Findings - DR - 2024 - DR-2024-26 - Oakwood Meadows - Common Area Landscaping Within Oakwood Meadows Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN OAKWOOD MEADOWS)
SUBDIVISION FOR BUFFALO HUMP,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-26
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 27,2024. 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:
Buffalo Hump, LLC, represented by Sanel Tucakovic, is requesting design review approval for the
common area landscaping within Oakwood Meadows Subdivision. The 2.8-acre site is located on the
north side of West Oakhampton Drive approximately 200-feet east of the intersection of West
Oakhampton Drive and South Mallard Wing Way at 1920 West Oakhampton Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 25, 2024. Revised information
(landscape plan)was received June 18,2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 1,2024,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 10, 2015, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition—Ada County designation)to R-E(Residential-Estates)for Shane and Sharon Mace(A-04-
14/RZ-04-14).
On February 10,2015,the City Council approved a setback waiver and conditional use permit to allow
a mobile home occupied by a family member to be located on the property(CU-07-14).
On March 12, 2024, the City Council approved a rezone from R-E (Residential-Estates) to R-2-DA
(Residential with a development agreement)and combined preliminary plat and final plat for Oakwood
Meadows Subdivision, a 5-lot (4-buildable, 1-common) residential subdivision(RZ-11-23 & PP/FP-
02-23).
E. COMPANION APPLICATIONS:None.
Page 1 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-E(Residential-Estates) Single-family dwelling
Proposed Neighborhood R-2-DA(Residential with Residential subdivision
a development agreement)
North of site Neighborhood R-2-P(Residential— Single-family residential
PUD) subdivision
(Banbury Meadows)
South of site Neighborhood R-2-DA-P(Residential Single-family residential
with a development subdivisions(Banbury Meadows
agreement—PUD) and Creighton Woods)
East of site Neighborhood R-3-DA(Residential with Single-family residential
a development agreement) subdivision
(Banbury Meadows)
West of site Neighborhood R-2-DA-P(Residential Single-family residential
with a development subdivision(Creighton Woods)
agreement—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 curb, gutter, and sidewalk as part of Creighton Woods Subdivision.
The site has an existing house and accessory structures which will be removed.
J. SITE DATA:
Total Acreage of Site—2.8-acres
Total Number of Lots—5
Residential—4
Commercial—0
Industrial—0
Common— 1
Total Number of Units-
Single-family—4
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Page 2 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.4 dwelling units/acre 1.4 dwelling units/acre (as
limited by the development
agreement)
Minimum Lot Size 0.58-acres 0.39-acres
Minimum Lot Width 117.25-feet 75-feet
Minimum Street Frontage 75-feet 35-feet
Total Acreage of Common Area 0.51-acres 0.5-acres(minimum)
Open Space
Percent of Site as Common Area 18.2% 18%(minimum)
Percent of Common Area Open 83.7% 15%(minimum)
Space as Active OS
K. PARKING ANALYSIS:N/A
L. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of.51-acres,approximately 18.2%of open space,is proposed within the subdivision.The open
space is contiguous to all four lots within the subdivision.The subdivision contains a large common lot
which may be utilized as a children's play area or a dog play area.
Storm Drainage and Flood Control:
Storm drainage and parking lot construction plans were submitted with this application and are required
to be reviewed and approved by the City Engineer. Lots are required to be graded so that all runoff
runs either over the curb, or to drainage easements, 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.The proposed
easement widths are in conformance with Eagle City Code. The applicant will be required to bury the
overhead power located within the site.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Meridian Fire District.
On-site Septic System—Yes
The site contains an existing residential dwelling. The applicant will be required to provide proof
indicating the septic system has been abandoned.
Preservation of Existing Natural Features:
There are a few mature trees located within the site. Eagle City Code Section 9-3-8 (B) states that
existing natural features which add value to residential development and enhance the attractiveness of
the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be
preserved in the design of the subdivision.
Page 3 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
Preservation of Existing Historical Assets:
The City is not aware of any existing historical assets on the site. If during excavation or development
of the site,any historical artifacts are discovered,state law requires immediate notification to the state.
M. BUILDING DESIGN FEATURES:N/A
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are 68-existing trees on the site. The
applicant is proposing to remove 43 and retain 25. The trees identified to be removed are Elm,
Cottonwood, Russian Olive, Lombardi Poplar, Black Walnut, Black Locust, Plum, Silver Maple,
Mulberry,and Alder.
