Findings - DR - 2006 - DR-57-06 - Common Area Landscaping, Residential Townhouse/Condominiums In The Lofts At Eagle Riv
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING, RESIDENTIAL TOWNHOUSE )
AND CONDOMINIUMS WITHIN THE LOFTS AT)
EAGLE RIVER SUBDIVISION FOR SEA 2 SEA )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-57-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 28, 2006. The Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Sea 2 Sea, represented by James Murray with CSHQA, is requesting design review approval to
construct 27-townhouse and condominiums consisting of 2I4-residential units, and the common
area landscaping within The Lofts at Eagle River Subdivision. The 24. I-acre site is located on the
south side of East Riverside Drive approximately 1,500-feet west of Edgewood Lane at 827 East
Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 7, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 13, 2006, III accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEV ANT PREVIOUS ACTIONS:
On September 18, 2006, the Eagle Planning and Zoning Commission approved an annexation and
rezone applications and a preliminary plat application for The Lofts at Eagle River (A-12-06/RZ-
14-06 & PP-15-06).
On September 18, 2006, the Eagle Planning and Zoning Commission denied a conditional use
permit for a height exception for the townhouses and condominiums within The Lofts at Eagle
River (CU-05-06).
E. COMPANION APPLICATIONS:
DR-58-06 (design review sign application)
CU-05-06 (conditional use permit for a height exception)
A-12-06/RZ-14-06 & PP-15-06 (annexation, rezone and preliminary plat)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TlON
Existing Mixed Use and Floodway RUT (Rural Urban Residence and vacant land
Transitional-Ada County
designation)
Proposed No Change MU-DA (Mixed Use with Residential (town homes
Development Agreement) and condominiums).
North of site Mixed Use MU-DA (Mixed Use with Idaho Athletic Club/Eagle
Development Agreement) River Development
South of site Floodway/Residential R-2 (Residential-up to two North Channel of the Boise
Two units per acre). River/Hidden Island
Subdivision
East of site Mixed Use RUT (Rural Urban Lonesome Dove Ranch
Transitional-Ada County
designation)
West of site Mixed Use MU-DA (Mixed Use with Merrill Park and Vacant
Development Agreement) Land (Terrazza
Development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing house that is to be converted into a
clubhouse. There are numerous trees located throughout this site.
I. SITE DESIGN INFORMATION: 25.37 +/- acres
Total Number of Lots - 8
Residential - 7
Commercial - 0
Industrial - 0
Common - 1
Total Number of Units - 214
Duplex - 1
Multi-family - 26
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 13.38-units per acre Up to twenty units per acre
Minimum Lot Size 1. 32 acres 7,000-square feet
Minimum Lot Width 265-feet 75-feet
Minimum Street Frontage 200-feet 35-feet
Total Acreage of Common Area 9.18 acres within the floodway* 2.54-acres (minimum)
(Lot 5, Block 1)
Percent of Site as Common Area 36.18 % 10% (minimum)
* Note-All residential units will be platted as condominium units; therefore the area outside of the
walls of the residential units will be common area.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: 27 buildings; multi-family residential dwelling units.
Height and Number of Stories of Proposed Buildings:
Condo - 54' high, 4-stories
Two-plex townhouse - 38 \12' high, 3-stories
Four-plex townhouse - 38 Y2 high, 3-stories
Six-plex townhouse - 38 Y2 high, 3-stories
Gross Floor Area of Proposed Buildings:
Condo
Underground parking = 7,384-square feet
First floor = 6.953-square feet
Second floor = 5,013-square feet
Third floor = 4,131-square feet
Total = 23,481-square feet
Two-plex townhouse
First floor = 1 ,961-square feet
Second floor = 2,042-square feet
Third floor = 1,525-square feet
Total = 5,528-square feet
Four-plex townhouse
First floor = 3,467-square feet
Second floor = 3,560-square feet
Third floor = 3,361-square feet
Total = 1O,388-square feet
Six-plex townhouse
First floor = 5A24-square feet
Second floor = 5,585-square feet
Third floor = 5,546-square feet
Total = 16,555-square feet
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K. BUILDING DESIGN FEATURES:
Roof: Asphalt shingles (Weathered Gray)
Walls: Stone (Honey Country Ledgestone and Kentucky Limestone), Shake, Stucco, and Hardi-
plank siding (Benjamin Moore Paints - Monterey White, Wheeling Neutral, Georgian
Green, Creekside Green, Great Barrington Green, Hearthstone Brown, and Boston Brick)
Windows/Doors: Wood doors, Vinyl windows
Fascia/Trim: Wood fascia
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is an abundant of existing trees
located throughout this site. The landscape plan, date stamped by the City on June 7, 2006, does
not show any of the existing trees incorporated into the project. The applicant's representative has
indicated that they will try to retain as many of the trees around the existing house as they can.
