Findings - DR - 2020 - DR-77-19 - Stillwater Sub No 01 - 2 Townhomes (Live-Work) 12-Units & Site Landscaping BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR TWO )
LIVE/WORK TOWNHOME BUILDINGS )
(12-UNITS)AND SITE LANDSCAPING )
FOR COREY ELITHARP )
riNDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-77-19
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 12, 2019. 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;
YINDINGS OF FACT:
A. PROJECT SUMMARY:
Corey Elitharp, represented by Rodney Evans with Rodney Evans + Partners, is requesting design
review approval to construct two (2) live/work townhome buildings (12-units) and site landscaping.
The 0.77-acre site is located on the south side of West Copper Silo Street between South Steel Farm
Avenue and South Carbon Rivet Avenue on Lots 1-13,Block 5,of Stillwater Subdivision No. 1.
B. APPLICAHON SUBMITTAL:
The City of Eagle received the application for this item on November 7, 2019. Supplemental
information(revised building elevations)were received on December 3,2019.
C. NO liCE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 15, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS AC'iIONS:
On January 12, 2016, the City Council approved a Comprehensive Plan Text Amendment and Map
Amendment, a rezone with a development agreement, and preliminary plat for Stillwater Subdivision
(CPA-04-15/RZ-07-15 and PP-04-15).
On March 24,2016,the Design Review Board approved the common area landscaping within Stillwater
Subdivision(DR-11-16).
On January 10,2017,the City Council approved a preliminary plat extension of time for the preliminary
plat of Stillwater Subdivision to be valid until January 12,2018(EXT-11-16).
On April 13,2017,the Design Review Board approved a design review application for the master sign
plan for Stillwater Subdivision(DR-12-16).
On August 8, 2017,the City Council approved the final plat for Stillwater Subdivision No. 1 (FP-08-
17).
On January 23, 2018, the City Council approved a modification to the final plat for Stillwater
Subdivision No. 1 (FP-08-17 MOD).
On February 15,2018,the City approved a modification to the common area landscaping and entrance
to Stillwater Subdivision(DR-11-16 MOD).
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On August 9, 2019, the City approved a design review application to modify the master sign plan for
Stillwater Subdivision(DR-12-16 MOD).
E. COMPANION APPLICA1'iONS:None.
F. LAND USE DESIGNA'i'ION: Live/Work—Single-family residential(attached)and commercial.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA1'iONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MLT-DA(Mixed Use with Vacant lots within Stillwater
development agreement in Subdivision No. 1
lieu of a PUD])
Proposed No Change No change Live/Work—Single-family
residential(attached),
commercial
North of site Mixed Use Mil-DA(Mixed Use with West Copper Silo Street,
development agreement :in vacant lot within Stillwater
lieu of a PUD]) Subdivision No. 1
South of site Mixed Use MU-DA(Mixed Use with Two townhome buildings
development agreement _in
lieu of a PUD]) proposed within Stillwater
Subdivision No. 1
East of site Mixed Use MU-DA(Mixed Use with Vacant lots within Stillwater
development agreement lin Subdivision No. 1
lieu of a PUD])
West of site Mixed Use R-2-P and R-1-P(Residential Vacant lots within Stillwater
Planned Unit Development) Subdivision No. 1
H. DESIGN REVIEW OVERLAY DISIRICT:Not in the DDA, IDA,CEDA, or DSDA.
I. URBAN RENEWAL DISIRICT:No.
J. EXIS'i'iNG SITE CHARAC1ERISTICS:
The site has been developed with curb, gutter, and sidewalk along West Copper Silo Street, South
Carbon Rivet Avenue, and South Steel Farm Avenue. Street trees have been installed along West
Copper Silo Street.
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K. SITE DATA:
SITE DATA PROPOSED REQUII&ED
Total Acreage of Site 0.77-acres(33,541-square feet) 5,000-square feet(minimum)
Percentage of Site Devoted 63%(approximately) 75%(maximum)*
to Building Coverage
Percentage of Site Devoted 29%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 24-parking spaces 24-parking spaces
(24-covered parking spaces (minimum- 12 parking spaces
_12-two car garages]) are required to be covered)
Number of Parking Spaces 38-parking spaces total Dependent on type of use per first
Commercial floor townhome work space
*Note:Lot coverage approved within the development agreement(RZ-07-15).
