Findings - CC - 2024 - DR-74-23 - Design Review for the Common Area Landscaping within Hevostila Estates Subdivison BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN HEVOSTILA ESTATES )
SUBDIVISION FOR CRITERION LAND )
MANAGEMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-74-23
The above-entitled design review application came before the Eagle City Council for their action on
February 13,2024. 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:
Criterion Land Management, represented by Nicolette Womack with Kimley-Horn, is requesting
design review approval for the common area landscaping within Hevostila Estates Subdivision. The
12.14-acre site is located on the south side of East Floating Feather Road approximately 355-feet west
of the intersection of North Falling Water Avenue and East Floating Feather Road at 2385 East Floating
Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 8,2023.Revised plans(landscape
plan,bike rack,table, and trash can detail)were received January 4,2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 20, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 26, 2023, the Eagle City Council approved an annexation, rezone from RUT (Rural-
Urban Transition—Ada County designation) to R-4-DA (Residential with a development agreement
[in lieu of a PUD]),and preliminary plat for Hevostila Subdivision,a 38-lot(32-buildable,6-common)
residential subdivision(A-04-23/RZ-05-23/PP-05-23).
E. COMPANION APPLICATIONS: DR-74-23 (signage).
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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 —Ada County designation) and agriculture
Proposed No Change R-4-DA(Residential with a Single-family residential
development agreement [in subdivision
lieu of a PUD])
North of site Neighborhood R-3 (Residential)and R-4 Single family residential
Residential (Residential) subdivision(Yorkshire
Acres and Berkshire
Estates Subdivision)
South of site Compact Residential R-4-DA(Residential with a Single-family residential
development agreement) subdivision(Rene
Commons Subdivision)
East of site Neighborhood R-4(Residential) Single-family residential
Residential subdivision(Echohawk
Estates Subdivision No.2)
West of site Neighborhood R-4(Residential) Single-family residential
Residential subdivision(Melvin Eagle
Pointe Subdivision No. 9)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site has an existing dwelling and several accessory structures that will be demolished.
J. SITE DATA:
Total Acreage of Site— 12.14-acres
Total Number of Lots—38
Residential—32
Commercial—0
Industrial—0
Common—6
Total Number of Units—32
Single-family—32
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 2.64-units per acre 2.64-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 8,514-square feet 8,000-square feet(minimum)
Minimum Lot Width 70-feet 70-feet(minimum)
Minimum Street Frontage 35-feet 35-feet(minimum)
Total Acreage of Common Area 2.84-acres 2.42-acres(minimum)
Percent of Site as Common Area 23.4%(2.84-acres) 20%(minimum)
Percent of Common Area Open 75%(2.13-acres) 15%(minimum)(.43-acres)
Space as Active Open Space
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 2.84-acres (approximately 23.4%) of open space is proposed within the subdivision.
Approximately 2.13-acres(75%)of the proposed open space is considered to be"Open Space,Active"
as defined by Eagle City Code Section 9-1-6.The open space is inclusive of the seven(7)common lots
which are proposed to contain a centralized common area, three (3)common lots containing regional
pathways(10-feet in width),and three(3)common area which are designed to provide a buffer area for
corner lots. The centralized common area will contain trees around the perimeter of the common area,
an eight-foot-wide(8')pathway, seating area, and a dog waste station.
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 so graded that all runoff runs
either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
The preliminary plat, date stamped by the City on July 28, 2023, notes a 10-foot-wide public utilities,
irrigation, and lot drainage easement located adjacent to the right-of-way and rear lot lines. 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 is served by an individual septic system.
Pressurized Irrigation:
The applicant provided a preliminary irrigation report, date stamped by the City on June 16, 2023
(attached to the staff report).
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Preservation of Existing Natural Features:
The site contains a few mature trees located in proximity to the existing home and along the canal
within the southwest portion of the site. The applicant will be required to retain the trees or provide
mitigation for removal.
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
Mailbox Structure
Roof: Metal(Black)
Walls: Stone Veneer(Winterhaven), Stucco(Light French Gray SW 0055)
Fascia/Trim: Concrete(Natural Gray)
Mailboxes: Metal(Block)
Pump House
Roof: Metal(Black)
Walls: Stucco(Light French Gray SW 0055), Stone Veneer(Winterhaven)
Windows/Doors: Aluminum(Gray)
Fascia/Trim: Wood(Iron Ore SW 7069)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The Tree inventory provided with the design
review application shows 84 existing trees on the site that are proposed to be removed.
Below is a complete list of existing trees on the site that are proposed to be removed.
