Findings - CC - 2023 - DR-21-23 - Willowbrush 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 WILLOWBRUSH SUBDIVISION )
FOR TH LOST RIVER,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-21-23
The above-entitled design review application came before the Eagle City Council for their action on July
11, 2023. 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:
TH Lost River, LLC, represented by Antonio Conti with Ackerman-Estvold, is requesting design
review approval for the common area landscaping within Willowbrush Subdivision. The 5.39-acre site
is located on the southwest corner of North Park Lane and West Beacon Light Road at 2795 North Park
Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 29, 2023. Revised plans (fence
exhibit,tree mitigation)were received on May 19,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on April 4,2023, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 25, 2022, the Eagle City Council approved an annexation, and rezone from RUT (Rural
Urban Transition—Ada County designation)to R-2-DA-P(Residential with a development agreement
— PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for
Willowbrush Subdivision(A-05-22/RZ-05-22/CU-06-22/PPUD-03-22/PP-09-22).
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 Single-Family Residence
Residential(Transition —Ada County designation)
Overlay)
Proposed No Change R-2-DA-P(Residential with a Single-Family,Residential
development agreement— Planned Unit Development
PUD)
North of site Agriculture/Rural RUT(Rural-Urban Transition Single-Family Residence
—Ada County designation) and Agriculture
South of site Neighborhood R1 (Residential—Ada County Single-Family Residential
Residential(Transition designation) Subdivision(Rip Cord
Overlay) Ranch Subdivision)
East of site R-2-DA-P(Residential with a Single-Family Residential
Neighborhood development agreement— Subdivision(Park Lane
Residential PUD) Estates Subdivision)
(Transition Overlay)
West of site Neighborhood R1 (Residential—Ada County Single-Family Residential
Residential(Transition designation) Subdivision(Callaway
Overlay)
Ranch Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
1. EXISTING SITE CHARACTERISTICS: There is currently a single-family residential dwelling on the
site that is to remain. A portion of the property has been used for agricultural purposes and there are
several outbuildings located throughout the site that are to be removed.
J. SITE DATA:
Total Acreage of Site—4.97-acres
Total Number of Lots— 13
Residential— 10(including one [1] existing)
Commercial—0
Industrial— 0
Common—3
Total Number of Units—
Single-family— 10
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per 2.01-dwelling 2.01-dwelling units per acre maximum(as limited by the
Gross Acre units/acre development agreement)
Minimum Lot Size 10,484-square feet 17,000-square feet
Except that a decrease of minimum lot size in a subdivision may be
allowed if there is an offsetting increase of the same percentage in open
space and a planned unit development is applied for and approved)—
pursuant to ECC Section 8-6-6-5(A). The applicant has provided.15-
acres of offsetting increase of open space. The offsetting increase of the
required percentage in open space has been provided.
Minimum Lot Width 75-feet 75-feet(minimum)
Minimum Street 35-feet 35-feet
Frontage
Total Acreage of 1.35-acres 1.29-acres(minimum)
Common Area Open (Inclusive of.30-acres of offsetting increase of open space)
Space
Percent of Site as 27.1% 25.9%(minimum)
Common Area Open Except that,according to ECC Section 9-3-8(C)the City may require
Space additional public and/or private park or open space facilities in PUDs
or in subdivisions with 11 or more lots.
Percent of Common 21.8%(11,445- 15%(7,843-square feet)(imum)
Area Open Space as square feet)
Active Open Space
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
The applicant is proposing 50-foot-wide landscaped buffer along West Beacon Light Road and a 35-
foot-wide landscaped buffer along North Palmer Lane adjacent to the development. The proposed
widths of the landscaped buffer areas are in conformance with Eagle City Code Section 8-2A-7(J)(4).
Common Area Open Space:
A total of 1.35-acres(27.1%)of open space is proposed within the subdivision.The common area open
space consists of the required buffer areas along North Palmer Lane and West Beacon Light Road, a
common lot(Lot 11) consisting of a gazebo, pathway and ACHD storm water facility, a common lot
(Lot 14) located adjacent to the west property line for a future public pathway, planter strips, and a
landscape island.
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&Rs 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:
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The proposed easement widths as noted on the preliminary plat, date stamped by the City on July 1,
2022,are in conformance with Eagle City Code Section 9-3-6.The existing house is served by overhead
power.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on July 1, 2022, shows a fire hydrant located at the
entrance to the subdivision. Hydrants are to be located and installed as required by the Eagle Fire
Department.
