Findings - DR - 2006 - DR-95-06 - Common Area Landscaping, Residential Condos And Clubhouse In Terrazza/Eagle River Sub
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW OF THE COMMON )
AREA LANDSCAPING, RESIDENTIAL )
CONDOMINIUMS AND CLUBHOUSE )
WITHIN TERRAZZA AT EAGLE RIVER )
SUBDIVISION FOR JOHN MELLETTA )
FINDINGS OF FACT AND CO~CLUSIONS OF LAW
CASE NUMBER DR-95-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 12, 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:
John Melletta, represented by Doug Russell with The Land Group, Inc, is requesting design rcview
approval to construct l2-condommium buildings consisting of 6S-unIts, a clubhouse, and common
area landscaping withm Terrazza at Eagle River Subdivision. The 5.8S-acre site is generally
located adjacent to the southeast comer of Reid Merrill Park approximately 2S0-feet east of the
intersection of Shore and Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this itcm on September 6, 2006.
e. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 13, 2006, m accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 25, 2006, the Eagle City Council approved an annexation and a rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement) for a sixty-six (66)
multi-family unit condominium/townhouse housing development within Eagle River Subdivision
(A-OI-06 & RZ-OI-06).
E. COMPANION APPLICATIONS: DR-96-06 (design review sign application)
Page I of 20
K_\Plmmins Depl\E~gle Applications\Dr\::!OQu\DR-95-06 drfdoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use and Floodway RUT (Rural Urban Vacant land
Transitional-Ada County
designation)
Proposed No Change MU-DA (Mixed Use with Residential
Development AlITeement) (condominiums)
North ofsite Mixed Use MU-DA (Mixed Use with Reid Merrill Park and
Development Agreement) Eagle River Development
South of site Floodway R-2 (Residential-up to two Hidden Island Subdivision
units per acre).
East of site Mixed Use RUT (Rural Urban Single family residence and
Transitional-Ada County pasture.
designation)
West of site Mixed Use MU-DA (Mixed Use with Reid Merrill Park
Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
In the spring of 2006, the site was clear cut and then filled to raise the site out of the 100-year
floodplain. Some existing vegetation within the wetland area remains on the south side of the site.
I. SITE DESIGN INFORMATION: 5.85 +/- acres
Total Number of Lots - I
Residential - 1
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 65
Duplex - 0
Multi-family - 65
Total Acreage of Any Out-ParceL; - none
Page 2 of 20
K\Plal1nill~ Dept',Eagle Applicalions\Dr\2006\DR-95-06 drfdoc
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 13.40-units per acre Up to twenty UnIts per acrc
Minimum Lot Size 5.85-acres 7,000-square feet
Minimum Lot Width 478-feet 75-feet
Minimum Street Frontage 60- feet 35-feet
Total Acreage of Landscaping 2.9-acres* .88-acres (minimum)
Percent of Site as Landscaping 51%* 15% (minimum)
* Note-All 65 units will be platted as condominium units; therefore the area outside of the walls of the
residential units and club house. not including drive aisles and parking area, will be
landscaping/common areas.
1. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: 12 condominium buildings and I club house
Height and Number of Stories of Proposed Buildings:
Condominium BUIldings (#1 & #2) - 34'-10" high, 2-stories
Condominium BUildings (#3 thru #7 and #9 thru #12) - 34' - I 0" high, 3-stories
Condominium Building (#8) - 34' -1 0" high, 3-stones
Clubhouse - 20' high, I-story
Gross Floor Area of Proposed Buildings:
Condominium BUildings (#1 & #2)
First floor = 12, ll5-square feet
Second floor = II ,250-square feet
Total = 23,365-square feet
Condominium BUIldings (#3 thru #7 and #9 thru #12)
First floor = 4,652-square feet
Second floor = 4,462-square feet
Third floor = 3,196-square feet
Total = 12,31 O-square feet
Condominium Building (#8)
First floor = 3,457-square feet
Second floor = 3,278-square feet
Third floor = 2,426-square feet
Total = 9,161-square feet
Clubhouse
First floor = 1.316-square feet
Total = 1,316 -square feet
K. BUILDING DESIGN FEATURES:
Roof: Concrete tde (red/brown)
Walls: Stone (grey/brown) and Stucco (tan)
Windows: French casement (bronze anodized)
Doors: Wood doors and garage doors (brown stain)
Fascia/Trim: Wood (brown stain)
Page 3 of 20
K:\Planning Dept\Eagle Applications\Dr\2006\DR-95-06 drfdoc
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are some existing trees located
within the mitigated wetland area on the south side of the site. The landscape plan, date stamped
by the City on September 6, 2006, indIcates the retention of the existing vegetation WIthin the
mitigated wetlands area. There is an existing sixty foot (60') wide perpetual access easement
along the east property line of Reid MeITill Park which gives the subject property access to East
Riverside Drive. The City Forester has documented three (3) Black Cottonwood trees and dump
Willow trees within the easement.