Tree Specie Caliper/ Condition Remove/ Replacement
Tree# Height Retained Inches/Feet
per ECC
Black Locust 37" Half of canopy missing due to Remove TBD
2-9, 12-18, line clearance
25-33, 35, 37" Half of canopy missing due to
line clearance
37-38,42
25" Half of canopy missing due to
58, 60-85 line clearance
37" Half of canopy missing due to
line clearance
37" Half of canopy missing due to
line clearance
37" Half of canopy missing due to
line clearance
49" Half of canopy missing due to
line clearance
25" Main trunk topped
25" Half of canopy missing due to
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line clearance
6"
Half of canopy missing due to
line clearance
Main trunk broken off at 8'
43"
Half of canopy missing due to
line clearance
25"
Growing into/from property
fence line
43" Growing into/from property
fence line
6"
Growing into/from property
fence line
6"
Growing into/from property
fence line
7„
Growing into/from property
fence line
7„
Growing into/from property
fence line
13" Growing into/from property
fence line
60" Growing into/from property
fence line
13" Growing into/from property
fence line
6"
Growing into/from property
fence line
6"
Growing into/from property
fence line
6"
Growing into/from property
fence line
6"
Growing into/from property
fence line
19"
Growing into/from property
fence line
25"
Growing into corner of the
fence
7„
Growing into/from property
fence line
31" Growing into/from property
fence line
19" Difficult to access due to canal
25" Moss covering trunk;
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significant ant activity on main
trunk
13"
Difficult to access due to
grove planning and rolls of
wire fences
60" Moss covering trunk;
significant ant activity on main
trunk
13"
Difficult to access due to
grove planting and rolls of
wire fences
13"
Difficult to access due to
grove planting and rolls of
wire fences
3 Difficult to access due to
grove planting and rolls of
wire fences
19" Difficult to access due to
grove planting and rolls of
wire fences
13" Difficult to access due to
grove planting and rolls of
wire fences
13" Moss covering trunk;
significant ant activity on main
trunk
19" Moss covering trunk;
significant ant activity on main
trunk
6" Moss covering trunk;
significant ant activity on main
trunk
19" Moss covering trunk;
significant ant activity on main
trunk
31" Moss covering trunk;
significant ant activity on main
trunk
7" Moss covering trunk;
significant ant activity on main
trunk
60" Moss covering trunk;
significant ant activity on main
trunk
60" Moss covering trunk;
significant ant activity on main
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trunk
7„ Moss covering trunk;
significant ant activity on main
trunk
7„ Moss covering trunk;
significant ant activity on main
trunk
6" Moss covering trunk;
significant ant activity on main
trunk
19"
Moss covering trunk;
significant ant activity on main
trunk
60" Moss covering trunk;
significant ant activity on main
trunk
13" Moss covering trunk;
significant ant activity on main
trunk
43" Moss covering trunk;
significant ant activity on main
trunk
Moss covering trunk;
significant ant activity on main
trunk
13" Moss covering trunk;
significant ant activity on main
Juniper 49" Gap in canopy due to close Remove TBD
10-11 placement to the house
60" Gap in canopy due to close Remove
placement to the house
Black Cherry 6" Growing into/from property Remove TBD
19-20, 39 fence line
41,46 6" Growing into/from property Remove
fence line
13" Growing into/from property
fence line
25" Growing into/from property
fence line
13" Growing into/from property
fence line
Dead tree 7" Growing into/from property Remove 0"
21-23 fence line
25" Growing into/from property Remove
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fence line
6"
Growing into/from property Remove
fence line
Poplar 7" Growing into/from property Remove TBD
24,34, 57 fence line
6" Growing into/from property Remove
fence line
6" Growing into/from property Remove
fence line
Crabapple 6" Growing into/from property Remove TBD
36, 54 fence line
25" Growing into/from property Remove
fence line
Choke Cherry 7" Growing into/from property Remove TBD
40,43-45,48, fence line
52, 53, 55-56 6" Growing into/from property Remove
fence line
13" Growing into/from property Remove
fence line
13" Growing into/from property Remove
fence line
7" Growing into/from property
fence line
6" Growing into/from property
fence line
Growing into/from property
6" fence line
Growing into/from property
19" fence line
Growing into/from property
25" fence line
Amur Maple 7" Growing into/from property Remove TBD
47 fence line
Norway 7" Growing into/from property Remove TBD
Maple fence line
49-51 6" Growing into/from property Remove
fence line
6" Growing into/from property Remove
fence line
Common Pear 7" Growing through a metal Remove TBD
59 clothesline
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Total caliper inches/feet of trees required to be replaced on TBD by the
site Design
Review
Board and
City Council
Total caliper inches removed from the site —1654"
38" (dead)
1616" (fair—
undesirable)
Total caliper inches proposed for mitigation 0"
Tree Replacement Calculations: The applicant is proposing to remove 84 trees and is not proposing
mitigation due to the specie, condition,or location of the trees. See page 19 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along Gleneagle Road,Hevostila Street,Falling Water Avenue,
and Harrier Drive.