The rest of the trees are to be removed to allow the placement of fill to bring the pad sites for the
dwellings above the base flood elevation (BFE).
Tree Replacement Calculations: It is unknown at this time what the tree replacement requirements
are for this site, as the City Forester has not had adequate time to complete an inventory of the
trees on this site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There is one public street within this development, which the applicant is showing
street trees will be installed. The street trees are spaced 70-feet on center, which exceeds that
required within Eagle City Code.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
M. TRASH ENCLOSURES:
Each Condo will have a specific location for the trash enclosure that is located within the
underground parking area. The owners of the two, four, and six plex townhouse units will keep
their trash within the garage of each of the units.
N. MECHANICAL UNITS:
The applicant is proposing to use attic mounted mechanical units. The application indicates that
there could be site mounted mechanical units where required and that these units will be screened
with landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of a zoning certificate for this site.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-58-06) has
been submitted for the approval of any signs.
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Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have 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.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise River
Mature Trees - yes, throughout the site
Riparian Vegetation - yes, in proximity to the Boise River
Steep Slopes - yes, existing levee
Stream/Creek: yes, Ballantyne Ditch
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC:
The Parks and Pathway Development Committee provided recommendations regarding the public
pathways to be constructed within the development (see Park and Pathway Development
Committee Recommendations incorporated herein by reference and attached to the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
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Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business
District (eBD). Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process, see specific planning
area text for a complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant
hazards during a flood event. Also, the floodway areas shall not be considered as a part of
the minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Floodway areas shall be excluded from being
used for calculating permitted residential densities. Any portion of the flood way
developed as a substantially improved wildlife habitat area open to the public, or useable
public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required
for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map
and the floodway boundary shown on the Federal Emergency Management Administration
maps such that the floodway area is smaller than that shown on the Land Use Map the
adjacent land use designation show shall be considered to abut the actual flood way
boundary.
When new flood way boundaries are approved by FEMA and/or the City, the flood way
area on the Comprehensive Plan Land Use Map should be revised to reflect any new
flood way line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming,
enhanced landscaping, detached meandering pathways and appropriate sign age controls.
. AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter 1 Overview
1.1 The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
I. To protect fish, wildlife, and recreation resources.
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Chapter 4 - Schools, Public Services And Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
plays an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers,
it must be involved in any plans that will effect the community. Service providers
currently include:
. The Eagle Sewer District provides sewer service within a designated sewer
service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
. The Meridian and Boise School Districts provide K-12 education.
. United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
. The Eagle Fire District provides fire and emergency services.
. Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.2.5 Domestic Water Existing and Future Conditions
Eagle Water Company, United Water Idaho (UWID) and the City of Eagle are the
major domestic water providers. Some residential subdivisions have their own
water systems and individual wells are used in some areas of the City.
4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation of landscaping when new development is within an
irrigation district and water rights are available.
4.5 Implementation Strategies
g. Encourage foothills and riverside development to provide emergency access
points.
Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
k. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
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p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Chapter 7 Natural Resources And Hazard Areas
7.5 Water Resources
Surface Water:
The Boise River carries water for irrigation and provides fishing, water-fowl
hunting (not permitted in city limits), and recreation.
The Eagle planning area is crossed by eight irrigation systems: the Farmers Union
Canal, New Dry Creek Canal, New Union Ditch, Breshears Lateral, Ballantyne
Canal, the Mason Catline Canal, Capital View Canal and the Boise Valley Canal.
7.7 Wildlife
An important part of the City and Impact Area is within the Boise River and Dry
Creek floodplains. This area contains important natural resources including
wildlife, fish, water and deer.
