Findings - CC - 2020 - DR-10-20 - Townhomes In Lakemoor Subd No 8 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR TWO TOWNHOME )
BUILDINGS(6-UNITS)WITHIN LAKEMOOR )
SUBDIVISION NO.8 FOR TODD CAMPBELL )
CONSTRUCTION,INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-10-20
The above-entitled design review application came before the Eagle City Council for their action on April
14, 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;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Todd Campbell Construction, Inc., represented by Dean Waite, is requesting design review approval
for two townhome buildings (6-units)within Lakemoor Subdivision No. 8. The .37-acre site is located
on the south side of East Eagles Gate Drive approximately 700-feet east of South Eagle Road at 3087,
3099, 3111, 3066, 3074, and 3088 South Sedgebrook Lane(Lots 124-126 and 132-134, Block 9).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 6,2020. Supplemental information
(revised floor plans)was received by the City on March 3, 2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 12, 2020, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 9, 2016, the City Council approved a rezone with a development agreement, modifications
to the preliminary plat and the Third Amended and Restated Development Agreement (Lakemoor
Subdivision)(Instrument#2017-032373)development agreement(RZ-05-02 MOD4/RZ-03-16/PP-03-
05 MOD2).
On January 22, 2019, the City Council approved a design review application for the common area
landscaping within Lakemoor Subdivision No. 8 for C and 0 Development, Inc. (DR-56-18).
On January 22, 2019, the City Council approved the final plat for Lakemoor Subdivision No. 8 for C
& 0 Development,Inc. (FP-09-18).
On November 15,2019,the final plat for Lakemoor Subdivision No. 8 was recorded at the Ada County
Recorder's Office(instrument#2019-114490).
On February 25, 2020, the City Council approved a development agreement modification to modify
the condition of development relating to setbacks within Lakemoor Subdivision(RZ-05-02 MOD6).
For additional property history see: A-91/RZ-91/PP-91 /CPA-02-02/A-03-02/RZ-05-02/PP-03-05/
FP-13-05/FP-14-05/RZ-05-02MOD/FP-04-06/EXT-21-09/EXT-08-11 /RZ-05-02MOD2/RZ-
05-02MOD3/PP-03-05MOD/FP-01-13/FP-07-13/FP-04-13/FP-08-15/RZ-05-02MOD5/FP-
02-16 /DR-78-16/FP-17-16/FP-02-17/ FP-03-17 and FP-02-19.
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E. COMPANION APPLICATIONS: None.
F. LAND USE DESIGNATION:
Multi-family dwelling permitted pursuant to Eagle City Code Section 8-2-3 with a development
agreement(in lieu of a conditional use permit).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Vacant lots within
development agreement) Lakemoor Subdivision
No. 8
Proposed No Change No Change Multi-family dwelling(two
—3-unit townhomes)
