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Findings - DR - 2024 - DR-2023-39 - Bronco Acres - Common Area Landscaping Within Bronco Acres Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE COMMON ) AREA LANDSCAPING WITHIN BRONCO ) ACRES SUBDIVISION FOR MUSTANG ) CROSSING EAGLE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2023-39 The above-entitled design review application came before the Eagle Design Review Board for their action on March 14, 2024. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Mustang Crossing Eagle, LLC, represented by Stephanie Hopkins with KM Engineering, LLP, is requesting design review approval for the common area landscaping within Bronco Acres Subdivision. The 9.84-acre site is located at the northeast corner of North Park Lane and State Highway 44. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 26, 2023. Revised information (landscape plan)was received March 6,2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on July 31,2023,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 18,2007,the City Council approved a comprehensive plan text amendment,rezone with development agreement (in lieu of a PUD) and preliminary plat for Millpark V llage Subdivision(CPA-01-07/RZ-07-07/PP-09-07). On October 14,2008,the City Council approved an extension of time for the preliminary plat for Millpark Village Subdivision to be valid until December 18,2009. On March 9, 2010, the City Council approved an extension of time application for Millpark Village Subdivision until December 18,2010(EXT-28-09). On January 11,2011,the City Council approved an extension of time for the preliminary plat for Millpark Village Subdivision to be valid until December 18,2011 (EXT-13-10). The original executed development agreement (Instrument #108005081) associated with the property expired on January 15,2015. On July 25,2017,the City Council approved a rezone with development agreement(in lieu of a PUD)application for Mustang Crossing(RZ-04-17). On August 24, 2017, the Design Review Board approved a design review application for the common area landscaping, including the construction of a 4,515-square foot convenience store with fuel service and a 4,122-square foot fuel island canopy(DR-31-17). Page 1 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx On January 22, 2018, the City approved a modification to the common area landscaping for Jackson Food Stores(DR-31-17 MOD). On January 29, 2018,the Zoning Administrator approved a lot line adjustment associated with the subject property(LLA-08-17). On June 13, 2023, the City Council approved a development agreement modification and combined preliminary/final plat approvals for Bronco Acres Subdivision(a re-subdivision of a portion of Lots 1 and 9, and all of Lot 4, Block 2, Flint Estates Subdivision), an 8-lot (7- commercial, 1-residential/flex space)mixed use subdivision(RZ-04-17 MOD2&PP/FP-01-22). On February 13,2024,the City Council denied a development agreement modification to modify condition of development #3.12, removing the requirement to construct a six-foot (6') high precast concrete fence located adjacent to the northern boundary of the property (RZ-04-17 MOD3). E. COMPANION APPLICATIONS:None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use and Scenic MU-DA(Mixed Use with a Convenience store with Corridor development agreement[in fuel service and vacant lieu of a PUD]) property Proposed No Change No Change Mixed use commercial development North of site Mixed Use MU-DA(Mixed Use with a Warrior Park Subdivision, development agreement) single-family residence, and senior housing South of site Mixed Use MU-DA(Mixed Use with Camille Beckman and Development Agreement)and Eagle Island State Park PS(Public/Semipublic) • East of site Mixed Use MU-DA(Mixed Use with Arts West Subdivision Development Agreement) (commercial) West of site Mixed Use R-9-DA(Residential with a Proposed Skyview development agreement[in Subdivision consisting of lieu of a PUD])and MU-DA single-family attached (Mixed Use with dwellings and a Development Agreement[in commercial lot Lieu of a PUD]) 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 been developed with landscaping and pathways along State Highway 44 and landscaping, curb,gutter,and sidewalk along North Park Lane as part of Jacksons Convenience Store design review application. Page 2 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx J. SITE DATA: Total Acreage of Site—9.84-acres Total Number of Lots—8 Total Number of Units—0 Residential—0 Commercial—8 Industrial—0 Common—0 Single-family—0 Single-family attached—0 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 K. PARKING ANALYSIS: The parking analysis will be completed with the design review associated with the commercial buildings. L. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing a 10-foot-wide landscaped buffer located between the service drive aisle and the northern property line. Open Space: There are no common lots dedicated to open space. The Conceptual Site Plan(contained within the preliminary plat), date stamped by the City on February 14, 2023, shows the proposed building footprints with plaza areas. 