7.8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (I) the flood way which is the most severe
area of flooding characterized by deep and fast moving water; and (2) the
floodplain which is less severe than the flood way and is characterized by
shallower and slower moving waters at the time of flooding.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the
100-year floodplain of the Boise River and Dry Creek.
The flood way is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the flood way and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
7.9 Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 8 Transportation
8.1 Background
Transportation planning and land use planning should be compatible with Eagle's
transportation system and should take into account projected land use as depicted
on the Eagle Land Use Map.
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
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experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modem, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
8.2.5 Residential Collectors
Mobility Function:
The primary function of a residential collector street is to intercept traffic from
local streets and minor numbers of abutting parcels and carry the traffic to a
collector or arterial street. A secondary function is to service abutting property.
The ACHD allowed length and number of vehicle trips per day on residential
collectors is less than collectors. The residential collector street may serve
motorized and non-motorized transportation needs, and be designed with the
minimum street section to accommodate the projected vehicle volume.
Access Function:
To provide limited and controlled access to residential neighborhoods.
Right-of-Way
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and
its Area of Impact.
8.5 Objective
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Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
I. If the Highway District or ITD do not require traffic impact studies for new
development, the City of Eagle may require a traffic impact study to include,
but not limited to, potential impacts to existing traffic patterns, suggested
roadway widths, access to existing and proposed roadways, signalization,
location and need for intersections, turn lanes, and bus stops. In addition, the
traffic impact study should address parking and pedestrian traffic.
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
q. Design and/or align roads to preserve existing trees wherever possible; safety
shall not be compromised.
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
Chapter 9 Parks, Recreation And Open Spaces
9.5 Pathways And Greenbelts
Pathways are non motorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
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9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
J. Provide adequate parking and public facilities along greenbelts and pathway
systems.
1. Provide public information on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway
systems (i.e., milepost markers).
9.6 Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6. I Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands. and aquifer recharge, watersheds, and
wetlands.
c. To protect against hazards that are inherent to flood plains, tlood ways, steep
slopes, and areas of geological instability.
d. To protect the natural lay of the land (e.g., minimize land disturbance).
e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
f. To protect important views, vistas, and panoramas of the community's natural
setting and environment.
Chapter 11 Special Areas and Sites
11.1 Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
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and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat.
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
. Area wide drainage including hillsides, foothills and gulches
. Water quality
. Sanitation
. Area-wide traffic plans
. Pathways, trail access
. Wetlands issues
. Fish and wildlife habitat
. Existing trees and natural features
. River and creek greenbelt areas
. Potential for permanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
Drainages and Canals
Special natural and manmade features of Eagle are the drainages and canals. The
main purpose of the canals and drainage ditches is that of distributing and moving
water.
11.3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
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h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
1. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 12 Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain with wildlife, trees, and recreation
opportunities; (cl the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
c. The flood way shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, sign age and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
I. Encourage the development of pathways and open-space corridors throughout
the City.
r. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
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b. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of downtown (see Eagle Tree Plan below).
I2.S Eagle Tree Plan
12.S.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
12.S.2 Objectives
a. To create an urban forest that will help reduce air and noise pollution,
conserve water and reduce soil erosion, assist in modifying the local climate,
increase property values, and improve Eagle's economy by providing a
pleasant and more comfortable place to shop and live.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. The applicant shall work with the City Forester regarding the removal and replacement of the
existing trees at the replacement size as required per Eagle City Code or provide compensation to
the City Tree Fund at a valuation rate to be determined by the City Forester prior to the City Clerk
signing the final plat.
. Provide a revised preliminary plat showing Avenue "A" to be constructed in two (2) phases. The
phasing line for the two (2) phases of Avenue "A" shall be the north south line between Phase 3
and Phase S. Phase 1 of the Avenue "A" shall be constructed with Phase I of the development,
Phase 2 of Avenue "A" shall be constructed prior to issuing building permits for the residential
units in Phase 4.
. Upon completion of construction of A venue "A" the applicant shall eliminate the temporary
vehicle access on the eastern boundary of the development and convert the access to a pedestrian
pathway providing access to the greenbelt pathway prior to the City Clerk signing the final plat for
the final phase of the development.
. Provide a revised preliminary plat showing sidewalks to be located on both sides of the drive aisles
providing access to the condominiums/townhouses prior to submitting an application for final plat
approval.
