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Findings - CC - 2024 - DR-2023-22 MOD1 - Design Review for a Modification to the Common Area Landscaping within Rocking A Ranch Sub BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION TO ) THE COMMON AREA LANDSCAPING WITHIN ) ROCKING A RANCH SUBDIVISION FOR ) ALSCOTT REAL ESTATE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2023-22 MOD1 The above-entitled design review application came before the Eagle City Council for their action on July 9, 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: Alscott Real Estate, LLC, represented by Rodney Evans with Rodney Evans + Partners, LLC, is requesting design review approval to modify the common area landscaping within Rocking A Ranch Subdivision.The 171.9-acre site is located on the east side of North Eagle Road,approximately 1,300- feet north of East Beacon Light Road at 3980&3250 North Eagle Road,372 East Beacon Light Road, and Lots 1,2,3,&4,Block 1,Equestrian Estates Subdivision No. 1. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 23, 2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 1,2023, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 14, 2023, the Eagle City Council approved an annexation, rezone from RUT(Rural Urban Transition — Ada County designation) to A-R-DA-P (Agricultural-Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat for Rocking A Ranch Subdivision, a 39-lot (34-buildable, 5-common) residential planned unit development(A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22). On June 13, 2023, the Eagle City Council approved a design review application for the common area landscaping within Rocking A Ranch Subdivision(DR-22-23). On June 13, 2023, the Eagle City Council approved a design review application for two subdivision entry features with gates and four subdivision entry monument signs for Rocking A Ranch Subdivision (DR-23-23). E. COMPANION APPLICATIONS:None. Page 1 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Agriculture/Rural A-R-DA-P(Agricultural-Residential Single-Family Residential with a development agreement—PUD Planned Unit Development Proposed No Change No Change No change North of site Agriculture/Rural RUT(Rural-Urban Transition—Ada Undeveloped foothills County designation) South of site Agriculture/Rural RUT(Rural-Urban Transition—Ada Equestrian and Single Family County designation)and R1(Ada Residential(Cedith Estates County Designation) Subdivision) East of site Agriculture/Rural RUT(Rural-Urban Transition—Ada Single Family Residential and County designation) Agricultural West of site Agriculture/Rural RUT(Rural-Urban Transition—Ada Single Family Residential County designation) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site is currently used for agricultural purposes. J. SITE DATA:No Change. Total Acreage of Site— 171.9 acres Total Number of Lots—39 Residential—34 Commercial—0 Industrial— 0 Common—5 Total Number of Units—34 Single-family-34 Multi-family—0 Commercial—0 Total Acreage of Any Out-Parcels—0 Page 2 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx Additional Site Data Proposed Required Dwelling Units Per Gross Acre 0.19 Dwelling Units/Acre 0.2 Dwelling Units/Acre (maximum) Minimum Lot Size 2.5 acres* 4.7 acres Minimum Lot Width 100 feet 100 feet Minimum Street Frontage 66.7 feet 35 feet Total Acreage of Common Area 43.33 acres 34.37 acres Open Space Percent of Site as Common Area 25% 20% Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs *A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. K. GENERAL SITE DESIGN FEATURES:No Change. Landscape Screening: The applicant is proposing 100 foot(100') wide common lot and buffer area along their Eagle Road frontage,which is in excess of the requirements of Eagle City Code 8-2-A-7(J). The applicant's buffer section provides a 10-foot wide detached concrete sidewalk in front of an eight foot(8')tall landscaped berm, with a six foot (6') tall fence behind the berm adjacent to the individual property lines. The buffer areas will all be landscaped in accordance with ECC 8-2-A. Common Area Open Space: ECC Section 9-3-8 does not require open space for subdivisions that are zoned R-1, R-E, of A-R, however,PUDs require 20%open space.The applicant has provided 43.6 acres of open space,or 25% open space. This exceeds the 20%open space typically required for PUDs. Reduced lot sizes may be approved with an offsetting increase in open space, which is added to 10% of the site to determine total open space required, which must meet or exceed 20%. The site is 171.8 acres; 10% of site is 17.2 acres; 20% of site is 34.4 acres. The difference in lot sizes between what is required by code and what the applicant has proposed is 44.1 acres. Therefore, 61.3 acres is required (10% + offsetting increase). The applicant has provided 43.6 acres of open space. This is not enough offsetting increase in open space to justify the reduced lot sizes. The applicant has requested a waiver of the offsetting increase in open space(ECC 8-6-5-5)as part of their conditional use permit. Almost all of the open space is proposed as active open space with extensive equestrian trails for residents,a community barn/clubhouse,a pollinator garden with walking paths,and multiple man-made ponds for wildlife viewing with perimeter pathways.A pathway is also proposed around the perimeter of the project within a twenty-five foot(25')wide pathway easement through individual lots. 