Tree Replacement Calculations: The landscape plan, date stamped by the City on September 6,
2006, does not indicate whether the three (3) trees and clump Willow trees within the existing
sixty foot (60') wide perpetual access easement will be retained or removed. If the applicant
removes any of the trees, they will be required to replace the trees as required within Eagle City
Code. The replacement trees should be ll1stalled throughout the sIte equalll1g the amount bell1g
removed or a financial contribution should be made to the Eagle City Tree Fund. Pursuant to past
actions by the Design RevIew Board and City CounciL the replacement cost of $150.00 per caliper
inch of trees removed should be deposited into the Eagle City Tree Fund account if replacement
trees can not be planted on this site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: There are no public streets within this development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
M. TRASH ENCLOSURES:
Each condominium unit will have their own individual trash container which will need to be rolled
out to the curb on their designated trash pick-up day. The applicant has indicated that the CC&R's
will discuss each condominium unit homeowners storing the trash containers in their garage on
non-trash pick-up days.
N. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units for Buildings 1 and 2. The
remaining buildings on the site indicate ground mounted mechanical units to be located on the
ends of the buildings. The ground mounted UllltS WIll be screened either with landscaping or a
masonry wall, dependmg on the width between the burldlllgs.
O. OUTDOOR LIGHTING:
The applicant has submItted a sitc and parkll1g lot Irght plan sho\VlIlg locatIOn, style, height, and
wattage of all proposed lights.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-96-06) has
been submitted for the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
The Eagle Sewer District is in the final process of annexing the property into its district. The tinal
action for the annexation should occur at the October 9, 2006, Sewer District meeting. The City
was forwarded correspondence from the Idaho Department of Environmental Quality dated
September 20,2005, regarding their concern over the adequacy of available water volume and
pressure. Approval of the water company having jurisdiction will be required prior to issuance of a
building permit. Utilities to the site will have to be provided utilizing the access easement granted
by the City.s
Page 4 of 20
K .\Plannir,.; Dept\Eagk-\pplicati'lns\[)r' ~()()(',DR-').'i.(]6 drf d\lC
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, east and south edges of the site. The entire site did have mature trees until the
applicant clear cut the property in the spring of 2006.
Riparian Vegetation - no
Steep Slopes - Yes, existing levee
Stream/Creek: Yes, Ballantyne Ditch
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat ~ Yes, Boise River
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 herem by
reference and attached to the Staff report Comments, which appear to be of speCial concern, are
noted below:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Memo from Julie Lafferty, City Forester dated September 29,2006 (see memo 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
Suitable primarily for a vat'iety of uses such as limited otIice, limited commercIal, and
residential developments. Uses should complemcnt uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specitic planning area text for a
complete description.
Page 5 of 20
K.\P]annifl~ Dept'Eagle Applicatjolls\Dr\20iJo\DR-lJ5-06 drfdoc
FIoodway
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 tloodway whIch can pose significant hazards
during a flood event. Also, the tloodway 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 tloodway developed as a
substantially improved wildlife habitat area open to the public, or uscable 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 f100dway boundary shown on the Land Use Map and
the f100dway boundary shown on the Federal Emergency Management AdministratlOn maps
such that the f100dway area is smaller than that shown on the Land Use Map the adjacent land
use designation show shall bc considered to abut the actual tloodway boundary.
