Findings - CC - 2019 - DR-63-18 - Common Area LandscapingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN BELLEMEADE )
SUBIVISION FOR MADERA DEVELOPMENT, )
INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -63-18
The above -entitled design review application came before the Eagle City Council for their consideration
on July 23, 2019. The Council continued the item to August 13, 2019, at which time they made their
decision. 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:
Madera Development, Inc., represented by Sabrina Durtschi with the KM Engineering LLP, is
requesting design review approval of the common area landscaping within Bellemeade Subdivision, an
80 -lot (72 -residential, 8 -common _3 -common area open space, 4 -driveway access, 1 -private road])
residential subdivision. The 10.99 -acre site is located on the northeast corner of West Flint Drive and
North Park Lane at 3850 West Flint Drive and 312 North Park Lane.
B. APPLICATlON SUBM1'i"i'AL:
The City of Eagle received the application for this item on April 18, 2019. Revised landscape plans
were received on May 9, 2019, and a revised fence plan was received on May 31, 2019.
C. NO110E OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 11, 2018, and again on May 20, 2019,
after receiving revised information, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the City Council approved a comprehensive amendment to change the land use
designation on the Comprehensive Plan Land Use Map from Residential One (up to one dwelling unit
per acre) to Mixed Use and a rezone from A -R (Agricultural -Residential ) to MU -DA (Mixed Use with
development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9, Block 2, of Flint
Estates Subdivision (CPA -03-03 and RZ-08-03).
On September 26, 2006, the City Council approved a preliminary plat extension of time for Bellemeade
Planned Unit Development, to be valid until September 27, 2007 (PPUD-03-05 EXT).
On October 28, 2008, the City Council approved a modification to the development agreement
associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD).
On November 27, 2018, the City Council approved a development agreement modification
(development agreement in lieu of a PUD) and a preliminary plat for Bellemeade Subdivision for this
site (PP -03-18/ RZ-04-18).
On June 11, 2019, the City Council denied a development agreement modification (development
agreement in lieu of a PUD) for Bellemeade Subdivision for this site. (RZ-04-18 MOD).
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For additional property history see: CU-07-O5IPPUD-03-05/PP-09-05, DR -87-06, DR -88-06, FPUD-
02-07 & FP -OS -07, EXT -22-O8, EXT -22-09, EXT -12-10, RZ-08-03 MOD2, RZ-01-15/PP-01-15, and
RZ-01-15 MOD/PP-01-15 MOD.
E. COMPANION APPLICA1lONS: Bellemeade Subdivision Entry Monument Sign (DR -41-19).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAi'IONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and Scenic MU -DA (Mixed Use with a Lot 1 and 2, Block 1, Flint
Corridor
development agreement) Estates Subdivision
Proposed No Change MU -DA (Mixed Use with Single-family (attached
Development Agreement [in and/or detached)
lieu of a PUD]) residential subdivision
North of site Public/Semipublic PS (Public/Semipublic) Eagle High School
South of site Mixed Use
MU -DA (Mixed Use with Single-family residence
Development Agreement [in and Warrior Park
lieu of a PUD]) Subdivision
East of site Neighborhood A -R (Agricultural- Flint Estates Subdivision
Residential Residential)
West of site Mixed Use
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
Springhouse Subdivision
G. DESIGN REVIEW OVERLAY DIS'i'RICT: Not in the DDA, 11 CEDA, or DSDA.
H. URBAN RENEWAL DIS'i'RICT: No.
I. EXISTING SilE CHARACTERIS'i'iCS:
The site has two existing residences that will be removed with the development of Bellemeade
Subdivision.