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&R's 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 Page 3 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MOD1\Rocking A Ranch Sub LS MOD Findings CC.docx 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: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes)—The applicant is proposing individual septic systems for each lot. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. 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. L. BUILDING DESIGN FEATURES: Community Center, 27' tall No Change. Roof: Asphalt Shingles(Black) Walls: Montana Timber Products Ranchwood (Ranchwood Western), Big Horn Mountain Natural Stone(Tans) Windows/Doors: Vinyl(Black) Fascia/Trim: Eastern White Pine Timber(Heritage Natural Finishes) Pump House, 16' 1 %2"tall Roof: Asphalt Shingles(Black) Walls: Eastern White Pine Timber Frame with Oak Pegs(Natural finish) Windows/Doors: Wood(Black) Fascia/Trim: Wood(SW 6083 Sable) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: On June 13, 2023, the City Council approved the common area landscaping for Rocking A Ranch Subdivision, including the removal of 80-trees on the site. The revised tree mitigation plan, date stamped by the City on April 23, 2024, shows an additional 32- trees proposed for removal.Below is a list of the additional existing trees on the site that are proposed to be removed. Tree Specie Caliper/ Condition Remove/ Replacement Height Retained Inches/Feet per ECC Apricot 14" Poor, major branch failure Remove 0" Apple 4" Poor, decay and borers Remove 0" 10" Poor,major limb failure Remove 0" Black Locust 6" Infected with borers,root Remove TBD „ suckering and stump sprouts 4 (all Black Locust) Remove TBD 40" Remove TBD Page 4 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MOD1\Rocking A Ranch Sub LS MOD Findings CC.docx 16" Remove TBD 18" Remove TBD 6" Remove TBD 8" Remove TBD 4" Remove TBD 4" Remove TBD 8" Remove TBD 5" Remove TBD Black 6" Fair Remove TBD Cottonwood 4" Good Remove TBD 5" Good Remove TBD 6" Good Remove TBD 4" Good Remove TBD Siberian Elm 4" Poor,root disturbance Remove TBD 12" (all Elm) Remove TBD 6" Remove TBD 8" Remove TBD 4" Remove TBD 8" Remove TBD 8" Remove TBD 10" Remove TBD 10" Remove TBD 12" Remove TBD 2" Remove TBD Green Ash 4" Poor Remove 0" Littleleaf 4" Fair, soil disturbed,piles Remove 0" Linden around base,tree is tilting 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 —264" (poor/ undesirable) Total caliper inches proposed for mitigation 0" Page 5of19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx Tree Replacement Calculations: The applicant is not proposing mitigation for the removal of 32 trees. See discussion on page 23 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along the internal streets of the subdivision. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping:No Change. Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8%interior landscaping is required, 16% is proposed. N. TRASH ENCLOSURES:No Change. One (1) 144-square foot trash enclosure is proposed to be located near the northwest corner of the community center.The enclosure is proposed to be constructed of Ranchwood vertical siding and metal framed with Ranchwood vertical siding gates; all of which will match the materials and colors used in the construction of the community center. O. MECHANICAL UNITS:No Change. The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with landscaping. No rooftop mechanical units are proposed, and none are approved. P. OUTDOOR LIGHTING:No Change. A site and parking lot light plan showing location and detailed cutsheets of the proposed lighting showing the style, color, wattage, illumination type, etc. has been received and complies with Eagle City Code Section 8-4-4-2. Q. SIGNAGE:No Change. No signs are proposed with this application. A separate design review application(DR-23-23)has been submitted for the approval of subdivision signs. R. PUBLIC SERVICES AVAILABLE:No Change. A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within the City of Eagle Water service area and within the boundaries of the Eagle Sewer District. S. PUBLIC USES PROPOSED:None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees—Yes,mature trees throughout the site Riparian Vegetation-no Page 6 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MOD1\Rocldng A Ranch Sub LS MOD Findings CC.docx Steep Slopes-no Stream/Creek-no Unique Animal Life-unknown Unique Plant Life-unknown Unstable Soils-unknown Wildlife Habitat-unknown V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. W. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Eagle Fire Department Eagle Sewer District Idaho Department of Fish and Game X. LETTERS FROM THE PUBLIC:None received to date. Y. 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; Page 7 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx 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: Agricultural/Rural Suitable for parcels that are five acres or larger in size may include active agriculture, viticulture, equestrian, and estate or large lot residential. Uses include low density housing with significant space between homes that are close to native open space and active farmland. Rural uses are not amenity- based (sewer, water, schools) and are located away from goods and services. These areas encourage the keeping and raising of crops or animals and do not necessarily include manicured yards, sidewalks, bike paths, or planned park and recreation facilities. Density may be limited due to the limited availability of infrastructure and roadway capacity. The intent of the rural planning area is to identify an area within the City's plan where large lot,rural, and agricultural uses are enhanced and preserved. Rural is defined as: "Use that harkens back to a time gone by that includes low density housing(5 to 10 acre lots)with significant spaces between homes that are close to native and open space and active farmland.Rural uses are not amenity based and are located away from goods and services. These areas encourage the keeping and training of animals and raising of crops and do not normally include manicured yards, sidewalks,bike paths, or planned park and recreation facilities." 