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 light planning showing the location of the street lights was received. Detailed cutsheets showing the
height, illumination type,wattage,etc. were received;however,the specific details on the cutsheet are
not noted.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-75-23)has been
submitted for the approval of signs proposed on this 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—In close proximity to the southwest corner of the property.
Riparian Vegetation—Yes,along the canal bank
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Steep Slopes-No
Stream/Creek—Yes—Farmers Union Ditch
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 Historic Preservation Commission
Eagle Sewer District
Farmer's Union Ditch Company
Idaho Department of Environmental Quality
Idaho Department of Fish and Game
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
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;
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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
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, common drives, and
amenities. The owner shall provide an operation and maintenance manual including the
funding mechanism as an addendum to the CC&Rs and the repair and maintenance
requirement shall run with the land and the requirement cannot be modified and the
homeowner's association or other entity cannot be dissolved without the express consent
of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain-link) shall be
prohibited.
3.5 The required setbacks shall be as follows:
Front 20-feet(living and/or side entry garage)
31-feet(front-load garage)
Rear 25-feet
Interior Side 7.5-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
3.9 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the proposed and required landscape island 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), and 4) useable amenities such as picnic tables, covered shelters, benches,
gazebos,and/or similar amenities(if proposed).The design review application shall be reviewed
and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal
of the first final plat.
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3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal by the City Council)shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
4. The applicant shall place all overhead power lines serving the site underground. After placing the
power lines underground, the applicant shall remove all power poles located within the site and
remove the two(2)power poles located on the south side of the Farmers Union Canal prior to the
City Clerk signing the final plat.
5. Provide a revised preliminary plat (existing conditions) map showing all the existing structures
located within the site to be demolished.A revised preliminary plat(existing conditions)map shall
be provided prior to submittal of a design review application. The existing structures shall be
removed prior to the City Clerk signing the final plat.
13. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located 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.
14. The developer 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.All living trees shall be preserved,unless otherwise determined by the Design Review
Board and the City Council. 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 City Council)shall be
provided for City Council final 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.No trees shall be removed
from the site prior to city approval of a tree removal and replacement plan.
15. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
16. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7(J).
22. The 10-foot-wide concrete pathway located within Lot 1,Block 1,and Lots 1 and 2,Block 2,shall
be constructed prior to issuance of the first certificate of occupancy for a residential dwelling.
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D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(C): Retention,Removal, and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a.Where trees are approved by the city to be removed,replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of
coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous
trees.
b. When a homeowners association or its agent removes tree(s) from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required provided
the site remains in compliance with subdivision's approved landscape plan as determined by
the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple.Trees which are weak wooded,weak branched,suckering,damaged,diseased,insect
infested,or containing similar maladies may be exempt from replacement if removal is first
approved by the city.
d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section
8-1-2 of this title, the tree(s) may be removed without approval provided that the city is
notified after the tree's removal and provided with documentation indicating the tree's
condition at time of removal.
e.Planting within public rights of way shall be with approval from the city and the public entity
owning the property.
3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches,or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree
or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this
section.
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4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet(6'), or to the drip line,whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(M): Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall
be separated from the curb along all streets. An eight foot(8')wide minimum parkway planter
strip planted with shade class(class II)trees shall be required between the sidewalk and street
to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five(35)linear
feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight
foot(8')wide landscape strip between the sidewalk and the curb. Trees shall be planted at the
front of each lot generally located on each side lot line corner with the distance between trees
to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section.Requests
for use of alternative landscaping schemes are justified only when one or more of the following
conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil,vegetation,or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site,the required buffer yard is larger than can be
provided;and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection 01 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
3. Tree Fund:Persons applying for an alternative method of compliance for relief from regulations
that require all existing trees to remain on site may elect to make a financial contribution to the
Eagle city tree fund in lieu of retaining all trees on site. The condition(s)which warrants the
need for the tree fund alternate method of compliance shall be specified in the application
submitted under subsection 02 of this section. If the application is approved,the amount to be
contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)
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removed from the site and the total vertical feet of coniferous trees removed from the site.Cost
per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to review and
consider the value determination, and following said review, to reapply for other alternative
methods of compliance,without prejudice, in accordance with subsection 02 of this section.
• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from
the adjoining property.
3. Except as noted in subsection A4 of this section,all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light(including the lamp and any
nonopaque material/lens covering the lamp)shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet(20')for parking lots with less than two hundred(200)spaces;
b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less
than five hundred(500) spaces;
c. Thirty feet(30')for parking lots with more than five hundred(500)spaces;
d. Fifteen feet(15') for any pole within fifty feet(50') of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
6. Except as otherwise permitted within this title,incandescent lights,two hundred fifty(250)watt
maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)
shall be the only type of site and building lighting permitted.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Hevostila Estates Subdivision, a 38-lot (32-buildable, 6-common) residential subdivision. Street
trees are proposed along the frontages of Gleneagle Road,Hevostila Street,Falling Water Avenue,
and Harrier Drive.Amenities include pathways within the common areas,paver area with benches,
and a bocce ball court. Staff defers comment regarding the common area landscaping to the Design
Review Board.
