Findings - CC - 2020 - DR-11-16 MOD2 - Modification Of Common Landscaping, Amenities, Pool House. BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FORA )
DESIGN REVIEW FOR A MODIFICATION TO THE )
COMMON AREA,AMENITIES,AND POOL HOUSE )
WITHIN STILLWATER SUBDIVISION FOR )
COREY ELITHARP )
i'INDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-11-16 MOD2
The above-entitled design review application came before the Eagle City Council for their action on January
28, 2020. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact and Conclusions of Law;
i'INDINGS OF FACT:
A. PROJECT SUMMARY:
Corey Elitharp, represented by Rodney Evans with RE+P, is requesting design review approval to
modify the common area landscaping, amenities, and pool house within Stillwater Subdivision. The
39.7-acre site is located on the south side of State Highway 44 at the intersection of State Highway 44
and West State Street.
B. APPLICA1'iON SUBMITTAL:
The City of Eagle received the application for this item on November 7, 2019. Supplemental
information(landscape plan, floorplan, elevations, colored renderings)were received on December 3,
2019.
C. NO liCE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 14, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACi1ONS:
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-04-1 5IRZ-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 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
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to Stillwater Subdivision(DR-11-16 MOD).
On August 9,2019,the City approved a modification to the master sign plan to change the background
color of the tenant panels, the font color of the tenant signs, and to construct the tenant panels with
punch through illumination on the monument sign(DR-12-16 MOD).
E. COMPANION APPLICA!'IONS:None.
F. LAND USE DESIGNA'iION: Single-family residential,permitted pursuant to Eagle City Code Section
8-2-3.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAI'iONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MLJ-DA(Mixed Use with a Mixed use development
development agreement) including commercial,
retail, single-family,multi-
family residential,Dutch
Bros
Proposed No Change No Change No Change
North of site Neighborhood MU-DA(Mixed Use with a Predico Multi-
Residential,Estate development agreement), family/Apartments(75-
Residential,Mixed Use R-2-DA-P(Residential with a units)
development agreement— Countryside
PUD) Subdivision/Single Family
Residential
South of site Floodway RUT(Rural Urban Transition Boise River Floodway
—Ada County),
PS(Public/Semi-public)
East of site Industrial PS-DA(Public/Semi-public Eagle Sewer District
with a development Treatment Plant
agreement)
West of site Professional A-R(Agricultural Single Family Residential
Office/Business Park Residential)
H. DESIGN REVIEW OVERLAY DISiRICT:Not in the DDA,'IDA,CEDA, or DSDA.
L URBAN RENEWAL DIS'i'KICT:No.
J. EXISIING SITE CHARAC'iERISTICS: The site has been developed with curb, gutter, sidewalk, and
street trees as part of Stillwater Subdivision.
K. SITE DATA:
Total Acreage of Site—39.7-acres
Total Number of Lots—94
Residential—72(60 single-family, 12 live/work)
Commercial— 11 (22 condo dwelling units on second floor)
Flex Lot— 1
Common— 10
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Total Number of Units-94
Single-family-94
• 60 single-family
• 12 live/work(residence located on second floor)
• 22 condo dwelling units located above commercial uses within the
commercial area
Duplex-0
Multi-family-0
Total Acreage of Any Out-Parcels-0
L. PARKING ANALYSIS:
Gross Floor Area of Proposed Pool House: 467-square feet
Proposed Parking Spaces: 7
Required Parking Spaces:None.
M. GENERAL SITE DESIGN FEA11JRES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct three (3) buildings to be utilized as a pool house, storage
building,and irrigation pump house.
Height and Number of Stories of Proposed Buildings:
Pool house= 12' high; single-story structure
Storage Building= 19' 4 '/z"; single-story structure
Irrigation Pump House= 10' 4"; single-story structure
Gross Floor Area of Proposed Buildings:
Pool House=467-square feet
Storage Building= 156-square feet
Irrigation Pump House=201-square feet.