North of site Mixed Use MU-DA(Mixed Use with Luxe Reel Theatre within
development agreement) The Bridges at Lakemoor
South of site Mixed Use MU-DA(Mixed Use with a Vacant lots within
development agreement) Lakemoor Subdivision
No. 8
East of site Mixed Use MU-DA(Mixed Use with a Single-family residential
development agreement) within Lakemoor
Subdivision No. 4
West of site Mixed Use MU-DA(Mixed Use with a Vacant lots within
development agreement) Lakemoor Subdivision
No. 8
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
I. URBAN RENEWAL DISTRICT:No.
J. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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K. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.37-acres(16,117-square feet) 2,500-square feet(minimum)
Percentage of Site Devoted 60%(approximately) 60%(maximum)
to Building Coverage
Percentage of Site Devoted 32.65%(approximately)(open space 15%(minimum)
to Landscaping for the overall development)
Number of Parking Spaces 14-parking spaces 14-parking spaces(minimum)
(12-parking spaces [6-two car garages], (12-parking spaces [6-covered
2-guest parking spaces located off of parking spaces],2-guest
East Fishing Creek Drive) parking spaces)
Lots 124, 125,and 126,Block 9
1 SITE DATA PROPOSED REQUIRED*
Front Setback(East) 10-feet(Lot 124) 10-feet(minimum)
11-feet(Lot 125)
10-feet(Lot 126)
Rear Setback(West) 10-feet(Lot 124) 10-feet(minimum)
12-feet(Lot 125)
14-feet(Lot 126)
I Side Setback(North) 0-feet(Lot 124) 0-feet (minimum) (adjacent to a
0-feet(Lot 125) building lot or exterior boundary)
3-feet(Lot 126) 3-feet (minimum) (adjacent to a
building lot or exterior boundary)
Side Setback(South) 3-feet(Lot 124) 0-feet (minimum) (adjacent to a
0-feet(Lot 125) building lot or exterior boundary)
0-feet(Lot 126) 3-feet (minimum) (adjacent to a
building lot or exterior boundary)
*Note:Setbacks and lot coverage per the development agreement associated with RZ-5-02 MOD6.
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Lots 132, 133,and 134,Block 9
SITE DATA PROPOSED REQUIRED*
Front Setback(West) 11-feet(Lot 132) 10-feet(minimum)
12-feet(Lot 133)
10-feet(Lot 134)
Rear Setback(East) 10-feet(Lot 132) 10-feet(minimum)
10-feet(Lot 133)
10-feet(Lot 134)
Side Setback(North) 5-feet(Lot 132) 0-feet (minimum) (adjacent to a
0-feet(Lot 133) building lot or exterior boundary)
0-feet(Lot 134) 3-feet(minimum)(adjacent to a
building lot or exterior boundary)
I Side Setback(South) 0-feet(Lot 132) 0-feet (minimum) (adjacent to a
0-feet(Lot 133) building lot or exterior boundary)
3-feet(Lot 134) 3-feet (minimum) (adjacent to a
building lot or exterior boundary)
*Note: Setbacks and lot coverage per the development agreement associated with RZ-5-02 MOD6.
L. PARKING ANALYSIS:
Number of Units: 6 (all 3-bedroom units)
• Eagle City Code Section 8-4-5 requires the following parking for apartments or multi-family
dwellings: For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or
studio unit- 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking.
Total parking spaces required for 6-units x 2-parking spaces= 12-parking spaces required
Total covered parking spaces required for 6-units x 1-parking space = 6-covered parking spaces
required
Total guest parking spaces required for 6-units x 0.25-parking spaces= 1.50-parking spaces
Proposed Onsite Parking Spaces: 14 (6-two car garages [12-parking spaces],2-on-street guest parking
spaces located off of East Fishing Creek Lane)
Required Parking Spaces: 14(12-parking spaces [6-parking spaces are required to be covered],2-guest
parking spaces required)(calculated based upon the above use identified in Eagle City Code Section 8-
4-5 "Apartments or multi-family dwellings")
M. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two townhome buildings totaling 6-units.
Height and Number of Stories of Proposed Buildings:
30' 3",two story(Lots 124, 125, & 126, Block 9)
30' 4",two story(Lots 132, 133, & 133, Block 9)
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Gross Floor Area of Proposed Buildings:
Lot 124, Block 9= First Floor- 1,072-square feet
Second Floor- 1,114-square feet
Total- 2,186-square feet
Lot 125, Block 9= First Floor- 1,056-square feet
Second Floor- 1,515-square feet
Total - 2,571-square feet
Lot 126, Block 9= First Floor- 1,033-square feet
Second Floor- 1,052-sauare feet
Total- 2,085-square feet
Lot 132,Block 9= First Floor- 1,110-square feet
Second Floor- 1,232-square feet
Total - 2,342-square feet
Lot 133, Block 9= First Floor- 1,013-square feet
Second Floor- 1.397-square feet
Total - 2,410-square feet
Lot 134, Block 9= First Floor- 1,131-square feet
Second Floor- 1,167-square feet
Total - 2,298-square feet
On and Off-Site Circulation:
One private street(South Sedgebrook Lane)will provide access to the garages located at the rear of the
proposed residential townhomes.
