Findings - CC - 2019 - DR-10-19 - Common Area Landscaping In Corrente BelloORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN CORRENTE BELLO )
SUBIVISION NO. 3 FOR D & N INVESTMENTS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -10-19
The above -entitled design review application came before the Eagle City Council for their action on March
26, 2019. 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:
D & N Investments, represented by Mark Butler, is requesting design review approval of the common
area landscaping within Corrente Bello Subdivision No. 3. The 9.58 -acre site is located on the north
side of West Floating Feather Road approximately 340 -feet west of North Moon Bello Way at 1400
West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 22, 2019.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 30, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 9, 2005, the Eagle City Council approved a rezone, conditional use permit, preliminary
development plan, and preliminary plat applications for Corrente Bello Subdivision (RZ-07-05/CU-03-
05/PPUD-02-05/PP-04-05 ).
On October 18, 2005, the Eagle City Council approved a design review application for the common
area landscaping within Corrente Bello Planned Unit Development (DR -77-05).
On November 9, 2005, the Eagle City Council approved a design review application for four monument
signs within Corrente Bello Planned Unit Development (DR -73-05).
On March 14, 2006, the Eagle City Council approved the final development plan and final plat for
Corrente Bello Subdivision No. 1 (FPUD-10-05/FP-06-05).
On March 21, 2006, the Eagle City Council approved the final development plan and final plat for
Corrente Bello Subdivision No. 2 (FPUD-11-05/FP-07-05).
On May 9, 2006, the Eagle City Council approved a design review application to modify the Common
Area Landscaping within Corrente Bello Planned Unit Subdivision (DR -25-06).
On May 13, 2008, the Eagle City Council approved a modification to the design review application for
the common area landscaping within Corrente Bello Planned Unit Development (DR -77-05 MOD).
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On October 27, 2009, the Eagle City Council approved a modification to the design review application
for the common area landscaping within Corrente Bello Planned Unit Development (DR -77-05
MOD2).
On December 13, 2012, the development agreement associated with the Corrente Bello Planned Unit
Development property expired.
On October 8, 2013, the City Council approved a preliminary plat for Collina Bello Subdivision for
Providence Properties, LLC (PP -07-13).
On October 23, 2014, the preliminary plat approval expired.
On November 13, 2018, the City Council approved a rezone, conditional use permit modification,
preliminary development plan modification, and preliminary plat applications (RZ-09-18/CU-03-05
MOD/PPUD-02-05 MOD/PP-08-18).
On January 22, 2019, the City Council approved a reconsideration of the rezone, conditional use
modification, preliminary development plan modification, and preliminary plat applications (RZ-09-
18/CU-03-05 MOD/PPUD-02-05 MOD/PP-08-18).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot Residential R -3-P (Residential — PUD)
and Residential
Transition Overlay
Proposed No Change
North of site Large Lot Residential
and Estate Residential
South of site
East of site
Large Lot Residential,
Residential Transition
Overlay, and
Public/Semi-Public
Large Lot Residential,
Residential Transition
Overlay, and
Public/Semi-Public
West of site Large Lot Residential
R -3 -DA -P (Residential with a
development agreement and
PUD)
R -E (Residential — Estates)
PS (Public/Semi-Public) and
R -1 -DA (Residential with a
development agreement)
PS (Public/Semi-Public) and
RUT (Rural -Urban Transition
— Ada County designation)
R -E (Residential — Estates)
Single-family residential
(Corrente Bello Planned
Unit Development)
Single -Family, Residential
Planned Unit Development
Single-family residential
(Academy Place
Subdivision)
Eagle Middle School and
Covenant Hill Subdivision
Eagle Middle School and
vacant land
Single-family residential
(Hesse, Oakley Estates,
and Academy Place
Subdivisions)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
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H. EXISTING SITE CHARACTERISTICS:
There is an existing residential dwelling unit, two out buildings, and one shed. The residential dwelling
unit and two out buildings are to remain and the one shed is to be removed.
