Findings - DR - 2008 - DR-71-08 - Townhomes And Common Area Landscapng For Lonesome Dove, Llc
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR TOWNHOMES
AND COMMON AREA LANDSCAPING
FOR LONESOME DOVE, LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-71-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 13, 2008. 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:
Lonesome Dove, LLC, represented by Chad Longson and Cord Christensen, is requesting design
review approval for the townhomes and common area landscaping within Lonesome Dove
Subdivision. The site is located on the southwest comer of East Riverside Drive and Edgewood
Lane at 1505 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 14,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 15, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2006, the City Council approved an annexation and rezone with development
agreement for this site.
On September 26, 2006, the City Council approved the final conditions to be placed within a
development agreement.
On January 23,2007, the City Council approved the preliminary plat for Lonesome Dove
Subdivision (PP-18-06).
On March 27, 2007, the City Council approved the common area landscaping for Lonesome Dove
Subdivision (DR-01-07).
On August 14, 2007, the City Council approved two multi-tenant retail/restaurant/office buildings
within Lonesome Dove Subdivision (DR-30-07).
On December 18, 2007, the City Council approved the final plat for Lonesome Dove Subdivision
(FP-10-07).
On June 24, 2008, the City Council approved a design review application for a modification to two
multi-tenant retaiVrestaurant/office buildings within Lonesome Dove Subdivision (DR-30-07
MOD).
On August 7, 2008, City staff approved a design review for modification to the architectural
Page 1 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drf.doc
design of the clubhouse within Lonesome Dove Subdivision (DR-01-07 MOD).
E. COMPANION APPLICA nONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway MU-DA (Mixed Use with Mixed use development
and Scenic Corridor Development Agreement) including commercial,
overlay (pending adoption of Rezone retail, single-family, and
Ordinance) multi-family residential.
Proposed No Change No Change No Change
North of site Public/Semi-Public and PS (Public/Semipublic) and A ACHD Park and Ride,
Mixed Use (Agricultural), MU-DA State Highway 44, Eagle
(Mixed Use with development River Development
agreement)
South of site Residential Two and R-2-P (Residential - two units Boise River
Floodway per acre Planned Unit Rivers End Planned Unit
Development) and RP (Rural Development
Preservation- Ada County
Designation)
East of site Mixed Use RUT (Residential - Ada Proposed Eagle Gateway
County designation) and MU South development
(Mixed Use)
West of site Mixed Use RUT (Residential - Ada Proposed Lofts at Eagle
County designation) River development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The Boise River extends along the southern portion of the
property as well as existing trees and other riparian vegetation associate with the River. There are
also clusters of mature trees along the northern portion of the property adjacent to E. Riverside
Drive. The applicant has begun improvements on the site including road sections and separated
sidewalks.
Page 2 of 12
K:\Planning DeptlEagle ApplicationslDr\2008lDR- 71-08 River District townhomes drf.doc
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 5-acres (approximately) (217,800- 5,000-square feet (0.1 I-acres)
square feet) (minimum)
Percentage of Site Devoted to 47% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 13% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces All units are proposed to have 2- 2-parking spaces, including 1 covered
car garages except the "A" units. (for each single family residential unit)
Front and street side setback 1 8- feet 18-feet (minimum) (measured from
back of curb)
Rear Setback 1 0- feet 10-feet (minimum) (measured from
edge of alley)
Side Setback (adjacent to Riverside 35-feet 35-feet (minimum) (measured from
Drive) edge of curb)
Side Setback (alley, no garage) 5-feet 5-feet (minimum) (measured from edge
of alley)
Side Setback (adjacent to commor 5-feet 5-feet
area)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Twenty (20) attached single-family residential buildings.
Height and Number of Stories of Proposed Buildings: 35-feet, two and three stories.
On and Off-Site Circulation:
According to the site plan date stamped by the City on October 14, 2008, the applicant is
proposing private drive aisles that will provide access to the garages located at the rear of the
proposed residential townhomes located on each side of E. Lone River Drive (see the Discussion
section of the staff report for more on the drive aisles).
Two public streets are shown on the preliminary plat for Lonesome Dove II. South Lone Brook
A venue, located on west side of the plat, connects to the development from the south. E. Lone
River Drive is a public road that bisects the second phase of the development east to west.
K. BUILDING DESIGN FEATURES:
Roof: Architectural composition shingle ("Teak", "Brownwood" and "Driftwood")*
Walls: Lap board on board siding ("Pewter Green", "Sierra Redwood" and "Library Pewter")
Stucco ("Bird's Eye Maple", "Roycroft Suede", "Tony Taupe")*, Manufactured Stone
("Chardonnay", "Autumn", "Dressed Fieldstone")*
Page 3 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drfdoc
Windows/Doors: Wood with aluminum clad window
Fascia/Trim: Tru-wood trim ("Copper Mountain", "Sturdy Brown" and "Copper Pot")*
*See color palette provide by applicant in the color elevation plans.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees located
along the north section of the property adjacent to East Riverside Drive. The trees will be
evaluated by the City Forester.
