Findings - DR - 2023 - DR-56-23 - Silvercreek Sub - Common Area Landscaping w/in Silvercreek Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN SILVERCREEK )
SUBDIVISION FOR LAREN BAILEY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-56-23
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 9,2023. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Laren Bailey is requesting design review approval of the common area landscaping within Silvercreek
Subdivision. The 65.39-acre site is located on the north and south sides of West Mace Road
approximately 1,740-feet west of the intersection of West Windbreaker Lane and West Mace Road at
1522 and 1811 West Mace Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 20,2023.
C. NOTICE OF AGENCIES'REVIEW:
Requests for agencies' reviews were transmitted on October 2, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2023, the Eagle City Council approved a rezone from A (Agricultural) to R-2DA
(Residential with a development agreement [in lieu of a PUD]) and preliminary plat approval for
Silvercreek Subdivision(RZ-18-22/PP-23-22).
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 A(Agricultural) Single-family residence
Residential and and agriculture
Floodway
Proposed No Change R-2-DA(Residential with a Single-family residential
Development Agreement[in subdivision
lieu of a PUD)
North of site Neighborhood A(Agricultural) Agriculture
Residential and
Floodway •
•
South of site Neighborhood R-2-P(Residential—PUD) South Channel of the Boise
Residential and River and vacant parcel
Floodway
East of site Neighborhood R-2-DA-P(Residential with a Two(2)single-family
Residential and development agreement— residential subdivisions
Floodway PUD),A(Agricultural),A-R (Mace River Ranch No.4,
(Agricultural-Residential), and Waters Edge No. 3)
and R-2-DA(Residential with and single-family
a development agreement) residential homes on large
parcels.
Neighborhood RUT(Residential—Ada Single-family residence
West of site Residential and County designation)and A and agriculture
Floodway (Agricultural
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site is undeveloped and has been used for agricultural purposes.
J. SITE DATA:
Total Acreage of Site—65.39
Total Number of Lots—53
Residential—41
Commercial—0
Industrial—0
Common— 12(inclusive of three [3]private street lots)
Total Number of Units—
Single-family—41
Single-family attached—0
Two-family—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .84-dwelling units/acre 1.00-dwelling units/acre
maximum(as limited by the
development agreement)
Minimum Lot Size 21,785-square feet 17,000-square feet
Minimum Lot Width 102-feet 75-feet
Minimum Street Frontage 66-feet 35-feet
Total Acreage of Common Area 14.00-acres 13.08-acres(minimum)
Open Space
Percent of Site as Common Area 21.41% 20%(minimum)
Open Space Except that,according to ECC
Section 9-3-8(C)the City may
require additional public and/or
private park or open space facilities
in PUDs or in subdivisions with 11
or more lots.
IPercent of Common Area Open 20.00%(2.8-acres) 15%(2.1-acres minimum)
Space as Active Open Space
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space,Green Belt Areas and Landscape Screening:
The site is proposed with 14.00-acres (21.4%) of open space. The open space consists of the required
35-foot-wide buffer areas located on each side of West Mace Road, common lots containing ponds,
and the parkway strips as shown on the preliminary plat landscape plan, date stamped by the City on
October 17,2022(attached to the staff report).
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the Subdivision Ordinance.
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 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.
Regarding flood control, the Flood Insurance Rate Map (FIRM), Panel Nos. 16001C0142J and
16001CO161J,dated June 19,2020,shows the entire site located within a Zone"AE"(subject to a 1%
annual chance of flood). The applicant is proposing to construct ponds within the site to elevate the
roads and pad sites.The construction of the proposed ponds will provide compensatory storage of flood
water (during a flood event) to compensate for the areas which were raised above the base flood
elevation.No development is proposed within the floodway area.
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Utility and Drainage Easements,and Underground Utilities:
The preliminary plat, date stamped by the City on March 2,2023,notes 10-foot-wide public utilities,
irrigation, and lot drainage easement adjacent to any public street, rear property line, or subdivision
boundary. The preliminary plat also notes a 5-foot-wide easement is located adjacent to any interior
side lot line for public utilities,irrigation,and lot drainage.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System:
The existing home located south of West Mace Road is served by an individual septic system. The
preliminary plat,date stamped by the City on March 2,2023,shows the existing home to be removed.