Tree# Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
1 Row Elm 1-2" Trash tree Remove N/A
Suckers each
(5-7 leaders)
2-4,40 Cottonwood 13" Trash tree Remove TBD
(5 leaders) 16" Trash tree Remove
17" Trash tree Remove
55"/35" Trash Tree Remove
5 Multi-trunk 2-4" Trash tree/shallow root Remove TBD
Cottonwood system
(2 leaders)
6 Row of 12' each Good Retain N/A
Austrian Pine
(20 leaders)
7-10 Multi-trunk 2-4" Highly invasive Remove TBD
Olive 2-4" Highly invasive Remove
(4 leaders) 2-4" Highly invasive Remove
2-4" Highly invasive Remove
12 Multi-trunk 2-4" Trash tree/invasive Remove TBD
Lombardy
Poplar
(4 leaders)
13 Multi-trunk 2-4" Trash tree/invasive Remove TBD
Black Walnut
(4 leaders)
14 Aspen 2-5" Clumping Remove TBD
(8 leaders) each
15 Multi-trunk 2-4" Trash tree Remove TBD
Page 4 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
Poplar
16, 18, Poplar 2" Trash tree Remove TBD
44,45 (5 leaders) 5"/5" Trash tree Remove
18" Trash tree Remove
18" Trash tree Remove
17 Spruce 40' Good Remove 40'
19-20, Black Locust 13" Trash tree/invasive Remove TBD
24,
34,37� (7 leaders) 1-2" Suckers Remove
38 2-4" Trash tree/invasive Remove
29" Trash tree/invasive Remove
26" Trash tree/invasive Remove
31.5" Trash tree/invasive Remove
1-2" Trash tree/invasive Remove
21, 33 Juniper 15' Good Remove 15'
Cedar 25'/25' Good Remove 25'/25'
(3 leaders)
22,29, Oak 24" Good Remove 24"
31,35 (6 leaders) 21.5" Good Retain N/A
7" Good Remove 7"
3" Good Remove 3"
23 Plum 2-4" Clumping Remove TBD
25,41, Silver Maple 2-4" Trash tree Remove TBD
43 (6 leaders) 16.5" Trash tree Remove
37" Trash tree Remove
26 Pear 9" Good Remove 9"
27 Apple 11.5" Good Remove 11.5"
28,36 Mulberry 1-2" Suckers Remove TBD
Suckers 2-4" Clumping Remove
30,39 Alder 1-2" Suckers Remove TBD
(3 leaders) 6" Split trunk Remove
-
42 Blue Spruce 65' Good Remove 65'
46 Norway 3" Good Retain N/A
Maple
(4 leaders)
Total caliper inches/feet of trees required to be TBD by the
replaced on site Design Review
Board and City
Page 5 of 18
K:\Planning DeptEagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
Council
Total caliper inches removed from the site 468"
Total feet removed from the site 170'
Total caliper inches proposed for mitigation 10"
Tree Replacement Calculations: The applicant is proposing to plant 12,2.5" caliper trees (6"counted
towards mitigation), 4, 3" caliper trees (4" counted toward mitigation), 10, 8'-9' tall Norway Spruce
(20' counted towards mitigation),and 7, 8'tall Blue Colorado Spruce(14' counted towards mitigation
for a total of 10"and 34' of mitigation. See discussion on page 11 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: There are existing street trees along West Oak Hampton Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:N/A
Q. OUTDOOR LIGHTING:No streetlights are proposed with this application.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
submitted and approved prior to the construction of signs within this development.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
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.
Page 6 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
X. 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 Environmental Quality
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8:2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a.The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c.The actions,if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
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.
Page 7 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
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:
Neighborhood Residential
Suitable for single family residential.Densities range from 2 units per acre to 4 units per acre.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed common
area landscaping, 2) elevation plans for the irrigation pump house (if proposed), 3) landscape
screening details of the irrigation pump house (if proposed), and 4) useable amenities such as
picnic tables, covered shelters, benches, gazebos, water features, and/or similar amenities (if
proposed). The design review application shall be reviewed and approved by the Eagle Design
Review Board and Eagle City Council prior to the issuance of a Notice to Proceed(NTP) with
construction letter by the City.