On-site Septic System:
The existing residential dwelling located in proximity to the northeast corner of the property is served
by a septic system. The septic system will be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
The existing home is surrounded by several mature trees.The applicant will be required to preserve the
existing trees or mitigate for any trees proposed to be removed.
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.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Metal(color not identified)
Columns,rafters: Wood(stained)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 37 trees located on this site. Most of
the trees are located around the existing residential dwelling unit that is to be retained. Below is a list
of trees proposed to be removed or retained on the site.
Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
Cedar 40' Good condition Retain 0'
Cedar 40' Good condition Retain 0'
Cedar 40' Good condition Retain 0'
Spruce 40' Good condition Remove 40'
Crabapple 18" Dead Remove 0"
Cedar 40' Good condition Retain 0'
Cedar 40' Good condition Retain 0'
Spruce 12' Good condition Retain 0'
Crabapple 18" Good condition Retain 0"
Spruce 15' Good condition Retain 0'
Crabapple 18" Good condition Retain 0"
Crabapple 18" Good condition Retain 0"
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Spruce 15' Good condition Retain 0'
Crabapple 12" Good condition Retain 0"
Crabapple 12" Good condition Retain 0"
Spruce 15' Good condition Retain 0'
Spruce 65' Fair condition Retain 0'
Locust 30" Good condition Remove 30"
Oak 15" Good condition Remove 15"
Crabapple 3" Good condition Retain 0"
Deciduous 6" Good condition Retain 0"
Ash 15" Good condition Remove 15"
Pine 30' Fair condition Retain 0'
Pine 40' Poor condition Remove 40'
Maple 24" Good condition Retain 0"
Pine 40' Good condition Retain 0'
Pine 45' Good condition Retain 0'
Pine 40' Good condition Retain 0'
Spruce 20' Good condition Retain 0'
Locust 8" Good condition Remove 8"
Cedar 20' Good condition Retain 0'
Cedar 20' Good condition Retain 0'
Pine 35' Good condition Retain 0'
Pine 35' Good condition Retain 0'
Pine 20' Good condition Retain 0'
Cedar 25' Good condition Retain 0'
Cedar 25' Good condition Retain 0'
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches of tree removed from the site 68"
Total height of tree removed from the site 80'
Total caliper inches proposed for mitigation 20"
Total height proposed for mitigation 24'
Tree Replacement Calculations: The applicant is proposing to plant twenty, 3-inch caliper trees and
eight 8' to 10' tall evergreen trees to mitigate for the 68-caliper inches and 80-feet of trees being
removed from this site. See discussion on page 11 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
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Street Trees: Street trees are proposed along West Haverhill Court and North Park Lane. No street
trees have been proposed along West Beacon Light Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS: N/A
Q. OUTDOOR LIGHTING:
A site plan and detailed cutsheets showing location,color, style,height,and wattage of the streetlights
was provided and complies with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
any signage being constructed on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes—several trees surrounding the existing residence located at the northeast corner of
the property
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ballentyne Ditch Company
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
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New Dry Creek Ditch Company
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-I3(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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable for single-family residential. Densities range from 2 units per acre to 4 units per acre.
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Residential Transition Overlay
Residential development that provides for transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing,and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a
site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
6.6.1 Village Planning Area Uses/Design
b. Densities should decrease as distance increases from the Village Center.The overall densities
in the Village Planning Area and, in the Neighborhood,Residential designation,south of Beacon
Light Road, should average 1-2 units per acre.
B. DEVELOPMENT AGREEMETN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.6 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2)planting details within the all common areas throughout the development, 3)
landscape screening details and buffering for the common lots located adjacent to North Park
Lane and West Beacon Light Road,4)elevation plans for all proposed common area structures
and irrigation pump house(if proposed), 5)landscape screening details of the irrigation pump
house(if proposed),and 6)useable amenities such as picnic tables,covered shelters,benches,
gazebos,and/or similar amenities. The design review application shall be reviewed and approved
by the Design Review Board and City Council prior to the submittal of a final plat application.
3.7 Owner shall provide a detailed arborist report and a 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.
3.8 In conjunction with 3.7 above,all living trees 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(unless approved for removal and mitigation by the Design Review
Board)shall be provided for Design Review Board approval prior to the submittal of a final plat
application.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
4. The developer shall provide shade-class(Class II)trees(landscape plan to be reviewed and
approved by the Design Review Board)along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line,or as approved
by the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip
between the 5-foot-wide concrete sidewalk and the curb.Any and all drainage swales and/or
seepage beds shall be placed so as to not interfere with the required placement of street trees.