The septic system will be removed at the time of removal of the existing home as required herein.
Pressurized Irrigation:
The applicant provided a preliminary irrigation report,date stamped by the City on October 17, 2022
(attached to the staff report).The applicant will be required to install pressurized irrigation.
Preservation of Existing Natural Features:
The applicant has provided a Natural Features Analysis,date stamped by the City on January 19,2023
(attached to the staff report).Also,the applicant has provided a Preliminary Wetland Evaluation and a
Tree Mitigation Plan,both of which are date stamped by the City on October 17,2022(attached to the
staff report).
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: Mediterranean
Roof: Bel Air Tile(Brown Range)
Walls: Stucco(Studio Clay)
Windows/Doors:Metal(Enduring Bronze)
Fascia/Trim: Cement Board(Enduring Bronze)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located throughout
the site. Most trees are to be retained and protected;however,there are numerous trees located along
the edge of the existing road that are to be removed when the road is widened and when the ponds
within the development are constructed. The trees to be removed are Locust, Poplar, Russian Olive,
Silver Maple,Tree of Heaven,Mulberry,Pine,and Spruce trees.
Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
6-Locust 18" Fair condition Retain/ 0"
Remove
Locust 12" Fair condition Retain/ 0"
Remove
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Locust 7" Fair condition Retain/ 0"
Remove
4-Locust 11" Fair condition Retain/ 0"
Remove
4-Locust 48" Fair condition Retain/ 0"
Remove
Massing of 11"— 16" Fair condition Retain 0"
Locust
Massing of 13"— 15" Fair condition Remove 0"
Locust
Massing of 8"— 11" Fair condition Retain 0"
Locust
5—Russian 4" Poor condition Remove 0"
Olive
9—Russian 14" Poor condition Remove 0"
Olive
4—Russian 25" Poor condition Retain 0"
Olive
Massing of 5"—8" Poor condition Remove 0"
Poplar
Massing of 12"— 17" Poor condition Retain 0"
Poplar
Massing of 16"— 17" Poor condition Retain 0"
Poplar
Silver Maple 12" Good condition Retain 0"
Crimson 16" Good condition Remove 16"
King Maple
8—Pine 10'— 15' Good condition Retain 0"
Trees
Tree of 12" Fair condition Remove 0"
Heaven
Mulberry 18" Fair condition Remove 0"
Locust 4" Fair condition Remove 0"
Locust 24" Fair condition Remove 0"
Locust 60" Fair condition Remove 0"
Spruce 40' Fair condition Remove 40'
Spruce 50' Fair condition Remove 50'
Pine 25' Good condition Remove 25'
Pine 25' Good condition Remove 25'
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Pine 40' Good condition Remove 40'
Massing of 8"— 10" Fair condition Remove 0"
Russian
Olive
Massing of 12"— 14" Fair condition Retain 0"
Locust
Massing of <4" Fair condition Remove 0"
Dog Roses
2—Dog Rose 4" Fair condition Remove 0"
Massing of 10"— 17" Good condition Retain 0"
Willows,
Poplars,and
Locusts
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site 16"
Total feet removed from the site 180'
Total caliper inches proposed for mitigation 232"
Tree Replacement Calculations: The applicant is proposing to plant an additional 116 trees within the
common areas and around the ponds. The 116 additional trees equate to 232-caliper inches of tree
being planted within the development to mitigate for the 232-caliper inches of tree being removed from
the site. See discussion on page 12 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along both sides of West Mace Road and all internal streets with
the exception of the south side of West Misty River Lane based on this area being able to be redeveloped
in the future.
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 landscape plan was provided identifying the locations of the streetlights throughout the subdivision.
Detailed cutsheets showing the wattage and illumination type of the streetlights has been 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 signs being constructed on this site.
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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—Yes,along the South Channel of the Boise River
Evidence of Erosion—No
Fish Habitat—No
Floodplain—Yes—Boise River,the entire site is located within an AE Zone as identified on the Flood
Insurance Rate Map(FIRM)
Mature Trees — Yes — See the Tree Mitigation Plan, date stamped by the City on October 17, 2022
(attached to the staff report).