J. SilE DATA (overall site associated with the Corrente Bello planned development shown in italics):
Total Acreage of Site — 10.99 -acres
Total Number of Lots — 80
Residential — 72
Commercial — 0
Industrial — 0
Common — 8 (3 -common area open space, 4- driveway access, 1 -private
road)
Total Number of Units - 73
Single-family — 72
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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K. GENERAL Sri DESIGN FEATURES:
Open Space:
A total of 2.87 -acres of open space is proposed within the development. The open space consists of a
centralized common area and buffer areas located adjacent to West Flint Drive, North Park Lane, and
West Nephi Lane.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R' s are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on August 15, 2018, notes that all lot lines common to
a public right-of-way, private road lot, and the subdivision boundary have a 12 -foot wide permanent
public utility, drainage, and irrigation easement. The notes also indicate that no easements are being
provided along interior lot lines unless they are required by a utility provider.
All utilities including power are required to be placed underground.
Fire Hydrants and Water Mains:
The preliminary plat, date stamped by the City on August 15, 2018, shows three (3) fire hydrants located
within the subdivision. Eagle Fire Department provided correspondence, date stamped by the city on
May 2, 2018, which indicated the bollards that are shown in the emergency fire lane that intersects W.
Nephi Lane are not approved. The fire department will accept an approved gate to restrict use of the
fire lane or simply keep the fire lane open with no obstructions. Additional correspondence from Eagle
Fire Department was received on May 29, 2019.
On-site Septic System (yes or no) — Yes
The site contained two residential dwellings which are currently being served by septic systems.
Preservation of Existing Natural Features:
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.
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 FEA'I'LJRES: N/A
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are mature trees existing in the central
portion of the site and the western portion of the site near the two existing homes that are proposed to
be removed.
Tree Replacement Calculations: One hundred fifty-six (156) total trees have been identified on the site.
Twenty-three (23) trees are proposed to be preserved, nine (9) transplanted on site, 110 removed from
site, and 14 trees require mitigation.
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# Common Name
West Portion of Site
1 Weeping Willow
2 Western Catalpa
3 Cottonwood Grove
4 Austrian Pine
5 Austrian Pine
6 Austrian Pine
7 Austrian Pine
8 Austrian Pine
9 Austrian Pine
10 White Spruce
11 White Spruce
12 Mugo Pine
13 Scotch Pine
14 Scotch Pine
15 Scotch Pine
16 Pine
17 Silver Maple
18
19
20
21
22
23
24
25
26
27
28
Austrian Pine
Scotch Pine
Scotch Pine
Hybrid
Cottonwood
Black Locust
Austrian Pine
Scotch Pine
Scotch Pine
Austrian Pine
Austrian Pine
Red Maple
Caliper
Inches
34"
3"
1.5" to 5"
24"