. Provide a revised preliminary plat showing a street cross section with the planter strips to be eight
feet (S') in width and bike lanes on each side of the road prior to submitting an application for a
final plat approval.
. The applicant shall submit a design review application showing proposed subdivision signage and
a landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping,
and berming, fencing, and planting details for review and approval by the Design Review Board
prior to submittal of a final plat application.
. The developer shall provide 3-inch minimum caliper 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 and
the drive aisles, or as approved by the Design Review Board. The trees shall be located in an ~-
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 IS0% of the cost of the installation of all landscape and
irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the
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dwelling units. A temporary occupancy may be issued if weather does not permit landscaping.
. All living trees shall be preserved, unless otherwise determined by the City Forester. A detailed
landscape plan showing how the trees will be integrated into the open space areas or private lots
(unless approved for removal by the City Forester and the Design Review Board) shall be provided
for Design Review Board approval prior to the submittal of a final plat. The applicant shall have
an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site
meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the
site.
. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
. Any overhead utilities and existing poles serving the existing dwelling and accessory structures
shall be removed and placed underground prior to the City Clerk signing the final plat.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-1-2
BUILDING HEIGHT: The vertical distance measured from the average elevation of the
proposed finished grade at the front of the building to the highest point of the roof for flat
roofs, to the deck line of mansard roofs, and the top of the peak for gable, hip and gambrel
roofs.
. Eagle City Code Section 8-2A-6(B)(6)(e)
Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted.
. 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
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
I .5x caliper of tree removed
1 x caliper of tree removed
. Eagle City Code Section 8-2A-7(C)(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 C 1 of this section.
. Eagle City Code Section 8-2A-7(M)(2)
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In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear
feet of street frontage.
. Eagle City Code Section 8-2A-7(M)(3)
Within residential developments one shade class (class II or class III) tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all streets
within the five foot (5') wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the distance
between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of
street frontage.
. Eagle City Code Section 8-4-4-6
One bicycle parking space within an approved rack shall be required for each thirty (30)
required automobile parking spaces or fraction thereof for office and commercial
developments. Multi-family residential developments shall provide one bicycle rack space pef
each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in
accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada
County" as prepared for the Ada County highway district with the exception that bicycle racks
do not have to be covered unless required by the design review board, or planning and zoning
commission or city council.
. Eagle City Code Section 8-4-5
RESIDENTIAL
Apartments or multi-family
dwellings
For each unit with 2 or more bedrooms - :2 including 1
covered; for each I bedroom or studio unit - 1.5
including I covered. 0.25 spaces per unit shall be
provided for guest parking. Adjacent on street parking
spaces on a local street may be credited toward the guest
parking requirement
D. DISCUSSION:
. The applicant is proposing to construct twenty seven (27) buildings, housing two hundred fourteen
(214) dwelling units (twelve (12) condominiums, six (6) six-plex buildings, eight (8) four-plex
buildings, and one duplex building). The existing house is to be converted into a clubhouse,
however, that is not apart of this application. The architectural style of the townhouses and
condominiums follows the Craftsman style of architecture outlined within the EASD book. The
applicant recognizes that three story craftsman structures are uncommon; however, many elements
identified in the EASD book are reflected in the building design of the dwelling units. The
porches are framed with pedestal-like tapered columns that broaden at the base. The roofs have
wide, overhanging eaves with decorative elements under the gables. A mixture of earthen
materials including stone, wood, shakes, wood siding, wood trellis' and earthen toned paint are
proposed to be used in the construction of each structure.
Per Eagle City Code, the maximum height allowed within the Mixed Use zoning district if thirty
five feet (35'). The applicant has submitted a conditional use permit requesting a height exception
to construct the condominiums at 49' 2 I;':''' high and the townhouses at 36' 7" high. On September
18,2006, the Eagle Planning and Zoning Commission recommended denial of the height
exception for the condominiums and townhouses based on the visual obstructions of the tree line
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along the Boise River and that it is not harmonious with the desires of Eagle. Staff defers
comment regarding the height of the condominiums and townhouses to the Design Review Board.
. The applicant has not provided detailed plans showing how the existing residence is to be
converted into the clubhouse with associated swimming pool. The applicant should be required to
submit a Design Review application showing how the existing dwelling unit is to be converted
into a clubhouse with associated swimming pool, pedestrian amenities, and landscaping. The
Design Review application should be reviewed and approved by the Design Review Board prior to
the City Clerk signing the final plat for that phase of The Lofts and Eagle Ri ver.
