need to be planted on site, or pursuant to Eagle City Code Section 8-2A-7(0), the
applicant may elect to make a contribution to the tree fund for compensation for the removal of the
trees at this time. The value is determined by calculating the purchase and planting cost using the
average industry value of $350.00 for one (2 -inch) caliper tree. The total amount for seven hundred
and forty-one (741) trees is $259,350.00.
The Design Review Board may determine that the existing and proposed caliper inches of trees to
be retained or planted on-site should be counted toward the caliper inches of tree being removed
from the site. If the caliper inches are permitted to be used in the calculation, one hundred and
thirty (130) two inch (2") caliper trees will need to be planted on-site, or pursuant to Eagle City
Code Section 8-2A-7(0), the applicant may elect to make a contribution to the tree fund for
compensation for the removal of the trees at this time. The total amount for one hundred thirty
(130) trees is $45,500.00.
If the Design Review Board determines that it is appropriate to remove the trees, then the removal
Number of Trees
840
16
19
64
741
Caliper Inches
1,551
32
1,072
60
128
259*
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mitigation may be:
A. Plant a minimum of seven hundred and forty-one (741) trees on the site at the time of
development and prior to the issuance of any occupancy permits.
- OR-
B. Plant a minimum of one hundred and thirty (130) trees on the site at the time of development
and prior to the issuance of any occupancy permits.
-OR-
C. Provide a contribution to the tree fund for compensation for the removal of the trees in the
amount of $259,350.00 (741 trees x $350.00 per tree) prior to the City Clerk signing the final
plat.
- OR-
D. Provide a contribution to the tree fund for compensation for the removal of the trees in the
amount of $45,500.00 (130 trees x $350.00 per tree) prior to the City Clerk signing the final
plat.
- OR-
E. Any other combination of planting additional trees on-site and/or a contribution to the tree fund
as may be approved by the Design Review Board.
Staff defers comment on the removal mitigation replacement/compensation to the Design Review
Board.
• The applicant is requesting approval of an alternative method of compliance to increase the slope
of the required berm along State Highway 44 from a three to one (3:1) slope to a two to one (2:1)
slope. The applicant is tiling the Ballantyne Canal from the common area located in Rick's River
Ridge Estates Subdivision to the west property line of this site. Due to the canal company
needing access to the tiled canal and the limited amount of space, the applicant is requesting
approval to construct the berm along State Highway 44 with a two to one (2:1) slope. Staff defers
comment regarding the slope of the berm along State Highway 44 to the Design Review Board.
• The landscape plan, date stamped by the city on April 20, 2017, shows sixteen (16) deciduous
trees, twenty-four (24) evergreen trees, six (6) flowering trees, and zero (0) shrubs along the
frontage of State Highway 44. Pursuant to Eagle City Code, the applicant is required to provide a
minimum of nineteen (19) deciduous trees, thirty-two (32) evergreen trees, thirteen (13)
flowering trees, and seventy-seven (77) shrubs for the three hundred and twenty (320) linear feet
of frontage along State Highway 44 (not inclusive of the frontage adjacent to Alderwood Village
No. 1 Subdivision or Rick's River Ridge Estates Subdivision). The applicant should be required
to provide a revised landscape plan showing a minimum of nineteen (19) deciduous trees, thirty-
two (32) evergreen trees, thirteen (13) flowering trees, and seventy-seven (77) shrubs for the three
hundred and twenty (320) linear feet of frontage along State Highway 44. The revised landscape
plan should be reviewed and approved by staff and two members of the Design Review Board
prior to the City Clerk signing the final plat.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the 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 May 25, 2017, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Baer absent) to approve DR -20-17 for a design review application for the
common area landscaping within VaLynn Village Subdivision for Roth Homes, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text shown
with underline to be added and text shown with strike thru to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16.
2. The monetary value of eighty-three (83) two inch (2") caliper trees is $29,050.00 (based on the
average industry value of $350.00 for one (1) two inch (2") caliper tree). The $70,000.00 worth of
improvements beine completed within the common area of Rick's River Ridee Estates Subdivision
shall be considered mitigation of the $29,050.00 and no monetary contribution is required to be paid
to the tree fund.
Note: A E to be determined by : Bari during the .meting
A,PagaRWi
OR
E. Any other ccr'k atkxI aidrti wi tr.-
3. A plan showing construction fencing around the existing trees (a minimum of 10 -feet from the trunk
of the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip
line of the trees should be submitted to the City. Construction fencing shall be installed around Tree
V and W prior to the commencement of any construction on the site. Cups or dams shall be built
within the drip line of each tree in order to retain water and the trees shall be watered on a regular
basis. No activity whatsoever shall take place within the drip line of the trees.
4. Provide a revised landscape plan showing a minimum of nineteen (19) deciduous trees, thirty-two
(32) evergreen trees, thirteen (13) flowering trees, and seventy-seven (77) shrubs for the three
hundred and twenty (320) linear feet of frontage along State Highway 44. The revised landscape plan
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shall be reviewed and approved by staff and two member s of the Design Review Board prior to the
City Clerk signing the final plat.
5. Prior to the City Clerk signing the final plat the applicant shall either install the required street trees or
provide the City with a surety for 150% of the cost of the installation of all required trees. 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 development that is completed. On-going surety for required trees for all undeveloped
portions of the development will be required through project completion.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
8. No signs are proposed with this application and none are approved.
9. The tree caliper inches being removed from the site shall be mitigated with offsite improvements as
stated in site specific condition of approval number 1 above.
10. The alternative method of compliance showing the berm along State Highway with a 2:1 slope is
approved based on the limited room caused by the tiling the Ballantyne Ditch.
11. Provide documentation showing how the offsite maintenance and irrigation improvements proposed
within Alderwood Village Subdivision and Rick's River Ridge Estates Subdivision will be
maintained. The documentation shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
12. Provide a revised landscape plan showing a greater variety of evergreen trees to be planted on the
berm along State Highway 44. The landscape plan shall show the required evergreen. deciduous. and
flowering trees to be planted alternating on both the north and south sides of the fence along State
Highway 44. The revised landscape plan shall be reviewed and approved by staff and one member of
the Design Review Board prior to the City Clerk signing the final plat.
13. Provide a revised landscape plan showing the tree and shrub plantings proposed within the Rick's
River Ridge Subdivision to comply with Eagle City Code 8 -2A -70)(4)(c). The revised landscape
plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior
to the City Clerk signing the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
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.
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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.
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
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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. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -20-17) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and the 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 subdivision 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;
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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;
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 residential center in the area since; and
I. Will have signs, if proposed, that are harmonious with the architectural design of the building and
adjacent buildings, and will not cover or detract from desirable architectural features.
DATED this 8th day of June 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cg nty,, Idaho
Robert Grubb, Chairman
ATTEST:
41 � r o✓
Shar . ergmann, Eagle City Clerk
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