17.5"
19"
13"
25"
17"
10"
10"
20' wide
26"
15"
15"
10"
7 -stem clump
(3,4,5,2,5,3,5)
15"
17"
12"
10"
3-stemclump
(6,5,3)
22"
20"
18"
15"
13"
28"
Height Condition Status
(feet)
56'
12'
46'
30'
42'
43'
46'
46'
41'
15' tall
34'
29'
29'
33'
32'
25'
20'
Fair
Good
Fair
Good
Poor
Fair
Good
Fair
Poor
Fair
Fair
Fair
Good
Moderate
Fair
Poor
Fair
Good
Fair
Fair
27' Poor
20'
34'
43'
44'
29'
30'
42'
Poor
Good
Good
Good
Fair
Fair
Moderate
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Remove
Transplant
Remove
Preserve
Remove
Remove
Remove
Remove
Remove
Remove
Remove
Remove
Remove
Remove
Preserve
Remove
Preserve
Remove
Preserve
Remove
Remove
Remove
Remove
Remove
Preserve
Preserve
Preserve
Preserve
Replacement
Inches
Per ECC
0
0
0
0
0
0
0
0
0
0
34 -feet
0
0
32 -feet
0
0
0
34 -feet
43 -feet
29 Ginnala Maple 24'wide 22' Fair Remove 0
clump
30 Colorado Green 10" 27' Good Remove 0
Spruce
31 Colorado Blue 7» Poor Remove 0
Spruce
32 Green Ash 13" 40' Fair Remove 0
33 Scotch Pine 18" 35' Good Preserve --
34 Hybrid 20" grove 69' Moderate Remove 0
Cottonwood
35 Hybrid 9" -- Moderate Remove 0
Cottonwood
36 Hybrid 12" -- Moderate Remove 0
Cottonwood
37 Hybrid 9", 4" clump -- Moderate Remove 0
Cottonwood
38 Austrian Pine 11" 19' Fair Remove 0
39 Eastern Redbud 5.5", 4.5" 22' Fair Remove 0
clump
40 Scotch Pine 13" 45' Fair Remove 0
41 Scotch Pine 12" 45' Fair Remove 0
42 Austrian Pine 13" 33' Fair Remove 0
43 Golden Rain Tree 10" 31' Good Transplant --
44 Austrian Pine 12" 50' Fair Remove 0
45 Scotch Pine 11" 31' Fair Remove 0
46 Hybrid Poplar 34" 84' Good Remove 0
47 Hybrid Poplar 11" 56' Fair Remove 0
48 Himalayan White 3" 1 1' Poor Remove 0
Pine
49 Lodgepole Pine 5.5" -- Poor Remove 0
50 Russian Olive 3.75" 12' Poor Remove 0
51 Siberian Elm 16" 68' Poor Remove 0
52 Western Catalpa 16", 14" 48' Fair Remove 0
double trunk
53 Hybrid 7" Fair Remove 0
Cottonwood
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Filbert stMulti-
54mmed 26' Fair Remove 0
55 Eastern Redbud
6", 6", � 20' Poor Remove 0
clump
56 Eastern Redbud 5" 8' Poor Remove 0
57 Norway Spruce 8" 35' Fair Remove 0
Colorado Blue
58 10" 31' Fair Remove 0
Spruce
5", 4", 4",
59 Eastern Redbud 2.5", 2.5" 16' Poor Remove 0
clump
60 Austrian Pine 18" 43' Fair Remove 0
61 Colorado Blue 8" 40' Fair Remove 0
Spruce
62 Red Maple 6" 39' Fair Remove 0
63 Scotch Pine 12" 48' Fair Preserve --
64 Scotch Pine 16" 47' Fair Preserve --
65 Red Maple Hybrid 19" 60' Good Remove 19 caliper -
inches
66 Lodgepole Pine 6" 21' Poor Remove 0
67 Scotch Pine 11" 50' Fair Remove 0
68 Scotch Pine 13" 52' Fair Remove 0
69 Norway Spruce 10" 39' Poor Remove 0
Colorado Blue
70 10" 38' Fair Remove 0
Spruce
71 Austrian Pine 16" 42' Good Remove 42 -feet
72 Austrian Pine 19" 45' Good Remove 45 -feet
73 Apple Tree 9" 18' Moderate Transplant -
74 Maple 6" 25' Good Remove
75 Ginnala Maple 1.5" - 2.5" 16' Good Transplant
clump
76 Lodgepole Pine 2.5"
77 Apple 8"
78 Maple 6"
79 Plum Tree 10"
80 Fruiting Cherry 17"
0
12' Fair Remove 0
- - Fair Remove 0
- - Fair Remove 0
22' Fair Remove 0
49' Poor Remove 0
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London Plane 24 caliper