I. SITE DATA (overall site associated with the Corrente Bello planned development shown in italic):
Acreage of Site (phase 3 only) — 9.58 -acres
Total Acreage (entire Corrente Bello development including phase 3) — 94.89
Number of Lots (phase 3 only) — 15
Residential — 13
12 -buildable
1 -existing house
Commercial — 0
Industrial — 0
Common — 2
Number of Lots (entire Corrente Bello development including phase 3)— 151
Residential — 121
Commercial — 0
Industrial — 0
Common — 30
Total Number of Units (phase 3 only) — 13
Single-family — 13
12 -buildable
1 -existing house
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data Proposed
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage (for lots
adjacent to a street)
Total Acreage of Common Area
Open Space
Percent of Site as Common Area
Open Space
1.27 -dwelling units per acre
(overall, including this phase)
1.36 -dwelling units per acre
(phase 3 only — 13 units/9.58
acres)
13,332 -square feet
85 -feet
41 -feet
0 -feet for Lot 14 served by a
shared driveway
12.16 -acres (entire Corrente
Bello PUD)
.08 -acres (phase 3)**
12.8% (entire Corrente Bello
PUD)
.8% (phase 3)**
Required
Up to 1.29 -dwelling units per
acre maximum*
13,330 -square feet (as
limited within the
development agreement)
75 -feet
35 -feet
18.98 -acres (entire Corrente
Bello PUD)
20%
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
or in subdivisions with 50 or
more lots.
* Based on the overall density identified within the comprehensive plan.
**The calculation does not include the area identified on the preliminary plat as an open space easement or the lot
containing the shared driveway.
J. PARKING ANALYSIS: N/A
K. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The applicant will be required to berm the area located adjacent to West Floating Feather Road at the
location where the driveway serving the existing residential dwelling provides access to West Floating
Feather Road. All berming, fencing and landscaping details, including any proposed pump houses for
pressurized irrigation, are required for Design Review Board review and approval prior to submittal of
a final plat application.
Open Space:
The applicant will be required to provide a minimum of 18% open space. The applicant is proposing
the open space areas that will provide a combination of finished landscaping and native vegetation. The
large open space area will also include seating areas and a gathering area, such as a gazebo or picnic
area. The applicant is proposing five-foot (5') wide sidewalks to be located within the common areas.
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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 requiring that lots be so graded that all runoff runs either over the curb,
or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a
drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System: Yes
The existing home is currently served by a septic system.
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: N/A
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located around the
existing residential dwelling unit that are to be retained. There are twenty-two (22) trees located within
the area to be redeveloped into single family dwellings. The applicant is proposing to keep or relocated
eleven (11) of the trees and to remove eleven (11) juniper trees.
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Tree Replacement Calculations:
Tree Specie
Deciduous (3)
Deciduous (1)
Deciduous (2)
Deciduous (2)
Spruce (2)
Pine (1)
Juniper (11)
Willow (1)
Caliper inches of deciduous
what is required per ECC = 110 caliper inches — 55 (2" caliper trees)
Caliper / Height
18" caliper/ea
24" caliper
16" caliper/ea
Unknown
20' tall/ea
14' tall
10' tall/ea
20" caliper
trees to be retained
Status
Retain
Relocate
Relocate
Relocate
Relocate
Relocate
Remove
Remove
or relocated on site in addition to
Height of evergreen trees to be removed from the site = 56 feet = 10 (6' evergreen
trees)
Total number of trees being retained or relocated in additional to the required
number of trees based on what is retained, relocated, or removed
Replacement or
Credit per ECC*
+54"
+24"
+32"
+40'
+14'
-110'
0
+55 trees
-10 trees
+45 trees
Total number trees required to be mitigated 0
*Note: Based on 2 -inch caliper deciduous trees and 6 -foot evergreen trees as required within Eagle City Code %8 -2A -7(E)(4 & 5).
Proposed Tree Mix (Species & Number): They were reviewed by the Board. The landscape plan date
stamped by the City on January 22, 2019, complies with Eagle City Code with regard to species and
number of trees with the conditions of approval provided herein.
Street Trees: Street trees are proposed throughout the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
N. TRASH ENCLOSURES: N/A
O. MECHANICAL UNITS: N/A
P. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to he reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
the construction of any signs on this site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
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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 — see sheets L1.1 and L 1.2
Riparian Vegetation - no
Steep Slopes - yes
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
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.