Live/Work Townhome Building(Lots 1-6,Block 5)
SITE DATA PROPOSED** REQIJII(ED*
Front Setback(South) 15-feet 15-feet(minimum)
Rear/Access Drive(North) 10-feet 10-feet(minimum)
Interior Side(East) 0-feet 0-feet(minimum)
Street Side(West) 9-feet 5-feet(minimum for all stories)
*Note:Setbacks and lot coverage approved within the development agreement(RZ-07-15).
**Note:Setbacks measured from the perimeter of building.
Live/Work Townhome Building(Lots 8-13,Block 5)
SITE DATA PROPOSED** REQIJII(ED*
Front Setback(South) 15-feet 15-feet(minimum)
Rear/Access Drive(North) 10-feet 10-feet(minimum)
Interior Side(West) 0-feet 0-feet(minimum)
Street Side(East) 10-feet 5-feet(minimum for all stories)
. •.
*Note:Setbacks and lot coverage approved within the development agreement(RZ-07-15).
**Note:Setbacks measured from the perimeter of building.
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L. PARKING ANALYSIS:
Number of Units: 12(all 3-bedroom units)
• Eagle City Code Section 8-4-5 requires the following parking for single-family dwelling(lots less
than 15,000-square feet): 2 parking spaces, including 1 covered.
Proposed Residential On-site Parking Spaces: 24(12-two car garages 24-convered parking spaces]).
Required Residential On-site Parking spaces required: 24 (12-parking spaces required to be covered).
Number of Live/Work commercial units: 12 —675-square feet(approx.) work space areas within the
first floor of each unit.
The 38 angled parking spaces located on the north and south sides of West Copper Silo Street were
approved for the live/work townhome units as part of the subdivision approval(PP-04-15).
M. GENERAL SITE DESIGN FEA1URES:
Number and Uses of Proposed Buildings: Two live/work townhome buildings totaling 12-units, (6-
units each).
Height and Number of Stories of Proposed Buildings: 36' 9",three story(per building)
Gross Floor Area of Proposed Buildings:
Townhome Building(Lots 1-6,Blk 5)=
First Floor— 1,756-square feet x 6 units = 10,535-square feet
Second Floor— 1,755-square feet x 6 units = 9,448-square feet
Third Floor—981-square feet x 6 units = 5,888-square feet
Total-4,312-square feet x 6 units = 25,871-square feet
Townhome Building(Lots 8-13,Blk 5)=
First Floor— 1,756-square feet x 6 units = 10,535-square feet
Second Floor— 1,755-square feet x 6 units = 9,448-square feet
Third Floor—981-square feet x 6 units = 5,888-square feet
Total-4,312-square feet x 6 units = 25,871-square feet
On and Off-Site Circulation:
One(1) alley located to the south of the live/work townhome buildings provide access to the garages
located at the rear of the proposed live/work townhomes. The alley provides connection to South Steel
Farm Avenue and South Carbon Rivet Avenue.
N. BUILDING DESIGN FEA!'URES:
Roof: '[P0(White)
Walls: Hardie board on board(Taupe), lap siding(Charcoal),brick(Red)
Windows/Doors: Fiberglass(Black), garage doors(Charcoal)
Fascia/Trim: Hardboard(Black),parapet cap(Black),steel awnings(Raw), steel railings(Raw)
O. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
Existing street trees along West Copper Silo Street are proposed to remain.
Tree Replacement Calculations:N/A.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees:
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Street trees were previously approved by the Design Review Board with application DR-11-16.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A.
Parking Lot Landscaping:N/A.
P. '[RASH ENCLOSURES:
The applicant is proposing residential trash and recycle receptacles(95-gallon each approx.)which
will be stored in unit garages.
Q. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical
units are proposed to be screened with landscaping.No rooftop mounted mechanical units are
proposed and none are approved.
R. OUTDOOR LIGHTING:
Building lighting is not shown on the building elevations. Detailed building lighting cut sheets were
received for the building lighting.
S. SIGNAGE:
A separate design review application(DR-78-19)has been submitted for the approval of the master
sign plan for signs on these buildings.
T. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City.A water
service approval has not been received to date.Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
U. PUBLIC USES PROPOSED:None.
V. PUBLIC USES SHOWN ON FU'!URE ACQUISITIONS MAP:No map currently exists.
W. SPECIAL ON-SITE FEA1'IJRES:
Areas of Critical Environmental Concern-No
Evidence of Erosion-No
Fish Habitat-No
Floodplain-No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes-No
Stream/Creek-No
Unique Animal Life-No
Unique Plant Life-No
Unstable Soils-No
Wildlife Habitat-No
X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required.