• The applicant is proposing to remove 84 trees from the site. The 84-trees proposed for removal
total 1,654-caliper inches and consist of 38-caliper inches of dead trees, and 1,616-caliper inches
of undesirable/diseased trees, trees missing half of their canopy, and trees growing into the fence
line. The applicant is not proposing to mitigate for the 84-trees.
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 requires mitigation for the undesirable/diseased
trees,trees missing half of their canopy,and trees growing into the fence line,the applicant should
be required to provide a revised landscape plan showing an additional 1,616-caliper inches of tree
(808,2-inch caliper trees)planted on site or the applicant may opt to pay an in lieu fee into the tree
fund in the amount of$282,800.00 (1,616-caliper inches x$175.00 per caliper inch). The revised
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landscape plan should be reviewed and approved or payment to the tree fund should be received
by the City prior to 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.
• The landscape plan shows street trees along the internal streets of the development; however, Lot
4,Block 1, does not have a tree. Pursuant to Eagle City Code Section 8-2A-7(M),one shade class
II tree is required to be planted at the front of each lot with the distance between trees to be a
minimum of 35-feet and a maximum of 80-feet.
v
I. II
..'I 'II
The applicant should be required to provide a revised landscape plan showing the addition of a
street tree in front of Lot 4,Block 1.The revised landscape plan should be reviewed and approved
by staff prior to submittal of the final plat application.
• A street light plan and lighting cutsheet was submitted; however, the cutsheet doesn't identify
which height, color, illumination type,wattage, etc. The applicant should be required to provide a
revised street light cutsheet identifying the height, color, illumination type, wattage, etc. The
revised cutsheet should be reviewed and approved by staff prior to 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 January 11, 2024,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping with the site specific conditions of
approval.
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• The Board is in favor of not requiring mitigation for the Black Locust, Juniper, Black Cherry, Poplar,
and dead trees. The Board requested additional information regarding the Crabapple, Choke Cherry,
Amur Maple,Norway Maple, and Pear trees to determine if mitigation should be required.
• The Board recommended the applicant work with the City to determine if there is a potential to have
landscaping installed on the east and west sides of the pathway that runs north/south extending to
Floating Feather Road.
BOARD DECISION:
The Board voted 5 to 0(Merrill and Mihan absent)to recommend approval of DR-74-23 for a design
review application for the common area landscaping within Hevostila Estates 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 January 25, 2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 13,2024,at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-74-23 for a design review application for the common area
landscaping within Hevostila Estates 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-04-23/RZ-05-23/PP-05-23.
2. 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. The applicant shall
provide additional information (i.e. pictures, condition, etc.) of the Crabapple, Choke Cherry, Amur
Maple, Norway Maple, and Pear trees to determine if mitigation should be required for them. The
additional tree information shall be reviewed and approved by staff and one member of the Design
Review prior to the submittal of a final plat application.
3. Provide a revised landscape plan showing the addition of a street tree in front of Lot 4, Block 1. The
revised landscape plan shall be reviewed and approved by staff prior to submittal of the fmal plat
application.
4. Provide a revised street light cutsheet identifying the height,color, illumination type,wattage,etc.The
revised cutsheet shall be reviewed and approved by staff prior to submittal of a final plat application.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No signs are proposed with this application and none are approved.
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10. Provide physical material and color samples of the pump house and mailbox structures. The material
and colors shall be reviewed and approved by staff and one member of the Design Review Board prior
to submittal of the final plat application.
11. Provide revised pump house and mailbox structure elevations showing the metal roof material to have
concealed fasteners. The revised elevations shall be reviewed and approved by staff prior to submittal
of the final plat application.
12. Provide an enlarged landscape plan for the patio and seat wall area within the common area showing
the pavers, seat wall location, and landscaping around the patio area. The landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to submittal of the
final application.
13. Provide revised landscape plans that are stamped by a licensed landscape architect. The revised
landscape plan shall be reviewed and approved by staff prior to submittal of the final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
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All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company,ditch association, or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
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
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gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may
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.
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25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-74-23) 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-4-DA(Residential with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. 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 13th day of February 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
e,Mayor
,,,,,,,,,,,,,,,,,
ATTEST: GyT,, ,�,,,,
*'•GORPO�9•'CCCn ;_
Tracy E. O ,Eagle City Clerk �a•:err `I L ••
���•••�R1TI:U 1`n i•• �
F ID A� .••�,
Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis.
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