C. COMBINED PRELINARY/FINAL PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
1. Provide a copy of the executed pressurized irrigation agreement between Oakwood Meadows
Subdivision and Creighton Woods Subdivision Homeowner's Association prior to the issuance of
a notice to proceed with construction (NTP) letter by the City -OR- construct a stand-alone
pressurized irrigation system in accordance with Eagle City Code Section 9-4-1-9 (C)prior to the
City Clerk signing the final plat. If a stand-alone system used solely for Oakwood Meadows is
utilized,the design of the system shall be reviewed and approved by the City Engineer prior to the
issuance of a NTP letter by the City.
2. Provide revised preliminary and final plats with either(1)a common lot or(2)a maintenance access
easement at least 15-feet wide along the western perimeter of Lot 1, Block 1 to provide access to
the common lot for landscape maintenance. The revised preliminary and final plats should be
provided prior to the submittal of a design review application.
3. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the
Design Review Board)along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot-wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed
so as to not interfere with the required placement of street trees.Prior to the City Clerk signing the
final plat the applicant shall either install the required trees,sod,and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements.Trees shall be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of
the surety may be permitted for any portion of the development that is completed,including street
trees that have been installed. On-going surety for street trees for all undeveloped portions of the
development will be required through project completion. (ECC 8-2A-7[E] and ECC 8-2A-18)
Page 8 of 18
K'Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
4. The developer shall provide a detailed arborist report and a tree inventory map identifying all
existing trees located on site. The report shall identify,at a minimum, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application.All living trees shall be preserved,unless otherwise determined by the Design Review
Board and the City Council. A detailed landscape plan showing how the trees will be integrated
into the open space areas or private lots(unless approved for removal by the City Council)shall be
provided for City Council final approval prior to the submittal of a final plat. Construction fencing
shall be installed(pursuant to the Design Review Board's direction)to protect all trees that are to
be preserved,prior to the commencement of any construction on the site.No trees shall be removed
from the site prior to city approval of a tree removal and replacement plan.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(C): Retention,Removal,and Replacement of Trees:
1. Retention Of Existing Trees:
a.Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a.Where trees are approved by the city to be removed,replacement with a species identified
in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree
removed,an equivalent amount of caliper inches shall be replanted.For each vertical foot
of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example:An eight inch(8")caliper deciduous tree is removed,an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous
tree is removed,an acceptable replacement would be two(2)six feet(6')tall coniferous
trees.
b.When a homeowners association or its agent removes tree(s)from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required
provided the site remains in compliance with subdivision's approved landscape plan as
determined by the city.
c.Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat,removal of the following trees shall not otherwise require
replacement:black locust,poplar,cottonwood,willow,tree of heaven,elm,and silver
maple.Trees which are weak wooded,weak branched,suckering,damaged,diseased,
insect infested,or containing similar maladies may be exempt from replacement if
removal is first approved by the city.
d.In cases where the condition of the tree(s)constitutes an"emergency"as defined in section
8-1-2 of this title,the tree(s)may be removed without approval provided that the city is
Page 9 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docz
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.
S. 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:
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.
Page 10 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Oakwood Meadows Subdivision, a 5-lot (4-buildable, 1-common) residential subdivision. There
are existing street trees along West Oakhampton Drive. There is a common lot north of the four
residential lots. Staff defers comment regarding the common area landscaping to the Design
Review Board.
• The applicant is proposing to remove 43 trees and retain 25 trees on the site. The trees proposed to
be retained are located on the four buildable lots and not within the common area;therefore,they
are not counted towards the minimum required landscaping. The landscape plan identifies the 43
trees proposed for removal as Elm, Cottonwood, Russian Olive, Poplar, Black Walnut, Aspen,
Spruce, Black Locust, Juniper Cedar, Plum, Silver Maple, Pear, Apple, Mulberry, Alder, Blue
Spruce, and Norway Maple which total 468-caliper inches and 170-feet. The trees proposed for
removal that are identified as healthy, good condition, and desirable are Spruce, Juniper Cedar,
Oak, Pear,Apple, and Blue Spruce which total 54.5-caliper inches and 170-feet. The applicant is
proposing 12, 2.5-caliper inch Choke Cherry trees(6-inches toward mitigation), 4, 3-inch caliper
Heritage Oak trees (4-inches toward mitigation), 10, 8-foot to 9-foot Norway Spruce (20-feet
towards mitigation), and 7, 8-foot Blue Colorado Spruce trees (14-feet towards mitigation)
providing a total of 10-caliper inches and 34-feet towards 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. Pursuant to Eagle City Code Section 8-2A-7(C)(5), existing
vegetation which is to be retained may be used to satisfy the minimum required landscaping.