When new f100dway boundaries are approved by FEMA and/or the City, the tloodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new tloodway 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 signage controls.
. AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter I - Overview
I.l 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 ~hal adequate publ1c faCll1tles and services ale provldcd lu thc
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 lite and property in areas subject to natural hazards and disasters.
1. To protect fish, wildlife, and recreation resources.
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 arc 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 111 any plans that will effect the community. ServIce providers
Page 6 of 20
K.\Plal1niJ~5 Dep!',Eagle Applications\Ol"'..200lJ'.DR.95-06 drt'Joc
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 mdividual 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.
Chapter 6 ~ Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and Hood damage
reduction for community residents.
Chapter 7 - Natural Resources And Hazard Areas
7.8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard arcas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (1) the Hoodway 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 f100dway 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 encouragcd In thc
100-year i100dplain of the Boise River and Dry Creek.
The f100dway is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Admimstration (FEMA) maps show specifically
where the t100dway and t100dplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplaIn areas.)
Page 7 of 20
K\Planning Depl\Eagle ApplicJlions\Dr\2001:>,-.oR-CJS-06 drfdoc
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
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; Lmportant 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 ofImpact.
8.5 Objective
Encourage alternative transportation f0l111S such as walk1l1g and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
Chapter 9 - Parks, Recreation And Open Spaces
9.5 Pathways And Greenbelts
Pathways are nonmotorized 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 interconnectivjty of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
Page 8 of 20
K.,Plamlil's Lkpl LLgk .\ppli..:allUl1s',llr.:2U(i("UK.'J5-U0 JrlJu~
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 residcnts arc
able to safely access and utilize pathways for altemal1ve forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's publtc pathway system and/or adjoining development's publtc
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
J. Provide adequate parking and publtc facilities along greenbelts and pathway
systems.
I. Provide publtc information on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway
systems (i.e., milepost markers).
Chapter 11 -- Special Areas and Sites
I 1.1 Background and Vision
"Special Areas and Sites" are defined as areas, sItes or structures of hlsturical,
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
and cultural centers. Develupment uf SpeCial Areas or Sltcs shuuld takc placc III
manner that retlects 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 Floodplalll,
and the North Foothills possess a recognized function as a wildlife habitat,
f100dway and scenic natural resource reflecti ve 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
. PotenriaJ for permanent open space and natural prcscrvcs lllcludlng sleep
hillside terra!l1. rock outeroppings and !oothill b'lllches.
Page 9 of 20
K\Planning Dept\Eagle Applicatiotls\Dr\2006\DR-95-06 drfdoc
11.2 Recognized Special Areas and Sites
Boise River F]oodplain
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.
1].3 Goa]
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.
h. Encourage the preservatIOn of habitat areas whIch proVide for lish and
wildlife.
\. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may lrom 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 ]2 - Community Design
12.1 Background and Vision
Community desib7J1 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 Riwr and Its !100dpla1l1 with wildlde, trees, and recreatlon
opportumties; (C) the rol11l1g hills north of the river: and, (d) a network of canals
which cnsscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased tra!1lc levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors havL:
great potential for more intensive mixed-use development.
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 floodway shall be reserved as a natural state such as a greenbelt, wildlik
habitat, and open space recreational area and for agricultural uses.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Page 10 of20
K \Plannil~,! DeptElgle .-\pplicatinns'.Dr" :!OO{,..DR.'i.5.(){) drr ..llI(
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 mdustrial development shall be reqUired to
meet minimum design standards as specified by City Ordmances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridgelines as visual amenities.
l. Encourage the development of pathways and open-space cOlTldors throughout
the City.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD Book). Architecture styles and building design elements that are not shown with
the EASD Book will not be permitted.
3.4 The applicant shall submit a Design Review application for the sIte (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the
Design Review prior to issuance of a zoning certificate.