6.19.1 RURAL PLANNING AREA USES: D.The city should discourage the subdivision or splitting of active and or irrigated farmland within the rural planning area. The city should establish ordinances that limit the development of lands with active agricultural exemptions and prime farmland as established by the USGS. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing trees located on site.The report shall identify,at a minimum,species,size,and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2. 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). Page 8 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx 12. The conditions,covenants and restrictions for the Property shall contain at least the following: (f) A wildlife habitat management plan that includes but is not limited to:wildlife friendly fencing specifications, plant species permitted and restricted on site, an invasive and noxious weeds management plan, community education and outreach,management of nuisance wildlife, and a mechanism for oversight and funding in perpetuity. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(A): General Objectives and Considerations: 5. Utilities:Utility service systems shall not detract from building or site design. Cable,electrical, and telephone service systems shall be installed underground,and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board.All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations;and d. The continued maintenance of these service systems. • Eagle City Code Section 8-2A-6(B)(3): Fences: a. Block(with columns),which may include brick,rock, stone or similar veneer; b. Brick(with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. However,powder coated chain link fencing may be permitted for use on school sites. Page 9 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MOD 1\Rocking A Ranch Sub LS MOD Findings CC.docx • 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. 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(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: Page 10 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx 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) 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. E. DISCUSSION: • On June 13, 2023, the common area landscaping within Rocking A Ranch Subdivision was approved. The applicant is requesting design review approval to modify the common area landscaping to address the changes required during the City of Eagle Water and City Engineer review. Changes required include: • The two smallest ponds in the habitat open space(northeast of the project)were removed. The 16,152-square feet of surface area has been proposed as increased habitat open space seeding and planting. • The large pond with the island(northwestern area of the open space)was modified. • Two southernmost ponds in the open space (due east of the community barn)were combined to form one large pond. • Spillways between ponds (stream transitions) have been modified due to grading challenges. Four have been removed and are now piped underground from pond to pond. Two spillways remain. • A City of Eagle Water system pump house for booster pumps, gravel access driveway, and fencing have been added(south of the community barn). • Pressurized pump station enclosure increased in size and is a larger metal enclosure and powder coated gray. • A common lot was added to locate a water main connection (northwest corner of the development). Page 11 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx • Three-rail steel board fencing has been proposed in lieu of the wood stained three-rail fence with metal columns. Staff defers comment regarding the proposed modifications to the Design Review Board. • The applicant is proposing to remove 32 trees from the site(in addition to the 80-trees previously approved for removal). The 32-trees proposed for removal total 264-caliper inches and consist of trees in poor/fair (tilting) condition or undesirable (Black Locust, Cottonwood, and Elm). The applicant is retaining a total of 93-trees on the site. 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 32-trees,the applicant should be required to provide a revised landscape plan showing an additional 264-caliper inches of tree(132, 2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a"Notice to Proceed"with construction letter -OR- If the City approves the removal of the trees and required mitigation for the 32-trees the applicant may opt to pay an in lieu fee into the tree fund in the amount of$46,200.00(264-caliper inches x $175.00 per caliper inch). The payment to the tree fund should be received by the City prior to the issuance of a"Notice to Proceed"with construction letter. -OR- Any other combination of planting additional trees on site and/or a contribution to the tree fund as may be approved by the City. A revised landscape plan and/or contribution to the tree fund should be reviewed and approved and/or submitted to the City prior to the issuance of a "Notice to Proceed"with construction letter. • In addition to the required changes,the revised landscape plan shows modifications to the pollinator garden reducing the amount of plant material that was previously approved. Proposed Pollinator Garden - • AL. 4__..:-,,+,..a_ / Wir,• O. , __c'^_:,-;__-_-._ ..