. There are numerous trees located throughout this site. The landscape plan, date stamped by the
City on June 7,2006, does not show any of the existing trees incorporated into the project with the
exception of the trees located adjacent to East Riverside Drive and those located in the southeast
area of the site. The applicant's representative has indicated that they will try to retain as many of
the trees around the existing house as they can. The rest of the trees are to be removed to allow the
placement of fill to bring the pad sites for the dwellings above the base flood elevation (BFE). To
date, the City Forester has not completed an evaluation of the trees on this site. The applicant
should work with the City Forester regarding the removal and replacement of the existing trees at
the replacement size as required per Eagle City Code or provide compensation to the City Tree
Fund at a valuation rate to be determined by the City Forester prior to the City Clerk signing the
final plat.
. On September IS, 2006, the Eagle Planning and Zoning Commission recommended approval of
the annexation, rezone, and preliminary plat applications (A-I2-06/RZ-I4-14-06 & PP-IS-06).
The Commission recommended that the applicant provide a revised plan showing four foot (4')
wide sidewalks to be located on both sides of the drive aisle located south of the public right-of-
way and on one side of the loop drive aisle located north of the public right-of-way (see Exhibit
"A" for specific locations). The sidewalks are to be a stamped concrete (or similar material with a
texture) and may be located at the same grade of the drive aisle. The applicant should be required
to provide a revised landscape plan showing designated crosswalks where the four foot (4') wide
sidewalks cross any drive aisles. The revised landscape plan should show sidewalk connections to
the four foot (4') wide sidewalks to be constructed adjacent to the drive aisles. The revised
landscape plan should be reviewed and approved by staff prior to the City accepting a final plat
application.
. The applicant is proposing to construct a loop drive aisle on the north side of the public right-of-
way to access the dwelling units. The drive aisle is proposed to be located twenty feet (20') south
of the pathway along East Riverside Drive. The applicant should be required to provide a revised
landscape plan showing a landscape buffer along the north side of the east/west portion of the loop
drive aisle located parallel to East Riverside Drive to screen headlights and parked cars from
passing motorists and pedestrians. The revised landscape plan should be reviewed and approved
by staff and one member of the Design Review Board prior to the City accepting a final plat
application.
· The landscape plan date stamped by the City on June 7, 2006, shows several different symbols
within the Floodway area that are not referenced on the Symbol Legend. The applicant should be
required to provide a revised landscape plan showing all symbols and descriptions as shown on the
landscape plan. The revised landscape plan should be reviewed and approved by staff and one
member of the Design Review Board prior to the City accepting a final plat application.
· The landscape plan date stamped by the City on June 7, 2006, indicates a six foot (6') high
redwood fence it to be located around several of the ground floor dwelling units. Per Eagle City
Code, cedar, fir and similar high maintenance and/or unsightly fencing are not permitted. The
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applicant should be required to provide a revised landscape plan showing the fence proposed
around the ground floor dwelling units to be constructed of a material that is not a high
maintenance material. The revised landscape plan should be reviewed and approved by staff and
one member of the Design Review Board prior to the City accepting a final plat application.
. The landscape plans date stamped by the City on June 7, 2006, do not show any pedestrian
amenities (i.e.: benches, picnic tables, bike racks, etc.). The applicant did submit detailed cut
sheets of in-grade light fixtures indicated as "Pathway Accent" lighting and bollard light fixtures
indicated as "Pathway General". The applicant should be required to provide a lighting plan
showing where the General and Accent light fixtures are to be located. The lighting plan should
be reviewed and approved by staff prior to the City accepting a final plat application. Detailed cut
sheets showing the style, color, size, etc. of all pedestrian amenities should be submitted. A
revised landscape plan showing the location of all pedestrian amenities should be submitted
reviewed and approved by staff and one member of the Design Review Board prior to the City
accepting a final plat application.
. Per Eagle City Code, the number of residential dwelling units proposed with this development
requires four hundred forty six (446) parking spaces. The site plan and floor plans date stamped
by the City on June 7,2006, show four hundred thirty four (434) parking spaces are proposed to be
constructed with this development which is twelve (12) parking spaces less than what is required
by Eagle City Code. The applicant should be required to provide a revised landscape plan
showing twelve (12) additional parking spaces on this site. The revised landscape plan should be
reviewed and approved by staff prior to the City accepting a final plat application.