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Y. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Parks and Pathways
Flood Control District#10
Marathon Petroleum(fka Andeavor)
Z. LETTERS FROM'I'HE PUBLIC:None received to date.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAi '
ANALYSIS PROV1I)ED WITHIN THE STAi 'REPORT:
A. COMPREHr;NSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
'MIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take way from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL
CONCERN REGARDING'i'HIS PROPOSAL:
3.5 The Setbacks shall be as follows(Product Type Exhibit I):
Townhome Product(Block 4)and Live/Work Product(Block 5)(Rear-loaded garage):
Front 15-feet
Rear(at access drive) 10-feet
Interior Side 0-feet
Interior Side on Common Area: 5-feet
Street Side 5-feet for all stories
Maximum lot coverage 75%
3.6 The proposed building height of the commercial/condo and live/work units shall not exceed 42-
feet in height as shown on the submitted building elevation(Exhibit F).
3.8 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the Mixed Use District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations",existing at the time a design review application or conditional use permit
application(whichever the case may be)is made for individual building use.
All uses shown as"P"permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations,"shall be considered permitted uses
and all uses shown as"C"conditional uses under the MU zoning designation shall require a
conditional use permit,except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
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The following uses which are shown as"C"conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"shall be
permitted uses on the Property:
• Childcare
o Daycare Center
• Commercial Entertainment Facility(Indoor)
• Dwelling(Multi-Family)
• Dwelling(Single-family)
• Microbrewery
• Retail Sales(General)
• Retail Sales(Limited)
• Winery
3.14 The single-family dwellings shall be constructed utilizing"Northwestern" style architecture as
shown on Exhibit D. The commercial/retail buildings, live/work residential units,townhouses,
and pool house shall be constructed utilizing "Northwestern" style architecture as shown on
Exhibit E. Eagle Design Review Board approval of the detailed architectural plans for the
development is required prior to the issuance of a building permits for commercial/retail
buildings, live/work residential unities,townhouses, pool house, pumphouse for irrigation, and
gazebos.
To assure compliance with this condition, the applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the
creation and operation procedures of the ACC shall be included in the CC&Rs and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
To assure compliance with the conditions of approval herein,the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits,and any land annexed into the city after the date of
adoption hereof. Such development includes,but is not limited to,new commercial, industrial,
institutional,office,multi-family residential projects,signs,common areas, subdivision signage,
proposed conversions,proposed changes in land use and/or building use,exterior remodeling or
repainting with a color different than what is existing,exterior restoration,and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
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• Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and
Requirements:
A. Site And Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away
from the adjoining property.
3.Except as noted in subsection A4 of this section,all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light (including the lamp and
any nonopaque material/lens covering the lamp) shall not be directly visible by a person of
average height standing on the property line of any public right-of-way,or any private street,
or on the property line of any residentially zoned parcel of land or parcel of land used for
residential purposes.
4. When historic style light pole fixtures designed such that the portion of the fixture housing
the light bulb is to be exposed as a design element of the light fixture (as identified in the
EASD book)are approved, shielding shall only be required so the light is not directly visible
by a person of average height standing on the property line of any residentially zoned parcel
of land or parcel of land used for residential purposes. The light used shall be 3000K
maximum LED (or approved equivalent) and the light fixture shall be provided with optics
to direct light downward.
6. Except as otherwise permitted within this title, incandescent lights,two hundred fifty(250)
watt maximum high pressure sodium lights, 3000K maximum LED lights(or approved
equivalent) shall be the only type of site and building lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty(320)watts.
b. The light fixture shall be no higher than seventeen feet(17').
c. The design review board shall make the following findings prior to approving metal
halide lighting:
(1)The lighting shall be harmonious with and in accordance with the general objectives,
or with any specific objective of chapter 2, article A of this title;
(2)The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3)The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture (as identified in the EASD
book) shall not be permitted to have metal halide lighting.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply
with current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all
lighting, including streetlights located within the right-of-way, required by this title.
10 Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
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D. DISCUSSION:
• The applicant is proposing to construct two live/work townhome buildings within Stillwater
Subdivision No. 1.The proposed live/work townhome buildings include 12-attached single-family
units(6-units each).The architectural style of the townhome buildings will be"Northwestern"style
as required and shown in Exhibit"E"of the development agreement.The application states that the
live/work townhome buildings will be constructed of materials including brick, steel,hardie board
on board, and lap siding to tie into the rest of the overall development. Staff defers comment
regarding the building design and colors to the Design Review Board
The building elevations do not show exterior lighting; however, detailed lighting cut sheets were
received.The applicant should be required to provide revised building elevations showing building
lighting locations. The revised building elevations should be reviewed and approved by staff and
one(1)member of the Design Review Board prior to the issuance of a zoning certificate.