81 Sycamore 24"57'Good Remove inches
82 Red Maple Hybrid 14" -- Good Preserve --
83 Ginnala Maple 5", 7" clump 18' Fair Remove 0
84 Alpine Fir -- 19' Good Transfer --
85 Alpine Fir -- 18' Poor Transfer --
86 Eastern Redbud 7", 5" -- Poor Remove 0
87 Colorado Blue 7" 15' Fair Remove 0
Spruce
88 Northern Red Oak 21" 50' Good Remove 21 caliper
inches
89 Apricot Tree 13" 28' Fair Remove 0
90 Scotch Pine 8" 28' Fair Remove 0
91 Austrian Pine 16" 34' Good Preserve --
92 Austrian Pine 19" 36' Fair Preserve --
93 Scotch Pine 15" 40' Good Preserve --
94 Scotch Pine 18" 36' Good Preserve --
95 Scotch Pine 17" 33' Good Remove 0
96 Austrian Pine 10" 18' Poor Remove 0
97 Silver Maple 42" 57' Fair Remove 0
Cottonwood
98 Hybrid 19" 83' Fair Remove 0
Cottonwood
99 Hybrid 10" 75' Fair Remove 0
100 Silver Maple 10" clump 26' Fair Remove 0
East Portion of Site
1 Siberian Elm 17" 33' Poor Remove 0
2 Scotch Pine 14" 39' Moderate Preserve --
3 Scotch Pine 16" 36' Fair Remove 0
4 Scotch Pine 13" 39' Fair Remove 0
5 Scotch Pine 7" 42' Fair Remove 0
6 Scotch Pine 13" 43' Fair Remove 0
7 Scotch Pine 9" 40' Fair Remove 0
8 Scotch Pine 8" 40' Fair Remove 0
9 Scotch Pine 9" 42' Fair Remove 0
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10 Scotch Pine 12" 40' Fair Remove 0
11 Scotch Pine 12" 38' Fair Remove 0
12 Scotch Pine 8" 42' Fair Remove 0
13 Scotch Pine 12" 38' Fair Remove 0
14 Scotch Pine 13" 44' Fair Remove 0
15 Deciduous Tree
Clump -- Dead Remove 0
16 Scotch Pine __ __ Laid Remove 0
down
17 Hawthorn Thicket -- 10-12' Good Remove 18 caliper
inches
18 Scotch Pine 7" 33' Poor Remove 0
19 Scotch Pine 12" 35' Good Preserve
20 Scotch Pine 8" 39' Good Preserve
21 Scotch Pine 10" 41' Good Preserve -
22 Scotch Pine 9" 35' Fair Remove 0
23 Scotch Pine 13" 43' Fair Preserve -
24 Scotch Pine 14" 40' Fair Remove 0
25 Scotch Pine 9" 33' Fair Preserve -
26 Scotch Pine 14" 44' Fair Preserve -
6.5", 11",
27 Hybrid Poplars 11", 12", 12", 67', 70' Fair Remove 0
23", 5" grove
Hybrid Poplars Large grove
28 (Cottonwoods) 35 trunks s to To 91'Fair Remove 0
29 Hybrid Poplar 30", 6" 80' + Poor Remove 0
30 Hybrid PGrove ofPoor Remove 0
Cottonwoods
31 Weeping Willow 45" 12' Poor Remove 0
32 Grove Asst. -- -- Fair Remove 0
33 Black Walnut 23" 40' Poor Remove 0
Cottonwoods
34 Common 3", 19", 18", 35' Poor Remove 0
Mulberry 7"
35 Scotch Pine 23" 42' Good Remove 42 -feet
36 Austrian Pine 1 1" 26' Good Remove 26 -feet
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37 Flowering Pear 9" 21' Fair Transplant --
38 Green Ash 3" 15' Fair Remove 0
39 Scotch Pine 18" 30' Fair Remove 0
40 Austrian Pine 33" 47' Good Remove 47 -feet
41 Austrian Pine 22" 52' Good Remove 52 -feet
42 Japanese Black 8" 10' Fair Remove 0
Pine
43 Austrian Pine 24" 49' Fair Remove 0
44 Pine -- -- Dead Remove 0
45 Weeping Willow 55" 55' Fair Remove 0
46 Black Walnut 6" 24' Good Transplant --
47 English Walnut 10" -- Fair Remove 0
48 Weeping Norway 8" 30' Good Transplant --
Spruce
49 Red Maple 12" 29' Fair Remove 0
12",13",1O", 69', 5 0' Fair Remove 0
50 Poplar Grove 7", 13"
51 English Walnut 22" 3 5' Fair Remove 0
52 English Walnut 31" 1 33' Fair Remove 0