3.5 Development of the Property will be permitted through the Design Review process and future
conditional use permits for the rcsidential development will not be required cxcluding any
height exceptions that may be requested. Height exceptions shall require a conditional use
permi t.
3.6 The conditions, covenants and rcstnctions for the Propel1y shall contain at kast the followll1g:
(c) A requirement for all fencing within the development to be open-style three foot (3 ')
high wrought iron fencing. All other fencing (i.e. cedar fencing, vinyl, chainlink) shall
be prohibited.
(d) Parking shall only be allowed in the designated parking areas or the garage units of the
residential dwellings.
3.8 As provided by the applicant, "Mediterranean Theme" shall be the required architecture
standard for the development. Architectural examples of the above descriptive language are
attached hereto as Exhibit D. Eagle Design Review Board and Eagle City Council approval of
the detailed architectural plans of the structures, landscaping and any proposed signage for the
development is required prior to the issuance of any building permits. To assure compliance
with this condition, the applicant shall create an architectural control committee (ACC) as a
component of the development's CC&R's. Provisions regarding the creation and operating
procedures of the ACC shall be mcluded in the CC&R's, and shall be reviewed and approved
by the City attorney prior to the approval of a condominium plat or issuance of a zoning
certificate, whichever occurs first.
The submittal of a building permIt applicatlon to the City tor all buildll1gs Within the
development shall be accompal11ed by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
Page II of20
K:\Plannins Derl,Eagk Applicatiolls\Dr'.20U6,DR"J5-U() dll'J~1C
3.9 Provide a site plan for Design Review approval showing pedestrian pathways to be located on
both sides of the driveway throughout the development prior to submitting a Design Review
application.
3.10 The Conceptual Plan shows the locations for all buildings within the development. The
Setbacks shall be as follows:
. Front (North Property Line)
. Sides (East and West Property Line)
. Rear (South Property Line)
20 Feet
15 Feet
20 Feet
3.13 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum twelve foot (12') wide asphalt public pathway along the portion
of the Property adjacent to the Boise River. The specific location and design of the pathway
shall be approved by the City of Eagle Park and Pathway Development Committee prior to
submittal of a desIgn review applicatIon. The asphalt pathway shall be located 111 a recorded
easement or easements dedicated to and accepted by Eagle as proVIded 111 Eagle CIty Code
Section 9-4-l-6(E) (2). The II1strument number of the recorded easement or easements shall be
referenced on the face of the plat for Terrazza Condominiums, upon recordation of the
condominium plat(s) wherein the pathway is located. Other than any pathways approved by
Eagle, development within the Floodway and the open space area between Terrazza at Eagle
River and the Boise River shall be prohibited.
3.14 Applicant shall provide a center common area plaza as generally depicted on the Concept
Plan. The intent of the plaza is to become a focal point of the development with an adequate
area for gathering, a water feature, benches, seat walls, and ornamental lighting to create a
sense of place and identity for the core area of the development. The landscaping may include
shrubs, flowers, water features, etc., and shall be reviewed and approved by the Eagle Desil,,'ll
Review Board and Eagle City Council prior to the issuance of a zoning certificate.
3.15 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design Review application. The plans shall show how
the lights will facilitate the "Dark Sky" concept of lighting.
3. I 7 Applicant shall provide pedestrian and bicycle public access from Riverside Drive to the
paved greenbelt pathway along the Boise River and as required in the Eagle Comprehensive
Plan and to be reviewed and approved by the Eagle Parks and Pathway Development
Committce and the Design Rcvic\\ Board prior tll the issuance or a /Oll1ng ccrtllicalc rllr the
property.
3.IS The Property is designed to allow for access connecting this Property to East RIverSIde Dnve
utilizing an existing perpetual access easement which crosses near the east end of Reid Merrill
Park and East Riverside Drive. As shown on the Concept Plan, the easement will be improved
with an access drive, landscape island, overflow parking for Reid Merrill Park and extensive
landscaping. The existing Ballantyne Canal shall be piped and covered to accommodate
parking for Reid Merrill Park adjacent to the entrance driveway. Maintenance of the easement
shall be conducted by Applicant and/or the owners' association of Terrazza at Eagle River.