STAYF RECOMMENDATION PROV1I)ED WITHIN THE STAT r'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 below.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on December 12,2019,
at which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION: (Granicus time 2:04:54)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the building design, colors, and materials and affirms it complies with the
exhibits shown within the development agreement.
• The Board affirms that the street trees should be revised to a tree species that requires less water and
that will thrive in an urban setting within tree grates and the sidewalk.
• The Board is in favor of the proposed building wall light fixtures, but without the up-lighting feature
pursuant to Eagle City Code Section 8-4-4-2.
• The Board requested additional information regarding the roof mounted mechanical unit locations and
proposed screening.
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Brasher absent) to recommend approval of DR-77-19 for a design
review application to construct two (2) live/work townhome buildings (12-units) and site landscaping
within Stillwater Subdivision No. 1 for Corey Elitharp,with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be added by
the Board and text shown with strikethrough to be deleted by the Board.
SITE SPECIHC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-15, PP-07-15 MOD,DR-11-16 and all-subsequent
modifications.
2. Provide revised building elevations showing building lighting locations and detailed cut sheets for
building wall lighting with no up-lighting.The revised building elevations and detailed cut sheets shall
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be reviewed and approved by staff and eye-(4)two(2)members of the Design Review Board prior to
the issuance of a zoning certificate.(ECC 8-4-4-2)
3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
8. No signs are proposed with this application and none are approved.
9. Provide revised building elevations showing all materials and colors to be used in the construction of
the building. The revised building elevations shall be reviewed and approved by staff and two(2)
member of the Design Review Board prior to the issuance of a zoning certificate.
10. Provide a revised landscape plan showing a tree species that will thrive in an urban setting when
planted within the tree grates proposed within the sidewalks located south of West Copper Silo Street.
The revised landscape plan shall be reviewed and approved by staff and two(2)members of the
Design Review Board prior to the issuance of a zoning certificate.
11. Provide revised building elevations showing the location of the roof top mechanical units in relation
to the parapet walls. The roof top mechanical units shall be completely screened from view pursuant
to Eagle City Code Section 8-2A-6(A)(5)(b). The revised building elevations shall be reviewed and
approved by staff prior to the issuance of a zoning certificate..
NOTA:: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
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6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure,or canal,or drain,for irrigation water or irrigation waste water owned
by an organized irrigation district,canal company,ditch association, drainage district,drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or for any ditch, pipe or other structure, or canal, or drain, used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch, pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public,
prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Whether
located inside or outside of the public the perpetual maintenance of the street lights shall be the
responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business
owner's association, whichever the case may be. The applicant shall pay applicable street light
inspection fees prior to Certificate of Occupancy.
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11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents.Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses(i.e.; Commercial,Industrial, Schools,etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction,and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
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21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping).The light source itself shall otherwise be screened as provided for within Eagle City Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-77-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code there are no inconsistencies with the
comprehensive plan and two live/work townhome buildings are permitted with the approval of a
design review application within the MU-DA(Mixed Use with a development agreement in lieu of
a PUD)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the two proposed live/work townhome buildings are
designed with materials and colors associated with a farmhouse,industrial view of"Northwestern"
style architecture which complements the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has on-site covered parking within the
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first level garages of each live/work townhome building and additional parking along the north and
south sides of West Copper Silo Street and meets the required parking for the proposed use;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and City,
and where possible,enhance the continuity of thematically common architectural features since the
proposed buildings have been designed with quality materials that are consistent with a farmhouse,
industrial style of"Northwestern" architectural style approved within the development agreement
and will harmonize with proposed buildings within the vicinity;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
buildings are in conformance with the "Northwestern" style of architecture approved within the
development agreement and have been designed to complement the proposed buildings in the
vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
regulations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with sidewalks and walkways that provide pedestrian connectivity within the site and
access to future buildings and residential homes within the Stillwater Subdivision;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since there
are sidewalks and walkways that connect to future buildings and residential homes; and
I. No signs are proposed with this application. All signs, if approved, will be required to be
harmonious with the architectural design of the building and will not cover or detract from the
desirable architectural features.
DATED this 9t1 day of January 2020.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 14 of 14
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