53 Fruiting Apple -- -- Fair Remove 0
54 Fruiting Apple -- -- Fair Remove 0
55 Apple 19" 20' Fair Remove 0
56 Norway Maple 22" 50' Fair Remove 0
100 Total Trees West
Removal Deciduous
Removal Evergreen
Preserve Deciduous
Preserve Evergreen
Transplant Deciduous
Transplant Evergreen
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530.25 caliper
inches
1,752 -feet
69 caliper
inches
479 -feet
24 caliper
inches
37 -feet
56 Total Trees East
156
Grand Total
East/West
Mitigate Deciduous
Mitigate Evergreen
64 caliper
inches
257 -feet
Removal Deciduous 323 caliper
inches
Removal Evergreen 1,152 -feet
Preserve Deciduous 0
Preserve Evergreen 274 -feet
Transplant Deciduous 15 caliper
inches
Transplant Evergreen 30 -feet
Mitigate Deciduous 12 caliper
inches
Mitigate Evergreen 167 -feet
Removal Deciduous
Removal Evergreen
Preserve Deciduous
Preserve Evergreen
Transplant Deciduous
Transplant Evergreen
Mitigate Deciduous
Mitigate Evergreen
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853.25 caliper
inches
2,904 -feet
69 caliper
inches
753 -feet
39 caliper
inches
67 -feet
76 caliper
inches
424 -.feet
Final Tree Mitigation Information (156 trees)
Deciduous Trees
Caliper Inches
Removed
Caliper
Inches
Required
853.25
72 Total trees to be removed on site 853.25 caliper inches caliper
inches
51 Total trees to be removed on site - 669.25 caliper 184 caliper
(No mitigation required) inches inches
3 Total treespreserved on site - 69 caliper inches 1 15 caliper
inches
76 caliper
6 Total trees transplanted on site - 39 caliper inches inches
2 Total trees transplanted from off site - 13 caliper inches 63 caliper
p P inches
5 Total trees mitigated on site - 82 caliper inches 0 (+19)
9 Total additional trees planted on site + 18 caliper inches 0 (+37)
Evergreen Trees
84 Total trees to be removed on site 2,904 -feet 2,904 -feet
59 Total trees to be removed on site - 1,660 -feet 1,744 -feet
(No mitigation required)
20 Total trees preserved on site - 753 -feet 991 -feet
3 Total trees transplanted on site - 67 -feet 924 -feet
10 Total trees transplanted from off site - 210 -feet 714 -feet
9 Total trees mitigated on site - 397 -feet 317 -feet
9 Total additional trees planted on site + 54 -feet 263 -feet
73 Total mitigation over and above required 6 -foot tree + 439 -feet 0 (176)
Total Deciduous Tree Mitigation required 0 (+19)
Total Evergreen Tree Mitigation required 0 (+176)
Total overall tree Mitigation required 0
See item E, Discussion on page 16 herein for more information.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along North Park Lane, West Flint Drive, and along the internal
streets within the subdivision.
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Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
Interior Landscaping: 5% interior landscaping is required, 13% is proposed.
N. 'I'RASH ENCLOSURES: N/A
O. MECHANICAL UNITS: N/A
P. OUTDOOR LIGHTING:
Q.
Lighting for proposed private street is required. Location and lighting specifications incorporating a
"Dark Sky" style of lighting shall be provided. No outdoor lighting is proposed at the parking lot near
the open space, tot lot, or pergola with seating.
SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
R. PUBLIC SERVICES AVAILABLE:
Lynn Moser, General Manager, Eagle Sewer District, provided email correspondence, dated April 24,
2018, indicating the property is annexed into the Eagle Sewer District and there is a sewer main
located within Flint Drive. The property is located within Suez company's certificated water service
area. Fire and medical services will be available from the Eagle Fire District. Police protection is
provided by the Ada County Sheriff's Department through contract with the City of Eagle.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON F'LJTURE ACQUISITIONS MAP: No map currently exists
U. SPECIAL ON-Si'i'E FEAI1JRES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — Yes, located in proximity to the existing residences, centrally within the site, adjacent
to North Park Lane, and adjacent to the eastern boundary line.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat — no
V. SUMMARY OF REVIEW OF ENVIRONMENI'AL ASSESSMEN i PLAN (IF' REQUIRED):
Not required.
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W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Andeavor (fka Tesoro Logistics NW Pipeline)
Ballentyne Ditch Company
Eagle Fire Department
Eagle Historical Museum
Eagle Parks, Pathways, and Recreation
Idaho Transportation Department
X. LElIERS FROM 'IHE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STA1'F REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
iHIS PROPOSAL:
The Comprehensive Land Use Map (adopted November 14, 2017), designates this site as the following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take away from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMEN 1 AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING iHIS PROPOSAL:
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide
an operation and maintenance manual including the funding mechanism as an addendum to
the CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot
be dissolved without the express consent of the city.
(b) An allocation of responsibility for the repair and maintenance of the private streets and
common lots providing ingress/egress, including the repair and replacement of asphalt and
sidewalks, in perpetuity. The owner shall provide an operation and maintenance manual
including the funding mechanism as an addendum to the CC&Rs and the repair and
maintenance requirement shall run with the land and that the requirement cannot be modified
ant that the homeowners association or other entity cannot be dissolved without the express
consent of the city.
(c) A requirement that no parking is allowed on the emergency fire access and a mechanism for
the enforcement of the no parking requirement.
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(d) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(e) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.8 Owner 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.
Owner shall provide a narrative indicating how the trees will be incorporated into the design of
the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site
prior to city approval of a tree removal and replacement plan.
3.9 In conjunction with 3.8 above, 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 (unless
approved for removal and mitigation by the Design Review Board) shall be provided for Design
Review Board approval prior to the submittal of a final plat application.
3.10 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the all common areas throughout the development, 3)
landscape screening details and buffering for the common lot located adjacent to North Park Lane
4) elevation plans for all proposed common area structures and irrigation pump house (if
proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6)
useable amenities such as picnic tables, covered shelters, benches, 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 plat application.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING i'HIS
PROPOSAL:
15. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the 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.
16. 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
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development will be required through project completion.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS
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 2x caliper of tree
caliper removed
6'/a inches to 12
inches
121/4 inches or
more
1.5x caliper of tree
removed
ix 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.
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.
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4. 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(J)(4)(a) Buffer Areas/Common Lots:
a. Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be
provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal
distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative
rock, or similarly designed concrete wall is to be provided in combination with the berm, a four
foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
E. DISCUSSION:
• The existing tree and mitigation plan — western and eastern parcels, date stamped by the City on
May 9, 2019, shows 156 total trees identified on the site. Twenty-three (23) trees are proposed to
be preserved, nine (9) transplanted on site, 110 removed from site, and 14 trees require mitigation.
For clarification, the trees identified in the arborist report as fair to poor condition have not been
included in the total mitigation number as indicated below. Based on the trees being preserved,
relocated, or transplanted on site, no tree mitigation is required. Staff defers comment regarding
the proposed tree removal to the Design Review Board.