The applicant shall provide a note on the plat stating the maintenance of the access easement
from East Riverside Drive shall be the responsibility of the Terrazza at Eagle River.
3.20 The applicant shall tile the Ballantyne Irrigation Ditch within the subject property and access
easement as required by the Ballantyne Irrigation Ditch Company prior to the issuance of a
zoning certiticate.
Page 12 of20
K:\Planning Depl\Eagle ApplicationsIDr\2006\DR-<.)5-G6 drfdoc
3.21 Applicant needs to submit letters from the Eagle Water Company and the Department of
Environmental Quality (Boise Regiona] Office) indicating potable water service has been
approved to serve the site prior to the issuance of a building permit for the property.
e. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eag]e City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrica] equipment shall be reviewed and approved by the Design Review Board. All root:
mounted mechanica]s shall be completely screened from view through the use of a parapet
wall when utilizing a Hat roof design or shall be enclosed within the building when utilizing a
roof design other than a Hat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
. 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
I inch to 6 inches caliper
6 1/4 inches to 12 mches
]2 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] of this section.
. 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 per
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.
Page 13 of 20
K.IPlanning Dept\Eagle ApplicLltilllls\Dr\200b\DR_95_06 drfJuc
. 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 1 bedroom or studio unit - 1.5
including I covered. 0.25 spaces per umt 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 twelve (12) buildings, housing sixty-five (65) dwelling
units and one club house. The site has access to East Riverside Drive through an existing sixty
foot (60') wide perpetual access ~asement along the east property lme of Reid Merrill Park. Th<.:
proposed buildings front a privat~ drive aisle that loops through the site. A clubhouse and
common area (including a pool, fountain. and seatmg) is placed in the middle of the site with
pedestnan connections to all of the bUlldmgs. The appltcant IS proposing a publtc pedestflan and
bicycle sidewalk to be constructed along the east side of the drive aisle from East Riverside Drive
to the proposed paved greenbelt pathway located on the North Channel of the Boise River.
. Since the site used fill to bring the pad sites for the dwellings above the base Hood elevation
(BFE), there is a grade change between Reid Merrill Park and the site. The appltcant is proposing
a two foot (2') high sandstone wall to mitigate the grade change. Between the wall and proposed
buildings, the applicant has placed a three foot (3 ') high decorative \'-Tought iron fence including
landscaping, to separate the buildings from Reid Merrill Park.
. The architectural style of the condominium buildings follows the MediteITanean style of
architecture outlined within the EASD book, which meets "Exhibit D" of the development
agreement for this site. The buildings exemplifY asymmetrical facades, incorporate occasional
towers, small balconies, and incorporate low pitch tile roofs. A mixture of earthen matenals
including stone and stucco walls accented with wood trellises, doors, and shutters are proposed to
be used in the construction of each structure.
· The approved development agreement for this site required the location and design of a publtc
pathway along the North Channel of the Boise River to be reviewed and approved by the Parks
and Pathway Development Committee. On September 20, 2006, the Eagle Parks and Pathway
Development Committee recommended approval of the location and deslgn of the pathway as
shown on the site plan date stamped by the City on September 6,2006. (see Park and Pathway
Development Committee Minutes September 20, 2006. attached hereto).
· The applicant is proposing to use roof mounted mechanical units for Buildings I and 2. The
remaining buildings on the site indicate ground mounted mechamcal units to be located on the
ends of the buildings. The ground mounted units will be screened either with landscaping or a
masonry wall, depending on the width between the buildings. The appltcant should be required to
provide a revised landscape plan showing the screening method for each ground mounted
mechanical unit located on the ends of Buildings 3 to 12. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site.
· There are existing trees within the mitigated wetland area located within the southern portIOn of
this site. The landscape plan, date stamped by the City on September 6, 2006, indicates the
Page 14 of20
K\Planning Dept\Eagle Applications\Dr\2006\DR-95-06 drfdoe
retention of the existing vegetation within the mitigated wetland area. There is an existing sixty
foot (60') wide perpetual access easement along the east property line of Reid Merrill Park which
gives the subject property access to East Riverside Drive. The City Forester has documented three
(3) Black Cottonwood trees and a clump of Willow trees within the easement. The landscape plan
does not indicated whether the three (3) trees and Willow clump trees will be retained or removed.