On and Off-Site Circulation:
Seven parking spaces are located on the north side of West Rustic Forge Street that provide parking for
vehicles using this site.
N. BUILDING DESIGN FEA1LJRES:
Pool House and Storage Building:
Roof: metal(black),'IPO(black)
Walls: brick(red),concrete(gray), board on board siding(charcoal), lap siding(charcoal)
Windows/Doors: Pella Impervia(black),wood(Medium Brown)
Fascia/Trim: DF Timber(Medium Brown)
Irrigation Pump House:
Roof: 'I'PO(white)
Walls: exposed concrete(gray),brick(red)
Windows/Doors: wood(Medium Brown)
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Outdoor Kitchen Trellis:
Roof: steel(black)
Walls: concrete(gray), brick(red)
O. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the development as previously approved in DR-1 1-
16.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
P. IRASH ENCLOSURES:
Two trash totes will be located within the pool house building.
Q. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units located adjacent to the irrigation
pump house. The ground mounted mechanical units are proposed to be screened by four-foot screen
walls. No roof mounted mechanical units are proposed and none are approved.
R. OUTDOOR LIGHTING:
A site and parking lot light plan showing location of all site and building lighting was received.
Detailed cutsheets for the lighting were received;however,they are missing illumination information.
S. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
the construction of any signs on this site.
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'I'(JRE ACQUISITIONS MAP:No map currently exists.
W. SPECIAL ON-SITE FEA1'LJRES:
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
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Unstable Soils-No
Wildlife Habitat-No
X. 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.
Eagle Fire Department
Idaho Transportation Department
Z. LE'I"I'ERS FROM THE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVII)ED WITHuv THE STAFY REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
i'HIS 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 away from downtown Eagle.Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING'iFIIS PROPOSAL:
3.13 The development shall incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables,etc.).The amenities shall be reviewed and approved by the Design Review Board prior to
the issuance of a Zoning Certificate.
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 building permits for commercial/retail buildings,
live/work residential units,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 operating 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.
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3.15 Owner shall submit a design review application showing at a minimum: 1)proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development,3)landscape screening details and buffering for the residential
units adjacent to East Old Valley Street 4) elevation plans for all proposed common area
structures and irrigation pump house(if proposed),5)landscape screening details of the irrigation
pump house(if proposed),6)useable amenities such as picnic tables, covered shelters, benches,
playground equipment(tot lot amenities),gazebos,bike racks,and/or similar amenities,7)design
of ponds to be constructed in reference to mosquito abatement. The design review application
shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the
first final plat.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
1HIS PROPOSAL:None.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits,and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to,new commercial, industrial,
institutional,office,multi-family residential projects, signs,common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use,exterior remodeling or
repainting with a color different than what is existing,exterior restoration,and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(K)(4): Parking Lot Interior Landscaping:
b.Additional Requirements:
(5)A terminal island for a single row of parking spaces shall be landscaped with at least one
tree and shrubs,ground cover, or grass.A terminal island for a double row of parking
spaces shall contain not less than two(2)trees and shrubs, ground cover,or grass.
• Eagle City Code Section 8-4-4-2(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.
5.Light pole fixtures shall have a maximum height of:
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a. Twenty feet(20')for parking lots with less than two hundred(200) spaces;
b. Twenty five feet(25') for parking lots with more than two hundred(200) spaces but less
than five hundred(500) spaces;
c. Thirty feet(30') for parking lots with more than five hundred(500) spaces;
d. Fifteen feet(15')for any pole within fifty feet(50') of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
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.
E. DISCUSSION:
• On March 24,2016,the common area landscaping within Stillwater Subdivision, including a
1,345-square foot pool house and pool located within Lot 4, Block 2.
The approved design review includes:
• pool and common lot area
o a pool house with restrooms
o a mechanical room
o enclosed hot tub under structure
o pool
o basketball court
o tot lot with playground equipment.
The applicant is proposing to modify the common area landscaping within Lot 4, Block 2,
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including the pool house and pool.