Prior to the City Clerk signing the final plat the applicant shall either install the required trees,
sod, and irrigation or provide the City with a letter of credit for 150%of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping. Partial reduction of the surety may be permitted for any
portion of the development that is completed, including street trees that have been installed. On-
going surety for street trees for all undeveloped portions of the development will be required
through project completion.
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5. Provide a revised fencing exhibit identifying open style fencing located along the north and west
property line of Lot 11. The fencing exhibit shall also show an option for 6-foot high privacy
fencing(vinyl)with decorative columns spaced 60-feet apart located adjacent to the buffer berms,
in the event the proposed fence is visible from the adjacent roadway. The revised fencing exhibit
shall be provided prior to signature of the development agreement associated with the rezone.
6. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7(J).
8. Provide a revised preliminary development plan and preliminary plat noting and identifying the
location of the accessory structures to be removed. The revised preliminary development plan and
preliminary plat shall be submitted prior to submittal of a design review application.
9. The accessory structures located on the site shall be removed prior to the City Clerk signing the
final plat.
10. The applicant shall be required to remove the overhead power serving the existing house located
at the northeast corner of the property prior the City Clerk signing the final plat.
11. The applicant shall be required to comply with the Staff Pathway Recommendations,dated
August 12,2022,prior to the City Clerk signing the final plat.
26. The applicant shall construct privacy fencing along the subdivision southern property line. The
applicant shall construct open style fencing along all four(4)property lines of common Lot 11,
Block 1. The fencing shall be reviewed and approved by the Design Review Board and City
Council prior to submittal of a 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-6(A)(5)
Utilities:Utility service systems shall not detract from building or site design.Cable,electrical,and
telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-6(B)(2)Roofs:
e. Metal; standing seam,batten seam(concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road
• 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);
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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, chain link, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted
for use on school sites.
• Eagle City Code Section 8-2A-7(C)Retention,Removal,and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a.Where trees are approved by the city to be removed,replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of
coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2") caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6) tall coniferous
trees.
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.
• Eagle City Code Section 8-2A-7(J)(4)(b):
Any road designated as a minor arterial on the master street map typologies map in the Eagle
comprehensive plan:
A minimum of fifty feet(50')wide buffer area(not including right of way)shall be provided with
the following plants per one hundred(100)linear feet of right of way:five(5)shade trees,eight(8)
evergreen trees, three (3) flowering/ornamental trees, and twenty four(24) shrubs. Each required
shade tree may be substituted with two(2)flowering/ornamental trees,provided that not more than
fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be
provided within the buffer area.The maximum slope for any berm shall be three feet(T)horizontal
distance to one foot(F)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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E. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-10: Fences:
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, unless the fence is located on the property line between the required roadway buffer area
and the residential lot,in which case the fence may be a solid wood picture frame or premium vinyl
picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence
is visible from the adjacent roadway, then the fence shall include decorative columns spaced a
maximum of sixty feet(60')apart. Specific buffer area fences and decorative walls may be allowed
as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A
section within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
F. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Willowbrush Subdivision,a 13-lot(10-buildable,3-common)residential planned unit development
on the southwest corner of North Park Lane and West Beacon Light Road. A covered gazebo and
pathway are proposed within the common lot located at the entrance to the development.
• The applicant is proposing to construct a 336-square foot gazebo within the common area. The
gazebo is shown to have a metal roof,however,no specifications to the style of metal roof or color
have been specified. Pursuant to Eagle City Code Section 8-2A-6(B)(2) Roofs: metal; standing
seam, batten seam (concealed fasteners required). The applicant should be required to provide
detailed plans of the gazebo showing the color of the metal roof and showing the style of metal roof
to have concealed fasteners. The detailed plans should be reviewed and approved by staff prior to
the submittal of a final plat application.
• There are 37 trees located on the site. The applicant is proposing to retain all but 7 of the trees.