Summary
Final Tree Mitigation Information (156 trees) Caliper Inches Removed
Deciduous Trees
72 Total trees to be removed on site 853.25 caliper inches
51 Total trees to be removed on site - 669.25 caliper inches
(No mitigation required)
3 Total trees preserved on site - 69 caliper inches
6 Total trees transplanted on site - 39 caliper inches
2 Total trees transplanted from off site - 13 caliper inches
5 Total trees mitigated on site - 82 caliper inches
9 Total additional trees planted on site + 18 caliper inches
Evergreen Trees
84 Total trees to be removed on site 2,904 -feet
59
Total trees to be removed on site
(No mitigation required)
Caliper Inches
Required
853.25 caliper
inches
184 caliper
inches
115 caliper
inches
76 caliper
inches
63 caliper
inches
0 (+19")
0 (+37")
2,904 -feet
- 1,660 -feet 1,244 -feet
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20 Total trees preserved on site - 753 -feet
3 Total trees transplanted on site - 67 -feet
10 Total trees transplanted from off site - 210 -feet
9 Total trees mitigated on site - 397 -feet
9 Total additional trees planted on site + 54 -feet
Total Deciduous Tree Mitigation required
Total Evergreen Tree Mitigation required
Total overall tree Mitigation required
491 -feet
424 -feet
214 -feet
0 (+183')
0 (+237')
0 (+37")
0 (+237')
0
• The landscape plan, date stamped by the City on May 9, 2019, shows a berm that varies from three -
feet (3') high to five -feet (5') high along North Park Lane. The applicant is preserving several
existing trees along North Park Lane, which affects the height of the berm. The north 320 linear
feet of the landscape buffer along North Park Lane on the west side of the subdivision will have a
five foot (5') high berm. The southern 250 linear feet of the landscape buffer along North Park
Lane, the height of the berm varies between three feet (3') and four feet (4') high depending on the
number and locations of trees to be preserved in place. Pursuant to Eagle City Code Section 8-2A-
7(J)(4)(a), a minimum five foot (5') high, maximum eight foot (8') high, berm is required within
the buffer area. Staff defers comment regarding the various berm height to the Design Review
Board.
• Staff defers comment regarding the common area 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 Eagle Design Review Board on January 10,
2019, January 24, 2019, and February 14, 2019. The Board continued the item to February 28, 2019, at
which time the Board remanded the application to staff. The application came before the Board for their
consideration on June 13, 2019. The Board continued the item to June 27, 2019, and made their decision
at that time.
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 40:00)
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 would like to see a plan showing protection for the existing trees within the subdivision
while construction is taking place.
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BOARD DECISION:
The Board voted 6 to 0 (Schafer absent) to recommend approval of DR -63-18 for a design review
application of the common area landscaping within Bellemeade Subdivision for Madera Development, Inc.,
with the site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document, dated July 11, 2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 23, 2019. The Council
continued the item to August 13, 2019, 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 2 to 2 (Bastian and Pittman against, Mayor in favor) to approve DR -63-18 for a design
review application for the common area landscaping within Bellemeade Subdivision for Madera
Development, Inc., with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval with text shown with underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-04-18 and
PP -03-18.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. 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.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. No signs are proposed with this application and none are approved_
8. Provide revised building elevations showing the metal roof on the pergola to have concealed fasteners.
The revised building elevations shall be reviewed and approved by staff and one (1) member of the
Design Review Board prior to the City Clerk signing the final plat.
9. Provide a tree relocation and protection plan showing protection for trees to be retained and relocated
on site while construction is going on. The plan shall be reviewed and approved by staff and one (1)
member of the Design Review Board prior to commencement of construction of the required
improvements or signature of the final plat by the City Clerk, whichever occurs first.
10. Provide a revised landscape plan showing open style fencing along the landscape buffer located along
North Park Lane. Provide detailed cut sheets showing the style, height, color, etc. of the open style
fence. The revised landscape plan and detailed cut sheets shall be reviewed and approved by staff prior
to the approval of the final plat.
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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 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, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
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 Engineer prior to the City Engineer
signing the final plat.
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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, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to 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 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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
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15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt 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
Commission and/or 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/or 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. 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.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -63-18) 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 MU -DA (Mixed Use 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 since the site has been
designed with walkways throughout the subdivision;
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 since there
are walkways for the residence throughout the subdivision; 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.
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DATED this 13' day of August 2019.
EAGLE CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
A 1 1 EST.
Sharon K. Bergmann, Eagle City Clerk
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