The proposed design review modification includes:
• Pool and common lot area
Inside the fenced area:
o a restroom building
o storage building with integrated community mailboxes
o an integrated overhead roof structure between the two buildings,tying the buildings
together and providing shaded seating areas
o overhead structurefBBQ area
o pool
o inground hot tub
o synthetic turn multi-use court area with four concrete corn hold boards
o concrete table tennis tables
o concrete shuffleboard
Outside the fenced area:
o half size basketball court
o four square
o hopscotch
o community garden
Development agreement condition 3.14 requires the pool house to be"Northwestern"style per
Exhibit"E."Development agreement condition 3.15 requires useable amenities such as
playground equipment(tot lot). Staff defers comment regarding the design and colors of the
buildings, landscaping,and proposed amenities to the Design Review Board.
STAFY RECOMMENDATION PROV11)ED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on December 12,2019,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 32:12)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed basketball court,hopscotch,four square,cornhole,shuffleboard,
and table tennis in lieu of playground equipment to meet the requirement of a tot lot.
• The Board is in favor of the proposed building materials and colors of the pool house, storage building,
and pump house.
• The Board is not in favor of the 8-foot tall fence proposed around the pool area because it is not in
scaled with a residential neighborhood and recommends a 6-foot tall high fence.
BOARD DECISION:
The Board voted 5 to 0(Grubb and Koci absent)to recommend approval of DR-11-16 MOD2 for a
design review application for a modification to the common area,amenities,and pool house within
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Stillwater Subdivision for Corey Elitharp,with the following site specific conditions of approval and
standard conditions of approval provided within their findings of fact and conclusions of law document,
dated January 9,2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on January 28, 2020, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-11-16 MOD2 for a design review application for a modification
to the common area,amenities,and pool house within Stillwater Subdivision for Corey Elitharp,with the
following Design Review Board recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-11-16,RZ-07-15, and PP-04-15.
2. Provide detailed cutsheets for all site and building lighting showing style,color, illumination type,
wattage,etc. The detailed cutsheets shall be reviewed and approved by staff prior to the issuance of a
zoning certificate.
3. Provide a revised landscape plan showing the location for all ground mounted transformers. All
ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code. The revised landscape plan shall be reviewed and approved by staff and two members of
the Design Review Board prior to approval of the final plat.
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 a revised landscape plan and fence detail showing the fencing around the pool area to be a
maximum of 6-feet in height. The revised landscape and fence detail plan shall be reviewed and
approved by staff prior to issuance of a zoning certificate.
10. Provide revised building elevations showing all gutters and downspouts. The revised building
elevations shall be reviewed and approved by staff and two members of the Design Review Board
prior to the issuance of a zoning certificate.
11. Provide a lighting plan and a detailed cutsheet for downlighting in the covered patio areas. The
lighting plan and detailed cutsheets shall be reviewed and approved by staff and two members prior to
the issuance of a zoning certificate.
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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 and 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.
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9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be 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 Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
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 Park and Pathway Development 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
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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 City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules,regulations, ordinances, plans,or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-11-16 MOD2)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
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the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping, amenities, and a pool house are permitted with
the approval of a design review application within the MU-DA (Mixed Use with a development
agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping,amenities,and
pool house are designed to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since 7-parking spaces have been provided for the
pool house;
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
pool house has been designed with quality materials that are consistent with the "Northwestern"
style of architecture identified in the development agreement;
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
pool house is in conformance with the "Northwestern" style of architecture identified in the
development agreement and has been designed to complement the general vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed pool house, storage building, and irrigation pump house are in
conformance with the required setbacks and height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with walkways throughout the subdivision;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area since there
are walkways and amenities for the residence throughout the subdivision; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 28t15 day of January 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Jason Pierce, Mayor L' � ,��,0 R�l?�4•;
ATTEST: ,S17-44
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`-haron K. Bergmann, Eagle Ci99 Clerk
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