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: Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide. Fire Hydrants and Water Mains: As conditioned herein, the fire hydrant locations will be reviewed and approved by the Eagle Fire Department prior to the City Engineer signing the final plat. The site contains an existing water main located within the service drive aisle,which is served by Veolia Water of Idaho. On-site Septic System(yes or no)—No. Preservation of Existing Natural Features: The site contains mature trees located adjacent to the northern property line. The applicant is proposing to retain the existing trees and add additional vegetation to provide a buffer to the adjacent property. Page 3 of 17 K1planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx 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:N/A N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The tree inventory provided with the design review application shows 74 existing trees on the site. The applicant is proposing to remove 14 trees and retain 60 trees.Below is a list of existing trees the applicant is proposing to remove from the site. Tree Specie Caliper/ Condition Remove/ Replacement Tree# Height Retained Inches/Feet per ECC Ponderosa 55' Good Remove TBD Pine(12) 1-12 Shore Line 25' Fair Remove 0' Pine(1) 13 Tulip(1) 2" Dead Remove 0" 43 Total caliper inches/feet of trees required to be replaced on TBD by the site Design Review Board and City Council Total caliper inches/feet removed from the site —680'/2" 660'(good) 25'(fair) 2"(dead) Total caliper inches proposed for mitigation 217" Tree Replacement Calculations: The applicant is proposing to remove 14 trees from the site. The applicant is proposing to mitigate for the twelve healthy Ponderosa Pine trees totaling 660-feet (equivalent to 101-6'-7' tall conifer trees or 101,2"caliper deciduous trees). The proposed mitigation is increasing the caliper inch size of deciduous trees from 2" to 3", add an additional 53, 3" caliper trees,and increase the height of conifer trees from 6'-7' to 8'-9'. See page 13 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Existing street trees are located along State Highway 44. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Page 4 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx Parking Lot Landscaping: The parking lot landscaping will be reviewed with the design review application associated with the commercial buildings. O. TRASH ENCLOSURES: Trash enclosure location, design, and screening will be reviewed with the design review applications associated with the commercial buildings. P. MECHANICAL UNITS:N/A Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location of the streetlights was received; however,a detailed cutsheet showing the height,style,illumination type,wattage,etc.was not received. R. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-19-18) was previously approved for the master sign plan for Mustang Crossing Subdivision. Any future multi- tenant buildings will require their own master sign plan. 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—no evidence Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees—Yes—located adjacent to the north property line and along State Highway 44 Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. X. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Eagle Fire Department Eagle Sewer District Historic Preservation Commission Idaho Transportation Department Y. LETTERS FROM THE PUBLIC:None received to date. Page 5 of 17 K:'Planning DeptEagle Applications\Dd2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx 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; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs, if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the Page 6 of 17 K:\Planning Dept\Eagle Applications\Dr\2023' ronco Acres Common Area Landscape DR-39-23'Bronco Acres Sub LS Findings DR.docx PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. CHAPTER 6: LAND USE 6.4 GENERAL LAND USE GOALS 6.4.3 General Land Use Implementation Strategies X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. Y. Commercial and subdivision development within the City should be subject to the Design Review process. 6.5 PARK LAND PLANNING AREA 6.5.1 Park Lane Uses C. All properties within the Park Lane Planning Area abutting State Street should be designed to promote trip capture by including a mix of residential uses,commercial uses(limited to lease spaces no larger than 30,000 square feet)and office uses. The properties abutting State Street should be reviewed and conditioned by the City through the use of a development agreement at the time of rezone. 6.5.2 Design A. Flint Estates Area 1. The Flint Estates area adjacent to State Highway 44 should be designed to provide commercial uses that encourage pedestrian circulation from the residential and high school areas, to complement the existing mixed-use area at State Street and Park Lane(Camille Beckman)and planned new residential uses adjacent to the north. 2. Street trees, benches and sidewalks are encouraged within the Park Lane Planning Area. 3. Common parking areas at the side of buildings and joint parking agreements should be encouraged so walking distances between buildings are minimized and provide a pedestrian scale to the area. 4. The activity centers and building orientation should focus on internal circulation streets rather than the regional transportation network. 6.5.3 Park Lane Access/Connectivity B. Cross-access agreements and shared service roads should be encouraged throughout the area and should be a requirement for all non-residential development. Page 7 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx CHAPTER 10: COMMUNITY DESIGN 10.2 COMMUNITY DESIGN GOALS A. Protecting the City's Character: Strive to create an aesthetically pleasing community and protect the unique natural beauty and small-town character of the City. B. Establish and enforce high design standards for landscaping,buildings,signage,and community investment to ensure that residents, visitors, and those passing through the community know when they have entered the City of Eagle. 10.3 COMMUNITY DESIGN OBJECTIVES A. Enhance the appearance of the City. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings,more extensive landscaping and fewer points of access may be required. E. Recognize the demand that the regional transportation system will have on land use and community design. Establish,appropriately scale and stringently enforce design standards for activity centers and nodes along these corridors to both serve the needs of the community and those passing through. 10.4 COMMUNITY DESIGN IMPLEMENTATION STRATEGIES: G. Include in the City Design Review Ordinance criteria for building design, landscaping,signage,and other aesthetic standards. Development along State Street within the Area of City Impact and outside the City limits shall be encouraged to comply with the Design Review Ordinance. J. Require new residential, commercial,and industrial development to meet minimum design standards as specified by City Ordinances. U. Protect and enhance the small-town character of the City by ensuring building scaling is appropriate to the site and by requiring signage which is creative and distinctive, compatible with its surroundings, and an integral component of the style and character of the building to which it relates. LL.Recognize the following scenic/entry corridors: 1. State Highways 44(State Street and Alternate Route); 2. State Highway 16; 3. US 20/26(Chinden Boulevard);and 4. SH-55 (Eagle Road). B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.1 Owner will develop the Property subject to the conditions, limitations and rights set forth in this Development Agreement. Further,Owner will submit such applications regarding design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 Owner shall complete the Design Review process for the site(as required by the Eagle City Code) and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 3.3 The Concept Plan(Exhibit"C")represents the Owner's current concept for completion of the Project. As the Concept Plan evolves, the City understands and agrees that certain Page 8 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community,a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. 3.9 Owner shall provide a property use and common area maintenance agreement "Agreement"containing conditions,covenants and restrictions for the Property which shall contain at least the following: (a) A requirement for the placement of street trees located behind the attached sidewalks. 3.10 All common areas are to be privately owned but shall be described in and subject to a reciprocal easement allowing for common use by all property owners within the development as provided in the Agreement. The Agreement shall require that a designated property owner or group(i.e.business owner's association)will be responsible to maintain all common areas for the development. The Owner shall provide a copy of the Agreement (which include a similar statement regarding common areas) for review and approval by the City Attorney prior to the issuance of a zoning permit. 3.12 The development shall include a ten foot (10') wide buffer area adjacent to the northern boundary of the Property as noted in the Concept Plan.The ten foot(10')wide buffer area shall contain a pre-cast concrete fence six feet(6') in height. The pre-cast concrete fence shall be constructed prior to the issuance of the first building permit. As noted in the Concept Plan, the development shall include the required buffer area adjacent to N. Park Lane and State Highway 44 based upon the location of the parking areas and buildings per Eagle City Code. 3.13 Owner shall submit a design review application with each portion or phase of the Property that is being developed showing at a minimum the following as applicable: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of any irrigation pump house(if proposed),and 5)useable amenities such as picnic tables, covered shelters, benches, gazebos, bike racks, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to commencing construction of the applicable structure(s). 3.14 All living trees shall be preserved unless otherwise determined by the City Council. A detailed landscape plan showing how the trees will be preserved (unless approved for removal by the City Council) shall be provided prior to the submittal of a final plat application. Construction fencing shall be installed to protect all trees that are to be preserved,prior to the commencement of any construction on the site. 3.18 The development to the east of the Property includes a road stubbed to the Property. If the owner of the property to the east is subject to a lawful requirement to provide connectivity between its property and this Property, Owner will provide connectivity with the adjacent property to the East. As part of any development of the remainder of the Property subsequent phases following Phase 1, Owner will provide a cross access agreement with the adjacent property owner to the east. The cross-access agreement shall be executed, recorded and referenced prior to the issuance of a zoning certificate for development of future phases of the Property. Page 9 of 17 K:\Planning Dept'Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 14. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board), including, but not limited to, both sides of the service drive aisle,parking lot islands, and northern buffer area,within this development, or as approved by the Design Review Board. 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 buildings. 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. 15. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the Design Review Board's direction)to protect all trees that are to be preserved,prior to the commencement of any construction on the site. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-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. Page 10 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx 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. 