The trees to be removed are 2-Locust, 1-Crabapple, 1-Pine, 1-Ash, 1-Oak, and 1-Spruce. A total
of 68-caliper inches and 80-feet of tree are proposed to be removed from the site. As noted on the
landscape plan, several of the trees are in good condition or dead and a couple of those trees are
Locust trees. The landscape plan shows twenty, 3-inch caliper trees and eight, 8 to 10-foot tall
evergreen trees to be planted within the development. 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 trees do not require replacement. Pursuant to Eagle City Code Section 8-2A-
7(C)(2xa),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 68-caliper inches and 80-feet of tree 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 68-caliper inches of tree(34,2-
inch caliper trees) and 80-feet (13, 6 to 7-foot evergreen trees) planted on site. The revised
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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$16,700.00 (68-caliper inches x $175.00 per
caliper inch and 80-feet x$60.00 per vertical foot). 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.
• Sheet L1.5, shows a cross section of the buffer area along Beacon Light Road being 49-feet.
Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), an road designated at a minor arterial is
required to have a 50-foot wide buffer area(not including right of way). The applicant should be
required to provide a revised landscape plan showing the cross section of the buffer along Beacon
Light Road to be a minimum of 50-feet wide. The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
• Sheet L1.1,notes a cluster mailbox is to be located on the north side of West Haverhill Court near
the common lot located at the entrance to the development. Detail cutsheets showing the style,
color, size, etc. were not submitted with the application. The applicant should be required to
provide detailed cutsheets showing the style,color,size,etc. of the proposed cluster mailbox to be
located near the common lot near the entrance to the development. The detailed cutsheets should
be reviewed and approved by staff and one member of the Design Review Board prior to the
submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 8, 2023, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff s presentations,the Board discussed during deliberation that:
• The Board is in favor of not including the Locust trees in the tree mitigation requirements.
• The architecture of the gazebo and mailbox structure should match or complement each other since
they are in close proximity to each other.
BOARD DECISION:
The Board voted 7 to 0 to recommend approval of DR-21-23 for a design review application for the
common area landscaping within Willowbrush Subdivision,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 June 22,2023.
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PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 11,2023,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-21-23 for a design review application for the common area
landscaping within Willowbrush Subdivision,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-05-22/RZ-05-22/CU-06-22/PPUD-03-22/PP-09-22.
2. Provide detailed plans of the gazebo showing the color of the metal roof and showing the style of metal
roof to have concealed fasteners. The detailed plans shall be reviewed and approved by staff prior to
the submittal of a final plat application.
3. The City approves the removal of the trees and does required mitigation,the applicant shall be required
to provide a revised landscape plan showing an additional 10-caliper inches of tree (5, 2-inch caliper
trees)and 56-feet(9, 6 to 7-foot evergreen trees)planted on site. The revised landscape plan shall be
reviewed and approved by staff prior to the submittal of a final plat application.
-OR-
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$5,110.00(10-caliper inches x$175.00 per caliper
inch and 56-feet x$60.00 per vertical foot). The payment to the tree fund shall 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 shall 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.
4. Provide a revised landscape plan showing the cross section of the buffer along Beacon Light Road to
be a minimum of 50-feet wide. The revised landscape plan shall be reviewed and approved by staff
prior to the submittal of a final plat application.
5. Provide detailed cutsheets showing the style, color, size, etc. of the proposed cluster mailbox to be
located near the common lot near the entrance to the development. The detailed cutsheets shall be
reviewed and approved by staff and one member of the Design Review Board prior to the submittal of
a final plat application.
6. All overhead utilities to the site shall be removed and located underground.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide elevation plans of the proposed mailbox cluster structure showing the dimensions, materials,
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colors, etc. The architectural style of the mailbox cluster shall match the architecture of the gazebo.
Provide material samples and colors proposed in the construction of the mailbox cluster structure. The
elevation plans,material samples and colors shall be reviewed and approved by staff and one member
of the Design Review Board prior to the submittal of a final plat application.
13. Provide detailed plans of the picture frame wood fence showing the size of the material, construction
details,and colors. The detailed plans shall be reviewed and approved by staff and one member of the
Design Review Board prior to the submittal of a final plat application.
14. Provide details of the pump station showing the size and colors. The details shall be reviewed and
approved by staff and one member of the Design Review Board 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:
l. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
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8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement,acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and comply with all rules,regulations, ordinances,
plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the City of Eagle of its intent to changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City
Code(one year from approval date).
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26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-21-23) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-DA-P (Residential with a development agreement [PUD]) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, 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 11'day of July 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J �nPerce,Mayor
ATTEST: AG
OV V- LF
Tracy E. sbo , Eagle City Clerk ;u �' P
'•.n'roRPo�:' F'
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