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Fire Department
Eagle Park, Pathway, and Recreation
X. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Land Use Map (adopted November 14, 2017), designates this site as the following:
6.3 Land Use Designations:
Large Lot Residential
Suitable primarily for single family residential adjacent to Estate Residential uses. Densities range from
1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities
higher than 1 unit per 2 acres. Open spaces and parks in this area will be generally limited. Land uses
in this category will tend to appear as suburban large lot and generally less agrarian than the Estate
Residential and Agricultural/Rural designations.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a
site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
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6.12 Middle School Planning Area
The property is located within the Middle School Planning Area.
6.12.1 Middle School Land Uses.
A. The land use designation in the Eagle Middle School Planning Area is Neighborhood Residential
with a Residential Transition Overlay. Allowing minimum lots sizes of 13,330 sq. ft. adjacent to
the school site.
B. Transitional densities, feathering, and lot sizing should be used to ensure compatibility to the North
and West of the planning area. Development should include 1 to 1.5 -acre lots at the perimeter of
the planning area adjacent to existing large lot development outside of the planning area.
C. The overall residential density of any development in the Middles School Planning area should be
up to 1 to 1.29 units per acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed common areas throughout the development, 3)
elevation plans for all proposed common area structures and irrigation pump house (if proposed),
4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such
as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar
amenities. The design review application shall be reviewed and approved by the Eagle Design
Review Board prior to the submittal of a final development plan/final plat applications.
3.9 Open space is approved as shown on the Concept Plan with the pathway at the south located
completely within the Property.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
4. 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. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height.
A fence permit is required prior to construction of a fence in any of these locations.
5. Open space is approved as submitted with the revised site plan with the pathway at the south (as
shown on the preliminary overview of layout presented at the City Council meeting on October 23,
2018). The pathway shall be located completely within the site unless correspondence is provided
from the Corrente Bello Homeowner's Association approving connectivity to the adjacent pathway
and/or sidewalk.
13. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the proposed and required landscape berms,
landscaped islands, and all common areas throughout the subdivision, 3) building elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic
tables, covered shelters, benches, gazebos, and/or similar amenities, 6) design of ponds to be
constructed in reference to mosquito abatement, 7) proposed style of fencing. The design review
application shall be reviewed and approved by the Eagle Design Review Board and Eagle City
Council prior to the submittal of final development plan/final plat applications.
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14. 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. 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.
16. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board 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.
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) Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
Removal of the following trees shall not 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.
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In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three
(3) 4 -inch caliper trees or four (4) 3 -inch caliper trees.
2. 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 or shrub shall be replaced in accordance with subsection Cl
of this section.
3. 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.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Corrente Bello Subdivision No. 3, a 15 -lot (12 -buildable, 1 -existing house, 2 -common) (a re-
subdivision of Lot 20, Block 2, Corrente Bello Subdivision No. 1) residential planned unit
development. Street trees are proposed throughout the entire development generally at each side
property line. The applicant is proposing to retain or relocate eleven (11) of the existing twenty-
two (22) trees. Based on the number of existing trees to be retained or relocated throughout the
development, no tree mitigation is required.
• The applicant is proposing to construct a 10 -foot wide pathway providing a connection from the
sidewalk adjacent to the cul-de-sac of West Peak Bello Street south to the sidewalk located along
West Floating Feather Road. The southern 55 -feet of the pathway is shown to cross the common
lot of Corrente Bello Subdivision No. 1 (Lot 21, Block 2). Lot 21, Block 2, Corrente Bello
Subdivision No. 1 is not owned by the applicant of Corrente Bello Subdivision No. 3. If the owner
of the common lot located adjacent to West Floating Feather Road (Lot 21, Block 2, Corrente Bello
Subdivision No. 1) approves a cross access agreement prior to Council action on the final plat of
Corrente Bello Subdivision No. 3, the applicant should provide the cross access agreement to the
City. If provided as stated herein, the cross access agreement should be reviewed and approved by
the City and recorded in the Ada County Recorder's office prior to the construction of the pathway
or any landscape improvements being installed within Lot 21, Block 2, Corrente Bello Subdivision
No. 1. If a cross access agreement between the applicant and the owner of Lot 21, Block 2,
Subdivision No. 1 cannot be agreed upon, the applicant is not required to construct the said
improvement on the adjacent owner's property.
