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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). Page 1 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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 Page 2 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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). Page 3 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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 Page 4 of 22 K:\Planning Dept\Eagle Applications\Dr\2023'Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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; Page 5 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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 Page 6 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC docx 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 Page 7 of 22 K:\Planning Dept\Eagle Applications\Dr\2023'}Ievostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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 Page 8 of 22 K:\Planning Dept\Eagle Applications\Dr\2023u-Ievostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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 Page 9 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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; Page 10 of 22 K:\planning Dept\Eagle Applications\Dr\2023'Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 11 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 12 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 13 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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) Page 14 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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 Page 15 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 16 of 22 K:\Planning Dept'Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx • 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. Page 17 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 18 of 22 K:Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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 Page 19 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 20 of 22 K\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 21 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Hevostila Estates Sub LS Findings CC.docx 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. Page 22 of 22 K:\Planning Dept\Eagle Applications\Dr\2023\Hevostila Estates Sub LS DR-74-23\Flevostila Estates Sub LS Findings CC.docx