Tree Replacement Calculations: To be determined by the City Forester.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees were reviewed and approved by the Design Review Board in a
previous design review application (DR-1-07).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping: N/ A (residential)
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The applicant is proposing ground mounted mechanical units which will be screened by
landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Page 4 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drfdoc
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes, flood area adjacent to Boise River
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, adjacent to river, western boundary and proximity to Riverside Drive
Riparian Vegetation - yes, in proximity to the Boise River
Steep Slopes - yes, existing levee
Stream/Creek - yes, Ballantyne Ditch (is now tiled)
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes, riparian areas adjacent to 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 attached to the staff report and
incorporated herein by reference. Comments, which appear to be of special concern, are noted
below:
Ada County Highway District - Comments concerning traffic impact fees and submittal of
construction plans
Central District Health - No objection
Chevron Pipeline - No conflict
Eagle Fire Department - Comments on location and spacing offire hydrants
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS: N/A
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 designates this site as Mixed Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Provide a revised preliminary plat showing the pathway adjacent to Riverside Drive similar in
size and width (approximately 10') to the pathway adjacent to Riverside Drive to the west of this
development prior to submitting a design review application.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
3.4 The Setbacks shall be as follows:
· Attached Townhome product:
Page 5 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drf.doc
Front and Street Side
18 feet measured from back of curb
Street Side (adjacent to Riverside Drive) 35 feet
Alley side (no garage) 5 feet measured from edge of alley
Rear 10 feet measured from edge of alley
Side adjacent to common area 5 feet
D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat 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(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
E. DISCUSSION:
· The applicant is proposing to construct twenty (20) attached single-family residential buildings
within the River District (Lonesome Dove Subdivision). The proposed buildings are broken down
into the following unit types: 9-triplexes, 2-fourplexes, 1-fiveplex, 4-sixplexes, 2-sevenplexes and
2-eightplexes, for a total of94 attached single-family units. The architectural design of the units
will all be within the same theme of "Northwest Craftsman" which, according to the applicant's
justification letter incorporates cleaner lines and forms and a greater variety of materials. The
"Northwest Craftsman" maintains traditional craftsman elements such as an emphasis on
horizontal, low-pitched gable roofs, exposed timber columns, knee braces and rafter ends. The
applicant maintains that this architectural style is more conducive to the river corridor environment
and less intrusive on the natural scenery of the area.
On June 24, 2008, the Eagle City Council approved a modification application for the commercial
buildings within the River District (DR-30-07 MOD). These buildings incorporated the above
mentioned design elements and prompted the creation of a River District theme for the area, which
the proposed residential building designs are modeled after.
Though there are twenty (20) separate buildings proposed with this application, the applicant has
provided color elevations for only several of the proposed building examples. The applicant
contends that the building architecture will be identical on all the buildings and that only the
size/unit number of the buildings will vary. Staff defers to the Board the need to evaluate the
design of each individual building.
· All of the proposed single-family residential units will have 2-car garages except for the "A" units
Page 6 of 12
K:\Planning Dept\Eagle Applications\Dr\2008\DR-71-08 River District townhomes drf.doc
which will have single car garages. Because City Code requires single-family residential units to
provide 2-parking spaces, those units with only single car garages will be required to provide an
additional "guest" parking space. The "A" units encompass five (5) of the tri-plex buildings,
which will then require an additional eighteen (18) "guest" parking spaces. Staff has calculated
that eighteen (18) parallel parking spaces can be accommodated along the north side East Lone
River Drive. If the Design Review Board and City Council finds that location to be sufficient for
guest parking then the applicant will be in compliance with the City Code parking requirements.
· The applicant has provided a landscape plan that appears to be for the individual residential units
and not for any of the open space areas associated with this site. Because these are proposed to be
attached single-family residential units the landscaping associated with the individual lots will be
managed under the purview of the CC&Rs for the Lonesome Dove subdivision and not the City.
On October 28, 2008, the City Council approved a modification to the development agreement for
this site that will likely alter the design and layout of the building lots and open space. The
applicant should provide a revised landscape and site plan for the common areas associated with
this application. The landscape and site plan for the common area associated with the
townhomes should be reviewed and approved by staff and the Design Review Board prior to the
City issuing a zoning certificate for this site or the City Clerk signing the final plat.