If the applicant removes any of the trees, they will be required to replace the trees as required
within Eagle City Code. The replacement trees should be installed throughout the sIte eljualmg
the amount being removed or a financial contnbution should be made to the Eagle CIty Tree Fund.
Pursuant to past actions by the Design Review Board and City CouncIl, the replacement cost of
$150.00 per caliper inch of trees removed should be deposited into the Eagle City Tree Fund
account if replacement trees can not be planted on this site. The apphcant should be required to
work with the City Forester regarding the removal and replacement of the eXisting trees. If any
trees are removed they should be replaced per the replacement size as required within Eagle City
Code or provide a financial contribution to the Eagle City Tree Fund. The applicant should be
required to provide a revised landscape plan showing how all existing trees wIll be incorporated
into the site or which trees will be removed from the site. Any caliper inches that can not be
replaced on site should be multiplied by $150.00 per caliper inch and paid to the Eagle Cay Trel?
Fund. The revised landscape plan should be reviewed and approved by staff and one member of
the Design Review Board. Any financIal contribution should be deposIted mto the Eagle City Tree
Fund prior to the City issuing a zoning certificate for this site.
. Per Eagle City Code, multI-family residential developments require one bicycle rack space per
each ten (10) units. The applicant should be required to provide a revised landscape plan showing
one or more bicycle racks equaling seven (7) bike parking spaces and their location on the site.
Detailed cut sheets showing the style and color of the bike rack(s) should also be submitted. The
revised landscape plan and cut sheets should be reviewed and approved by staff prior to the City
Issuing a zoning certificate for thIS site.
. The applicant proposes a total of ~ight (8) one bedroom units. fifty-six (50) two bedroom units.
and one (1) three bedroom unit, whIch totals sixty-Ii ve (65) UllltS. Per Eagle CIty Code, the
number of residential dwelling units proposed with this development, lI1cluding guest parking,
requires one hundred thirty seven (137) parking spaces. The site plan and floor plans date
stamped by the City on September 6,2006, show one hundred forty (140) parking spaces are
proposed to be constructed with this development. The Eagle City Code requires seventeen (17) of
the one hundred forty (140) parking spaces to be used for guest parking. There are twelve (12)
surface parking spaces shown on the site plan, therefore five (5) guest parking spaces are located
in private garages. Staff defers comment to the DeSIb'l1 Review Board and CIty CouncIl on whether
all seventeen (17) parking spaces should be surface parking spaces available on the site and not
within any of the private garages. If the Design Review Board or City CouncIl deSIres all guest
parking spaces to be surface parkmg on the site and not within any of the private garages, an
additional site specific condition of approval should be drafted.
. Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, statr 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 appliCatlOll befor,' thl? Dl?Slgll Rl?\Il?w Board Oil October 12, 2()()(). at \\l1lel1
time the Board made their decision.
Page 15 of20
K.\Plalll1inJ Dept'.E;Jgle AppliC;.ltjolls\Or\20()6'.DR-<)5.06 drr due
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
e. 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 5 to 0 (Barnes absent) to approve DR-95-06 for a design review application for
the common area landscaping, residential condominiums and clubhouse wlthll1 TelTazza at Eagk
River Subdivision for John Malletta, with the followmg staff recommended site specific conditions
of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of the Development Agreement withm A-Ol-06 & RZ-OI-06.
2. Provide a revised landscape plan showing the screening method for each ground mounted mechanical
unit located on the sides of Buildings 3 thru 12. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certi ficate.
3. The applicant shall \York with the City Forester regarding the removal and n:plaeement of the existing
trees on the site. If any trees are removed, they shall meet the replacement sIze as reqUired per Eagle
City Code or make a financial contnbution to the City Tree Fund. Provide a reVIsed landscape plan
showing how all existing trees will be incorporated into the site or which trees will be removed from
the site. Any caliper inches that can not be replaced on site should be multiplied by $150.00 per
caliper inch and paid to the Eagle City Tree Fund. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board. Any financial contribution should be
deposited into the Eagle City Tree Fund prior to the City issuing a zoning certificate for this site.