. Staff defers comment regarding building design and colors to the Design Reviev. 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 was held on the application before the Design Review Board on September 28, 2006. at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (Grubb and MacDonald absent) to approve DR-S7-06 for a design review
application for the common area landscaping, residential townhouse and condominiums within
The Lofts at Eagle River Subdivision, for Sea 2 Sea, with the following staff recommended site
specific conditions of approval and standard conditions of approval with text shown with strike
thru to be deleted by the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-I2-06/RZ-14-06 and PP-I2-06 (The Lofts at Eagle
River).
2. Comply with any applicable conditions of CU-OS-06 (height exception for the condominiums and
townhouses).
Page 18 of24
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3. The applicant shall work with the City Forester regarding the removal and replacement of the existing
trees at the replacement size as required per Eagle City Code or provide compensation to the City Tree
Fund at a valuation rate to be determined by the City Forester prior to the City Clerk signing the final
plat.
4. All living trees shall be preserved, unless otherwise determined by the City Forester. A detailed
landscape plan showing how the trees will be integrated into the open space areas or private lots
(unless approved for removal by the City Forester and the Design Review Board) shall be provided for
Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site
meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting,
construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that
are to be preserved, prior to the commencement of any construction on the site.
5. The applicant shall be required to submit a Design Review application showing how the existing
dwelling unit is to be converted into a clubhouse with associated swimming pooL pedestrian amenities.
and landscaping. The Design Review application shall address the perimeter landscaping proposed
around the base of the duplex located iust north of the proposed clubhouse. The Design Review
application shall be reviewed and approved by the Design Review Board prior to the City Clerk
signing the final plat for that phase of The Lofts and Eagle River.
6. Provide a revised preliminary plat showing a street cross section with the planter strips to be eight feet
(S') in width and bike lanes on each side of the road prior to submitting an application for a final plat
approval.
7. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the City Clerk signing the final plat.
S. Provide a revised landscape plan showing designated crosswalks where the four foot (4') wide
sidewalks cross any drive aisles (see Exhibit "A" attached hereto). The revised landscape plan shall
show sidewalk connections to the four foot (4') wide sidewalks to be constructed adjacent to the drive
aisles. The revised landscape plan shall be reviewed and approved by staff prior to the City accepting
a final plat application.
9. Provide a revised landscape plan showing the Conifer trees located along the north propertv line of this
site. The Conifer trees shall be used to screen headlights and parked cars from passing motorist and
pedestrians from the east/west portion of the loop drive aisle located parallel to East Riverside Drive.
If the Conifer trees are not able to be retained, a revised landscape plan showing a landscape buffer in
this area shall be submitted. The revised landscape plan showing the Conifer trees retained on site or a
landscape buffer shall be reviewed and approved by staff and one member of the Design Revie\l
Board prior to the Citv accePting a final plat application. Previse a revised laAdscape rlaA sllowiAg a
laRElseape Bliffer alElRg the Aonll side of tile ea5t1west rortioA of the looll sri, e aisle loeated Ilarallel te
East Riverside Drive to sereeR lIeasligllts aAd parked cars frem passiAg motorists aRS lleElestriaAs. Tile
revises laAdscape plaA shall Be reviewed aRd approved by staff aRs ORe member of the DesigR Review
Board prier te tile City accel'tiRg a final plat applicatioA.
10. Provide a revised landscape plan showing all symbols and descriptions as shown on the landscape
plan. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City accepting a final plat application.
11. No wooden fencing or other high maintenance fencing is proposed on this site and none is approved.
Previae a revises laRsseape IllaA sllowiAg tile feRee IlfElllesed arOlIAS tile greliAd floor swelliAg IiAits
to Be COAstrncteEl Elf a material tllat is AOt a lIigllmaiAteRaRee material. Tile revises laAsseare plaA
sllall Be reviewes aRs allpro'ieEl BY staff aAd ORe memBer ef tile DesigR Review Bear-a prior to tile City
aceeptiRg a fiAal plat aplllieatioR.