• The applicant is proposing to construct a 10 -foot wide pathway terminating at the west property
line of the development. There is an existing 6 -foot wide pathway located on Lot 11, Block 2,
Corrente Bello Subdivision No. 1, approximately 6 -feet west of the west property line of the
proposed development. If the owner of the common area adjacent to west side of this site (Lot 11,
Block 2, Corrente Bello Subdivision No. 1) approves a cross access agreement prior to Council
action on the final plat of Corrente Bellow Subdivision No. 3, the applicant should provide the
cross access agreement to the City. The cross access agreement is to allow the 10 -foot wide
pathway to extend to the existing pathway located on Lot 11, Block 2, Subdivision No. 1. If a cross
access agreement is provided as stated herein, the cross access agreement should be reviewed and
approved by the City and recorded in the Ada County Recorder's office prior to the pathway being
installed within Lot 11, Block 2, Corrente Bello Subdivision No. 1. If a cross access agreement
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between the applicant and the owner of Lot 11, Block 2, Corrente Bello Subdivision No. 3 cannot
be agreed upon, the applicant is not required to construct the said improvement on the adjacent
owner's property.
• Staff defers comment regarding the landscaping to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the 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 February 28, 2019,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 27:43)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the landscape plan and tree mitigation as proposed by the applicant.
• The Board supports the proposed pathway connectivity and strongly encourages the adjacent property
owner allow the applicant to connect the pathways from this development to the pathways within their
subdivision.
BOARD DECISION:
The Board voted 6 to 0 (Koci absent) to recommend approval of DR -10-19 for a design review
application for the common area landscaping within Corrente Bello Subdivision No. 3 for D & N
Investments, 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 March 14, 2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 24, 2018, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Bastian absent) to approve DR -10-19 for a design review application for the
common area landscaping within Corrente Bello Subdivision No. 3 for D & N Investments; 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 RZ-09-18/CU-03-05 MOD/PPUD-02-05 MOD/PP-08-18.
2. If the owner of the common lot located adjacent to West Floating Feather Road (Lot 21, Block 2,
Corrente Bello Subdivision No. 1) approves a cross access agreement prior to Council action on the
final plat of Corrente Bello Subdivision No. 3, the applicant shall provide the cross access agreement
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to the City. If provided as stated herein, the cross access agreement shall be reviewed and approved by
the City and recorded in the Ada County Recorder's office prior to the construction of the pathway or
any landscape improvements being installed within Lot 21, Block 2, Corrente Bello Subdivision No.
1. If a cross access agreement between the applicant and the owner of Lot 21, Block 2, Subdivision
No. 1 cannot be agreed upon, the applicant is not required to construct the said improvement on
the adjacent owner's property.
3. If the owner of the common area adjacent to west side of this site (Lot 11, Block 2, Corrente Bello
Subdivision No. 1) approves a cross access agreement prior to Council action on the final plat of
Corrente Bellow Subdivision No. 3, the applicant shall provide the cross access agreement
to the City. The cross access agreement is to allow the 10 -foot wide pathway to extend to the existing
pathway located on Lot 11, Block 2, Subdivision No. 1. If a cross access agreement is provided as
stated herein, the cross access agreement shall be reviewed and approved by the City and recorded in
the Ada County Recorder's office prior to the pathway being installed within Lot 11, Block 2, Corrente
Bello Subdivision No. 1. If a cross access agreement between the applicant and the owner of Lot 11,
Block 2, Corrente Bello Subdivision No. 3 cannot be agreed upon, the applicant is not required to
construct the said improvement on the adjacent owner's property.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application and none are approved.
6. The applicant shall provide amended CC&R's stating that the trees to be retained and relocated on Lots
6, 7, 8, and 9 (as shown on the approved landscape plan date stamped by the City on January 22, 2019)
are not to be removed without approval from the City. Any trees removed shall require mitigation
pursuant to Eagle City Code Section 8 -2A -7(C)(1). The amended CC&R's shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
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
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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.
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
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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.
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/
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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. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to 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 change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -10-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the R -3-P (Residential with a PUD) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district — Not applicable for a landscape plan;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
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G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable Jroa
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 or detract from
desirable architectural features.
DATED this 26'h day of March 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
o
Sharon K. Bergmann, Eagle City CIeyfc
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
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