4. 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 trces that are to be preserved, prior to thc commenccmcnt or ~1Il)
construction on the site.
5. Provide a revised landscape plan showing one or more bicycle racks equaling seven (7) bike parking
spaces and their location on the site. Detailed cut sheets showing the style and color of the bike rack(s)
shall also be submitted. The revised landscape plan and cut sheets shall be reviewed and approved by
staff prior to the City issuing a zoning certificate for this site.
6. Provide a revised landscape plan showing the 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
statTprior to the City issuing a zoning certIficate for thiS sIte.
7. The applicant shall tile the Ballantyne Irrigation Ditch within the subject property and access easement
as required by the Ballantyne Irrigation Ditch Company prior to the City issuing a zoning certiticate for
this site.
8. No signs are proposed or approved With this application. A separate design review application (DR-96-
06) has been submitted for the appro\ al of an entry monument sign. The sign application shall be
reviewed and approved prior to the city issuing a zoning certificate for this site.
9. All existing or proposed ground mounted transfonners, cable, and phone boxes shall bc scrccncd by
landscaping per Eagle City Code.
10. All existing or proposed cable, electrical. and telephone service systems shall be lI1stalled
underground.
Page 16 of20
K.\?1;lImillg; DeprE"gle Applic~lli0ns\Or",2()O(,\DR-'J5-()6 drrdl1C
II. All roof vents shall be painted to matt:h the color of the roof.
12. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
13. The appltcant shall be requIred to comply with any appltt:able wndltlOns plat:ed on thIS appl1t:allon by
the City Engineer.
14. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
revtew.
STANDARD CONDITIONS OF APPROVAL:
1. The appltcant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not ltmited 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
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 pen11lts
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wetltne sewers will be required and the appltcant 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 appltcant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter Irom a registered professional engineer certit};ing 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 appltcant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, reroutll1g, covering or
changing has first been approved in v,Titing by the entity. A Registered Engineer shall certify that any
Page 17 of20
K.\PlanniIl6 Depl"EJgle App[jC~liul1S\Dr\2006\DR-lJ5-06 drfdoc
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1 ) has
been made in such a manner that the 110w 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 winng 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 Certiticate of Occupancy.
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.
11. 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 tor 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 Certiticate 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 Cny Pathway/Greenbelt Comml1tee tor 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.
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, \\ hichever occurs first.
Page 18 of20
K.\Plannins Depl\Eagle Applicali(ms\Dr\2000\DR-lJ5-06 drfdoc
15. 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 Eng1l1ecrs prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relatlve to Its et1ects 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, whl~hever occurs first.
IS. Basements in the flood plain are prohibited.
19. 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.
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 applicatlon,
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 intcrcst 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 oflandscaping (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.
Page 19 of20
K\Plallnifls Depl',Eagk Applicatiuns\Dr\200l1\DR-')5-06 drf.duc
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 6, 2006.
2. Requests for agencies' reviews were transmitted on September 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-95-06) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the infom1ation provided with the conditIOns reqUlrcd hcrcll1.
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.
DATED this 26th day of October 2006.
ATTEST:
~"""""".""
~.., ~ BAG!.;....
~..' ..\ 0 ......... <:;: ..
~ ~.. _. lI'..
~ ~.' .,ollA 1'~'" ~
: r~: ~" .. -tl -:.
: ...,: c ~ :
: . u .' -- .
: : "'" ,,:;: 0 :
~ .... SG h.. y,. :
..". ,l.)r"oO--'"
~ ...~... "'x;.. """'; :
";, _.... ('OR PO" ""..- ^ T' $'
'#, ..r1" ........ \. v......
"'" A TE O~ .,."
"".......""
Page 20 of 20
K:\Planning Depl\Eagle Applicaliolls\Dr\2006\DR-95-06 drfdoc