Staff defers comment regarding the removal of the 43-trees and the proposed tree mitigation to the
Design Review Board.
If the City approves the removal of the trees and approves the proposed mitigation,no additional
trees are required.
-OR-
If the City approves the removal of the trees and does not approve the proposed mitigation, the
applicant should be required to provide a revised landscape plan showing an additional 44.5-caliper
inches of tree(22,2-inch caliper deciduous trees)and 34-feet of tree(6,6-foot tall evergreen trees)
planted on site. The revised landscape plan should be reviewed and approved by staff prior to the
submittal of a final plat application.
-OR-
If the City approves the removal of the trees and does not approve the proposed mitigation, the
applicant may opt to pay an in lieu fee into the tree fund in the amount of$9,827.50(44.5-caliper
inches x $175.00 per caliper inch and 34-vertical feet x $60.00). The payment to the tree fund
should be received by the City prior to the submittal of a final plat application.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
Page 11 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
• The landscape plan shows 20-Austrian Pine trees along the front of Lots 1 and 2,Block 1,to remain;
however,preliminary plat condition no.2 required a common lot or a maintenance access easement
at least 15-feet wide along the western perimeter of Lot 1,Block 1.
'N4.“...o Sa
•• oO Oxac
lib 01
. f ' Olp 4 • :yr
,
': . , lip; 1 fir,.
Ili *11,3 of
+ .FI R
I "� �;u,� ter. !p' +
+� �V
1 11
1 1 +
a1 I 1 1I ,,,,,i 11i+ K,
!
w u0"�+uo +
Y_ r""'.
The applicant should be required to provide a revised landscape plan showing how the 15-foot wide
common lot or maintenance easement will be accessed in relation to the Austrian Pine trees. The
revised plan should be reviewed and approved by staff prior to submittal of a final plat application.
• The landscape plan shows the artesian well to remain in place; however, the applicant provided
documentation showing the well has been abandoned.The applicant should be required to provide
a revised landscape plan showing the artesian well to be removed. The revised plan should be
reviewed and approved by staff prior to submittal of a final plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 27, 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 proposed common area landscaping.
• The Board is in favor of the removal of the trees,proposed tree mitigation,and the applicant opting to
pay an in lieu fee into the tree fund for the remaining tree mitigation.
Page 12 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
BOARD DECISION:
The Board voted 5 to 0(Sayer absent)to recommend approval of DR-2024-26 for a design review
application for the common area landscaping within Oakwood Meadows 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-11-23 &PP/FP-02-23.
2.
are required-
OR
(22, 2 inch caliper deciduous trees)and 34 feet of tree (6, 6 foot tall e.--gr__._tr_es`pl_antea site
application_
OR
If-tThe City approves the removal of the trees and does not approve the proposed mitigation, the
applicant may opt to pay an in lieu fee into the tree fund in the amount of$9,827.50(44.5-caliper inches
x$175.00 per caliper inch and 34-vertical feet x$60.00). The payment to the tree fund shall be received
by the City prior to the submittal of a final plat application.
-OR-
be approved by the City. A rcv-iscd landscape plan and/or contribution to the tree fund should be
3. Provide a revised landscape plan showing how the 15-foot wide common lot or maintenance easement
will be accessed in relation to the Austrian Pine trees.The revised plan shall be reviewed and approved
by staff prior to submittal of a final plat application.
4. Provide a revised landscape plan showing the artesian well to be removed. The revised plan shall be
reviewed and approved by staff prior to submittal of a final plat application.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project,prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. No signs are proposed with this application and none are approved.
Page 13 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
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
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.
Page 14 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
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
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.
Page 15 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
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 16 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-26) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R-2-DA(Residential with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district—Not applicable for a landscape plan;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings—Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area;and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
Page 17 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx
DATED this 11th day of July 2024.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Walter Lindgren,Chairman
AT EST: �^ 1,`,,,,,
e•,,,, ov, ..` ,,,,,i
,- • � oRA�<•i
•
racy orn,Eagle City Cleric.v
•
L •
• o :
%, V ••••.••••• i-s••
•
*It,,,.4, , ,,
IE Of �
Page 18 of 18
K:\Planning Dept\Eagle Applications\Dr\2024\Oakwood Meadows Sub Landscape DR-26-24\Oakwood Meadows Sub LS Findings DR.docx