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. E. DISCUSSION: • The applicant is requesting design review approval for the common area within Bronco Acres Subdivision(a re-subdivision of a portion of Lots 1 and 9, and all of Lot 4, Block 2, Flint Estates Subdivision), an 8-lot (7-commercial, 1-residential/flex space) mixed use subdivision. The common area consists of street trees, pathway along State Highway 44 (existing), and sidewalks. Staff defers comment regarding the common area landscaping to the Design Review Board. • The landscape plan shows a detail for a 6-foot tall precast concrete fence to comply with development agreement condition 3.12.INK LJAG 4 6'SOLID PRECAST CONCRETE WALL ars Staff defers comment regarding the style and color of the precast concrete fence to the Design Review Board. Page 11 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx • The applicant is proposing to remove 14 trees from the site. The applicant is proposing to mitigate for the 12 healthy Ponderosa Pine trees (660-feet equivalent to 110, 6'-7' tall conifer trees or 2" caliper trees) and not mitigate for the Shoreline Pine and Tulip tree due to their condition (fair/dead). The applicant is proposing to mitigate the trees by increasing the size of 18 deciduous trees on the site from the required 2" caliper to 3"caliper(18"), add 53, 3"caliper tress in excess of code requirements(159"),increase the height of the conifer trees from the required 6'-7'to 8-9' (30' if planted at 8' tall), and add 12, 8'-9' tall conifer trees in excess of code requirements (84'). The total proposed mitigation (177 caliper inches and 114-feet) is equivalent to 107-trees which will satisfy the required mitigation.Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a),existing trees are required to be retained on site unless removal is approved in writing by the City.Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an equivalent amount of caliper inches is required to be replanted and for each vertical foot of coniferous tree removed,an equivalent amount of vertical feet is required to be replanted. Staff defers comment regarding the removal of the trees and proposed mitigation to the Design Review Board. If the City approves the removal of the trees and accepts the proposed mitigation,no additional trees are required. 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 March 14,2024,at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board is in favor of the proposed common area landscaping. • The Board is in favor of the proposed tree mitigation the applicant has submitted. • The Board is in favor of the proposed precast concrete wall present to the Board at the meeting. The Board recognized that the existing trees along the north property line will likely need to be removed to accommodate the wall; however, the posts of the wall will be less intrusive on the root system of the existing trees in the event they are able to retain any. BOARD DECISION: The Board voted 4 to 0(Grubb and Greer absent)to recommend approval of DR-2023-39 for a design review application for the common area landscaping within Bronco Acres Subdivision,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-04-17 and PP/FP-01-22. 2. If-tThe City approves the removal of the trees and accepts the proposed mitigation,no additional trees are required. Page 12 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx 3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 4. 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. 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 7. No ground mounted mechanical units are proposed with this application and none are approved. • 8. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building. 9. No signs are proposed with this application and none are approved. 10. The revised landscaping plan, date stamped by the City on March 14, 2024, showing the six foot tall precast concrete fence detail is approved. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department,including but not limited to approval of the drainage system,curbs,gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Page 13 of 17 K:\Planning Dept'Eagle Applications\Dd2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District.Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to,landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 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 Page 14 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County,State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may 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 Page 15 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-39-23) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and subdivision landscaping is permitted with the approval of a design review application within the MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed common area landscaping is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district—Not applicable for a landscape plan; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features; E. Will have facades, features, and other physical improvements that are designed as a whole,when viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for a landscape plan; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development — Not applicable for a landscape plan; Page 16 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx 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. DATED this 28th day of March 2024. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho / ` Walt- Lind;. Chairman ATT ST: OF 0�1,�Rq� •. ik.:14Liy.(1 • Tracy E.Osb ,Ea le ity Clerk ;•�• S E��L •v,�••••••**� 0 %, 1�1 OF ID 1.,, Page 17 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\Bronco Acres Common Area Landscape DR-39-23\Bronco Acres Sub LS Findings DR.docx