Riparian Vegetation—Yes—Along the South Channel of the Boise River
Steep Slopes—No
Stream/Creek—Yes—South Channel of the Boise River
Unique Animal Life—No
Unique Plant Life—Yes—See the Natural Features Analysis,date stamped by the City on January 19,
2023 (attached to the staff report).
Unstable Soils—No
Wildlife Habitat—Yes—Trees and riparian areas along the South Channel of the Boise River
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.
Department of Environmental Quality
Eagle Fire Department
Eagle Historic Preservation Commission
Eagle Sewer District
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a.The ordinance and standards used in evaluating the application;
b.The reasons for the approval or denial;
c. The actions,if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned
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development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs,if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'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:
Chapter 6—Land Use
6.3 Land Use Designation
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.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry
Creek(generally shown as floodway on the Land Use Map). These areas are to remain open space
because of the nature of the floodway which can pose significant hazards during a flood event.
Floodway areas are excluded from being used for calculating residential and development densities.
Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands
area that is open to and usable by the public for open space,such as pathways,ball fields,parks,or
similar amenities,as may be credited toward the minimum open space required for a development,
if approved by the City Council.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown
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on the Land Use Map, the adjacent land use designation shown shall be considered to abut the
actual floodway boundary.
Regional Open Space
Open space should be designed to capitalize on and expand the open space areas around natural
features and environmentally sensitive areas.Priorities for preservation include:The most sensitive
resources—floodways and floodplains (including riparian and wetland areas), slopes in excess of
25%,locally significant features,and scenic viewpoints. Fragmentation of open space areas should
be minimized so that resource areas are able to be managed and viewed as an integrated network.
Open space areas within the Foothills and along Dry Creek and the Boise River should be designed
to function as part of a larger regional open space network. Where possible,open space should be
located to be contiguous to public lands and existing open space areas.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.11 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the
submittal of a Design Review application.Owner shall provide a narrative with the Existing Tree
Inventory Map 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 plan and replacement plan.
3.12 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2)planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures
and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed
in reference to mosquito abatement,7)cluster mailbox(if proposed),and 8)all proposed fencing
throughout the development. The design review application shall be reviewed and approved by
the Eagle Design Review Board and City Council prior to the submittal of a final plat application.
C. PRELIMIARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
20. All living trees that do not encroach upon the buildable area on any lot shall be preserved,unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots(unless approved for removal by
the Design Review Board)shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed(pursuant to the Design Review
Board's direction)to protect all trees that are to be preserved,prior to the commencement of any
construction on the site.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 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
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through project completion.
22. 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).
D. SUBDIVISION CODE PROVISIONS WHICH ARE OR 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.
E. 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)(1)(h)
Stucco:Twenty five percent(25%)planer change required,additional accents shall be incorporated
through the use of other material(s).
• 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,
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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.
F. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Silvercreek Subdivision, a 53-lot (41-buildable, 12-common) residential subdivision. The 65.39-
acre site is located on both the north and south sides of West Mace Road. The applicant is proposing
ponds within the open space, gated entry features, a sewer lift station, and an irrigation pump
station. The gated entry features are proposed to be constructed of sandstone veneer, sandstone
wall cap, metal vehicular gates, and decorative lighting. The sewer lift station and the irrigation
pump station are proposed to be constructed of stucco,cement board siding and fascia, with a tile
roof.
The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to 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, and 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. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The applicant is proposing the sewer lift station and irrigation pump station to be finished with
stucco. All four elevations of both buildings are completely finished in stucco with the exception
of the gabled roof area that will have cement board siding. Pursuant to Eagle City Code 8-2A-
6(B)(1)(h),twenty five percent planer change is required, additional accents shall be incorporated
through the use of other materials. The applicant should be required to provide revised building
elevations of both the sewer lift station and irrigation pump station buildings showing 25%planner
change or additional accents through the use of other materials. The revised elevation plans should
be reviewed and approved by staff and two members of the Design Review Board prior to the
submittal of a final plat.