N. BUILDING DESIGN FEATURES:
Lots 124, 125,and 126,Block 9:
Roof: Asphalt Shingles(Black)
Walls: Stucco(Shoji White SW7041),LP Tru Lap Wood(Hawthorne Stain SW3518),Eldorado Stone
(Grand Banks Lodge/white Mortar)
Windows/Doors: Wood (Hawthorne Stain SW3518), Garage Doors (Shoji White SW7042), vinyl
(Black)
Fascia/Trim: LP Truwood(Enduring Bronze SW7055)
Lots 132, 133,and 134,Block 9:
Roof: Asphalt(Black)
Walls: Stucco (Dry Vit Gray Gull 131), LP Tru Lap Wood (Harbor Mist Stain SW3541), Craft Split
Modular(Shadowplay)
Windows/Doors: Wood(Harbor Mist SW3541), Garage Door(Repose Gray SW7015),vinyl(Black)
Fascia/Trim: LP Truwood(Urban Bronze SW7048)
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 were previously approved along South Sedgebrook Lane within Lakemoor
Subdivision No. 8 common area landscaping(DR-56-18).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones:N/A
Parking Lot Landscaping:N/A
P. TRASH ENCLOSURES:N/A
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 on the individual lots and landscaping within the
common areas adjacent to the lots.No rooftop mounted mechanical units are proposed and none are
approved.
R. 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.
S. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to the construction of any signs on the 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. The site is located within the Suez Water Service Area
and within the boundaries of the Eagle Sewer District.
U. PUBLIC USES PROPOSED:None.
V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
W. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
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 -unknown
Wildlife Habitat—no
X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
Y. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Park,Pathway, and Recreation
Z. LETTERS FROM THE PUBLIC:None received to date.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 (adopted November 14, 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 THIS PROPOSAL:
3.3 Area E of the Property, as depicted on Exhibit A2, may be developed by Owner with a
combination of any commercial and residential uses allowed within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as
limited in Section 3.9, below), a copy of which is attached as Exhibit D. An assisted living
facility/senior housing development shall be a permitted use within Area E. Buildings up to a
maximum of 50,000 square feet each are permitted for this area. This square foot limitation
does not apply to Fitness/Indoor Recreation Facilities, Education Facilities, and Hotels. The
maximum height of Hotels and Office Buildings shall be 50 feet; non-habitable architectural
elements shall be a maximum height of 60 feet. Multiple buildings are permitted to be located
on the same lot,provided however,that the maximum lot coverage requirements stated in Eagle
City Code are not exceeded.
The residential lots depicted on Exhibit A2 are to be developed by Owner in a combination of
either attached and/or detached townhomes at an approximate density of 10 units per acre.
E Setbacks and Minimum Lot Size for the Townhomes
Front 10 feet
Rear 10 feet
Side 0 feet(common wall or adjacent to a common lot)
Side 3 feet(adjacent to a building lot or exterior boundary)
Minimum Lot Size 2,500 square feet
Streets Gated Private Streets
Maximum Lot Coverage 60%
3.10 All development within Areas A through C and F through I, as depicted on Exhibit A2, shall
be consistent with the Site Development, Architectural, and Landscaping Design Guidelines
("Design Guidelines")attached hereto as Exhibit E and generally consistent with the Concept
Plan attached hereto as Exhibits A2 and A2. All development within Area E, as depicted on
Exhibit A2, shall be consistent with the Design Guidelines Commercial attached hereto as
Exhibit F and generally consistent with the Concept Plan attached hereto as Exhibits A2 and
A2. The Concept Plan attached hereto indicates the general nature and relative location of
certain elements for the Property. The intent of this Development Agreement is to allow
sufficient flexibility at the time of detailed planning and platting while still maintaining the
general intent of the Concept Plan with the requirements set forth in this Development
Agreement. Specific design elements shall be clarified during the platting and design review
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application processes. However, the streetscape as shown on the concept plan (the round-
abouts, center islands, and street trees) shall be required design elements as part of the final
design for the site and the open space for Area E shall be 25% in the aggregate,and open space
for Area F and G shall be a minimum of 25% in the aggregate, and open space in Area H and
Area I (subject to Section 3.9 above) shall be 25% in the aggregate. For the purpose of this
Development Agreement,open space shall be defined as all areas other than buildings,parking
lots, roadways, and individual residential lots within Areas A,B, C,F, and G.