--,,a.„-L-43-, ,,--------- ----- (!CO rt Ike. , , . - - --------.-.10s. ----_, - ., '- vs,'. - ibr, \ e'. ...0 '::::-- - ',/(534' \v, fr _-,„---- --\\ir:—; � , / Page 12 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx Previously Approved Pollinator Garden 3 f O B O �E- E 1E '1-E -E E _E ® ® • �.___. /"� O { __ .®®._.y may} -p ®$ �' ® ©-'IJ ®®-Et L'J� LJ tip ___ ® 6 Y fr C= ° rt N - , -� t ( t � ;@ BEI' n• �5. �a., t i '11j. `., , C., '8:::-.1i:i. C74, rho ® m al � ® ® 111 El Staff defers comment regarding the proposed changes to the pollinator garden to the Design Review Board. • The landscape plan shows the 10-foot wide pathway, shown around the boundary of the subdivision, veers south at the northeast corner of the site into Lot 30, Block 1, where a pathway easement is not shown. / i / The applicant should be required to provide a recorded easement for the pathway located within the residential lot(Lot 30, Block 1). A copy of the recorded easement should be required prior to the issuance of a"Notice to Proceed"with construction letter. • The booster pump well house elevation shows materials and colors of the building; however, not all materials and colors are called out. The applicant should be required to provide revised booster pump well house elevations showing all materials and colors proposed on the building.The revised elevations should be reviewed and approved by staff and one member of the Design Review Require Board prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 13, 2024, at which time the Board made their decision. Page 13 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC docx 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 modifications to the common area landscaping. • The Board is in favor of the removal of 32 trees. The proposed caliper inches of trees on the site more than exceed the mitigation requirements. BOARD DECISION: The Board voted 4 to 0 (Greer recused; Lindgren and Duperault absent) to recommend approval of DR- 2023-22-MOD1 for a design review application for a modification to the common area landscaping within Rocking A Ranch Subdivision, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated June 27,2024. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 9,2024,at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-2023-22-MOD 1 for a design review application for a modification to the common area landscaping within Rocking A Ranch 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-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22 and DR-2023-22. 2. The City approves the removal of the trees and does not require mitigation, no additional trees are required. 3. Provide a recorded easement for the pathway located within the residential lot (Lot 30, Block 1). A copy of the recorded easement shall be required prior to the issuance of a "Notice to Proceed" with construction letter. 4. Provide revised booster pump well house elevations showing all materials and colors proposed on the building.The revised elevations shall be reviewed and approved by staff and one member of the Design Review Require Board prior to the issuance of a zoning certificate. 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 ground mounted mechanical units are proposed with this application and none are approved. 10. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none are approved. Page 14 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx 12. Provide a revised landscape plan showing all notes,cross sections,contour lines,pathway construction, etc.that were previously approved with DR-2023-22.The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department,including but not limited to approval of the drainage system,curbs,gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District.Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 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 Page 15 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MOD Mocking A Ranch Sub LS MOD Findings CC.docx copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.; Commercial,Industrial, Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 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 Page 16 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MOD 1\Rocking A Ranch Sub LS MOD Findings CC.docx Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application,shall require the applicant to submit a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from approval date). 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. Page 17 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-2023-22-MOD1) 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 A-R-DA-P(Agricultural-Residential with a development agreement—PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed common area landscaping is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since—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 18 of 19 K:\Planning Dept\Eagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MODI\Rocking A Ranch Sub LS MOD Findings CC.docx DATED this 9tn day of July 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Brad Pike,Mayor ,•s,oawwu,.,,,,, AT ;ST .•' �l OF E, •. •••.� Tra`'I_. Osborn,Eagle City Clerk *:yam S EA L�'` * •� J),•. OR A. .•� vl 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 19 of 19 K:\Planning Dept\bagle Applications\Dr\2023\Rocking A Ranch Sub LS MOD DR-2023-22-MOD I\Rocking A Ranch Sub LS MOD Findings CC.docx