· On October 28, 2008, the City Council approved a modification to the development agreement for
this site that requires a thirty five foot (35') setback (buffer) along East Riverside Drive from the
back of curb to the attached single-family residential buildings. This setback was required so that
a buffer will exist between the attached single-family residential buildings and the road. The
applicant should provide a landscape and site plan that shows a thirty five foot (35') setback
(buffer) from the back of curb along East Riverside Drive and associated landscaping for the
buffer area. The revised landscape plan should also show how the existing trees will be
incorporated or mitigated into the plan. The revised landscape and site plan should be reviewed
and approved by the Design Review Board prior to the City issuing a zoning certificate for this site
or the City Clerk signing the final plat.
· The streetscape for this portion of the development was approved with a previous design review
application (DR-01-07). The sidewalk along the existing East Riverside Drive is shown to be five
feet (5') wide. Per the preliminary plat, a ten foot (10') wide pathway (similar to the pathway
located to the west of this site) is required to be located along the existing East Riverside Drive.
The applicant should be required to provide a revised landscape and site plan showing a ten foot
(10') wide minimum pathway to be located on the south side of the existing East Riverside Drive.
The revised landscape plan should also show how the existing trees are to be retained or mitigated
with the expansion of the pathway. The revised landscape and site plan should be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site or the City Clerk signing
the final plat.
· Staff defers further 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, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 13, 2008, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
Page 7 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drfdoc
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 3 to 0 (Barnes, McCullough, Niblett, and Whittaker absent) to approve DR-71-08
for a design review application for the townhomes and common area landscaping within
Lonesome Dove Subdivision for Lonesome Dove, LLC, with the following staff recommended site
specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of the landscape design review application for Lonesome Dove
Subdivision (DR-OI-07/DR-OI-07 MOD).
2. Comply with any applicable conditions of the modified development agreement (A-12-05/RZ-19-05
MOD 1).
3. The landscape and site plan for the common area associated with the townhomes shall be reviewed and
approved by staff and the Design Review Board prior to the City issuing a zoning certificate for this
site or the City Clerk signing the final plat.
4. Provide a landscape and site plan that shows a thirty five foot (35') setback (buffer) from the back of
curb along East Riverside Drive and associated landscaping for the buffer area. The revised landscape
plan should also show how the existing trees will be incorporated or mitigated into the plan. The
revised landscape and site plan shall be reviewed and approved by the Design Review Board prior to
the City issuing a zoning certificate for this site or the City Clerk signing the final plat.
5. Provide a revised landscape and site plan showing a ten foot (10') wide minimum pathway to be
located on the south side of the existing East Riverside Drive. The revised landscape plan shall also
show how the existing trees are to be retained or mitigated with the expansion of the pathway. The
revised landscape and site plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site or the City Clerk signing the final plat.
6. Because of required changes to the landscape and site plan the applicant shall schedule an onsite
meeting with the City Forester to plan for how the existing trees will be preserved or mitigated.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
11. No signs are proposed with this application. A separate design review sign application shall be
submitted for the approval of any signage for these buildings.
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 any building permits or Certificate of Occupancy,
whichever occurs first.
Page 8 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drf.doc
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
Page 9 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drf.doc
The applicant shall pay applicable street light inspection fees prior to Certificate 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 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 (Le.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City 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.
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, whichever occurs first.
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 Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
Page 10 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-7J-08 River District townhomes drfdoc
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 application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use ofIandscaping (top ofthe fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 14, 2008.
2. Requests for agencies' reviews were transmitted on October 15, 2008, 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-71-08) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (mixed use with development agreement) zoning district.
5. The Board recommends that the parking for this application be calculated using the multi-family
residential parking analysis, in which case the Board finds that the provided parking, including
proposed off-street parking, is sufficient for the development. This conclusion was based on the
Page 11 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drfdoc
applicant stating that a revised site plan will be provided to the City showing a reduction in single car
garage dwelling units from fifteen (15) to four (4). Based on this information staff has calculated that
that twenty four (24) on-street parking spaces will be required (20 for guest parking and 4 dedicated to
the single car garage dwelling units). Staff has further determined that the on-street parking
requirements can easily be met using the north side ofE. Lone River Drive (1S-parking spaces) and the
north side ofE. Lone Creek Drive (20+ parking spaces).
DA TED this 1 I th day of December 200S.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
..........",
.., O~ ",
.... ~"l( reA '..
,. ,..\.~ ~,... ..
. '" ~< -.
.... l"o\lPO~...... '(tl '\
;..... "" ",;..:
ATTEST: -._ . :
S ,....:
~~ ~ ~..tP. ~ EAL l .:
( ~ '. ~\..'\';,.
.... "')0; Al~. .~ 0
vfyY sharo~a~gl~k ~ ......" OF ,,,,
&-x{C
Page 12 of 12
K:\Planning DeptlEagle ApplicationslDr\2008IDR-71-08 River District townhomes drf.doc