C. 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 8-4-4-2: 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.
5. Light pole fixtures shall have a maximum height of:
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.
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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.
D. DISCUSSION:
• The applicant is proposing to construct two townhome buildings(two-triplex units for a total of
6-attached single family units)within Lakemoor Subdivision No. 8. The applicant's justification
letter states that facade of the homes are broken up with several design elements and different
building materials that fit within the Commercial Design Guidelines identified in the Lakemoor
Development Agreement. Staff defers comment regarding building design and colors to the
Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, 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 March 12,2020,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.
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BOARD DELIBERATION: (Granicus time 1:22:46)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the design, materials, and colors of the townhomes.
• If the three additional townhome units (Lots 127-129, 138-140, and 113-115, Block 9)have identical
building elevations to the elevations approved tonight,the Board is in favor or reviewing the materials
and colors of these townhome units with staff and two members of the Design Review Board.
• The Board is in favor of the proposed landscaping.
BOARD DECISION:
The Board voted 4 to 0 (Baer, Duperault,and Grubb absent)to recommend approval of DR-10-20 for a
design review application for two townhome buildings(6-units)within Lakemoor Subdivision No. 8 for
Todd Campbell Construction, Inc., 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
March 26, 2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on April 14, 2020, at which
time the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-10-20 for a design review application for two townhome
buildings(6-units)within Lakemoor Subdivision No. 8 for Todd Campbell Construction, Inc.,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 RZ-05-02 MOD6.
2. If exterior lighting is proposed, the applicant shall provide a lighting plan showing the location of all
lighting and provide detailed cutsheets showing the style, color, wattage, etc. The lighting plan and
detailed cutsheets shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
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. No rooftop mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
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9. No signs are proposed with this application and none are approved.
10. If the 3-unit townhomes located on Lots 127-129, 138-140, and 113-115, Block 9 have identical
building elevations as approved with this application,then the applicant shall provide building
elevations showing the materials and colors proposed to be reviewed and approved by staff and two
members of the Design Review Board prior to submittal of a building permit.
-OR-
If the 3-unit townhome elevations on Lots 127-129, 138-140, and 113-115, Block 9, do not match the
elevations approved with this application,the applicant shall be required to submit a Design Review
application to be reviewed and approved by the Design Review Board and City Council prior to
issuance of a zoning certificate.
NOTE: 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
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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. 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
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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
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).
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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-10-20) 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 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 townhomes 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 townhomes are design with materials and
colors that comply with the Commercial Design Guidelines identified in the Lakemoor
development agreement and is 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 the site meets the required parking requirements
for townhomes;
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 townhomes have been designed with quality materials that are consistent with the
Commercial Design Guidelines identified within the Lakemoor development agreement and will
harmonize with the single-family homes in 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
townhomes are in conformance with the Commercial Design Guidelines identified in the Lakemoor
development and will harmonize with the single-family homes 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 townhomes are 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 that provide pedestrian connectivity within the site;
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; and
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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.
DATED this 146 day of April 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
c Jas Pierce, Mayor
ATTEST: 1�,■�''`EAG'�••,f
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Sharon K.orerginann, Eagle City, Jerk E •Lr awe'
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Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen(14)days of the final written decision.
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