• There are numerous trees located throughout the site. Most of the trees are to be retained and
protected;however there are numerous trees located along the edge of the existing road that are to
be removed with the widening of West Mace Road and numerous trees to be removed when the
ponds within the development are constructed. The trees to be removed are Locust,Poplar,Russian
Olive, Silver Maple, Tree of Heaven, Mulberry, Pine, and Spruce trees. The trees around the
existing house that is to be demolished are Crimson King Maple,two Spruce,and three Pine trees.
The applicant is proposing to mitigate for the six trees(232-caliper inches)proposed to be removed
from around the existing house by planting an additional 116 trees within the common areas and
around the ponds of this 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,Poplar,Cottonwood,Williow,Tree of Heaven,Elm,and Silver Maple trees do not require
replacement. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a), for each caliper inch of
deciduous tree removed,an equivalent amount of caliper inches is required to be replanted and for
each vertical foot of coniferous tree removed, an equivalent amount of vertical feet is required to
be replanted.
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Staff defers comment regarding the removal of the trees and proposed mitigation to the Design
Review Board.
• Sheet L8,shows the proposed fencing plan showing where the 6-foot high masonry wall and 5-foot
high wrought iron fencing is to be located. Pursuant to Eagle City Code Section 9-3-10,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. The applicant should be required to provide a revised
fencing plan showing open style (5-foot wrought iron) fencing to be installed(if property owner
wants fencing) on the property line between the buildable lot and the common area(Lots 30,42,
46,48,52 as shown on sheet L8)shown in red below. The revised fencing plan should be reviewed
and approved by staff prior to the submittal of a final plat application.
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• Sheet A1.3, shows the entry gates, emergency access gate and adjacent fencing. The emergency
access gate and adjacent fencing shows finials to be located on top of the gate and fencing. There
is extensive wildlife in this area, the applicant should be required to provide access gates and
fencing without finials. The revised fencing should be reviewed and approved by staff prior to the
submittal of a final plat application.
• Sheet A1.3,shows decorative lighting to be located on the entry features. The applicant should be
required to provide detailed cutsheets showing the style of light fixture to be located on the entry
features. The detailed cutsheets should show the style,color,wattage,luminaries,etc.of the light
fixture to be used. The detailed cutsheets should be reviewed and approved by staff 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 November 9,2023,
at which time the Board made their decision.
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BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the common area landscaping and the entry features as designed.
• The Board is in favor of the proposed tree mitigation the applicant has submitted.
BOARD DECISION:
The Board voted 4 to 0(Duperault,Mihan,and Greer absent)to recommend approval of DR-56-23 for a
design review application for the common area landscaping within Silvercreek Subdivision,with the
following staff recommended site specific conditions of approval and standard conditions of approval
with text shown with underline to be added by the Board and text shown with strikethrough to be deleted
by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-18-22/PP-23-22.
2. The building elevations submitted November 9,2023,showing a stone wainscot on the sewer lift station
and irrigation pump station are approved. Provide _e e,l buildi„„ elevations of both the se .. rift
0
3. If Tthe City approves the removal of the trees and accepts the proposed mitigation,no additional trees
are required.
4. Provide a revised fencing plan showing open style (5-foot wrought iron) fencing to be installed (if
property owner wants fencing) on the property line between the buildable lot and the common area
(Lots 30,42,46,48,52 as shown on sheet L8)shown in red below. The revised fencing plan shall be
reviewed and approved by staff prior to the submittal of a final plat application.
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5. Provide access gates and fencing without finials. The revised fencing shall be reviewed and approved
by staff prior to the submittal of a final plat application.
6. The detailed cutsheets submitted November 9,2023,showing the style,color,wattage,luminaires,etc.
of the decorative light fixtures on the entry features are approved.
,
> ,
*o die s„bmittal of a final p1 + l' t'
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7. All overhead utilities and poles shall be removed from the site and along West Mace Road. No
overhead utilities are permitted with this application.
8. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters, phone boxes, vents, etc. located on the building to match the color of the
building.
12. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-56-23) 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 Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-DA (Residential with a development agreement [in lieu of a 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 14th day of December 2023.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Co ah
Robert Grubb,Chairman
AT EST: �,,,,,, ,,,,,,,,,
CITY °°°
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:• CORD, '•.t�
c,, ; o :y
Tracy E. , g1e City Clerk > \• '
•....•• .•
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