Page 19 of 24
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12. Provide a lighting plan showing where the General and Accent light fixtures are to be located. The
lighting plan shall be reviewed and approved by staff prior to the City accepting a final plat
application.
13. Provide a revised landscape plan showing the location of all pedestrian amenities. Detailed cut sheets
showing the style, color, size, etc. of all pedestrian amenities shall be submitted. The revised
landscape plan and cut sheets shall be reviewed and approved by staff and one member of the Design
Review Board prior to the City accepting a final plat application.
14. The Board supports the use of the individual drivewavs to mitigate the need for twelve (12) additional
parking: spaces on this site. ProviEle a revised lafldscape plaH sHowiHg twelve (12) aElEliticlHal parkiHg
spaces OH tHis site. THe reyiseEllaflElseape plaH shall be reviewed aHd appmyeEl13y staff prior to tHe
City 8eeeptiHg a fiHal plat applieatioR.
IS. Provide a revised landscape plan showing the width and materials to be used in the construction of the
pathways through this development to be incompliance with recommendations of the City of Eagle
Parks and Pathway Development Committee. The revised landscape plan shall be reviewed and
approved by staff prior to the City accepting a final plat application.
16. Any overhead utilities and existing poles serving the existing dwelling and accessory structures shall
be removed and placed underground prior to the City Clerk signing the final plat.
17. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
IS. No signs are proposed with this application. A separate design review application (DR-SS-OS) has been
submitted for the approval of a sign plan for this development. The sign plan shall be reviewed and
approved prior to the City Clerk signing the final plat for this site.
19. Provide a revised landscape plan showing the height of all Evergreen trees to be six to seven feet (6' -
7') tall at the time of planting. The revised landscape plan shall be reviewed and approved by staff
prior to the Citv accepting a final plat application.
20. The material and color samples are approved as presented.
21. Provide a revised landscape plan showing how the trees removed from this site will be mitig:ated
incompliance with the Citv Foresters recommendation stated within her memo dated September 2S,
2006. The revised landscape plan shall be reviewed and approved bv staff and two members of the
Design Review Board prior to the Citv accePting a final plat application.
22. Provide a revised landscape plan showing how the pathwavs shown on the conceptual pathwav plat
date stamped bv the Citv on SePtember 2S, 2006, are to be incorporated with the proposed sidewalks
and landscaping. The revised landscape plan shall be reviewed and approved bv staff and one member
of the Design Review Board prior to the City accepting a final plat application.
23. Provide revised elevation plans showing the height of the buildings do exceed fortv five feet (4S').
The revised elevation plans shall be reviewed and approved bv staff and two members of the Design
Review Board prior to the Citv accepting a final plat application.
STANDARD CONDITIONS OF APPRO V AL:
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 any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
Page 20 of 24
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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 Cenificate 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 (I) 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. 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 Certificate of Occupancy.
Page 21 of 24
K:\Plllllllillg l.>ert\Eagk Arrlil.:Uli'lIls\Dr\2006\DR.57.()() IUIILI Jrl.u,";
10. 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.
I I. 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.
12. 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,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO
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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor 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 Occu pancy, whichever occurs first.
14. 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, v.hichever occurs first.
IS. 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.
16. 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.
17. 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.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Unifonn 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.
Page 22 of 24
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20. 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 Planning and Zoning Commission for
review and approval.
21. 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.
22. 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.
23. 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.
24. 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 the Design Review Board approval date).
25. 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.
26. 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 application for this item was received by the City of Eagle on June 7,2006.
2. Requests for agencies' reviews were transmitted on June 13, 2006, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-57-06) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3.
for the MU-DA (mixed use with development agreement) zoning district.
5. The Design Review Board is pleased with this project including the architecture and height of the
buildings. The Board recognizes that the height of the buildings exceed the maximum height of thirty
five feet (35') allowed within Eagle City Code and encourages the applicant to redesign the buildings
so they do not exceed forty five feet (45') in height. The Board believes that a height of forty five feet
(45') is harmonious with other recent height exception permitted within the City and still permits
views of the tree canopy.
Page 23 of 24
K:\PJanning Dept\Eag\e Applil.:Uliolls\Dr\2006\DR-57-D61and tIrf.dOl,;
DATED this 12th day of October 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada co~aho
ATTEST:
Clerk
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Page 24 of 24
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