Findings - DR - 2013 - DR-07-13 - Construct Condos And Club House BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT )
RESIDENTIAL CONDOMINIMUMS AND CLUB )
HOUSE FOR CRAIG DRIVER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-07-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 23, 2013. 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:
Craig Driver, represented by Eric Anderson with ALC Architecture, is requesting design review
approval to construct forty seven(47) residential condominium units and a 2,875-square foot club
house. The 7.24-acre site is located on the south side of West Flint Drive approximately 870-feet
east of Park Lane at 3605 West Flint Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 7, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 6, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 13, 2012, the Eagle City Council approved a rezone application for this site(RZ-
04-12).
On May 14, 2013, the Eagle City Council approved a modification to the rezone applications for
this site(RZ-08-03 MOD and RZ-04-12 MOD).
E. COMPANION APPLICATIONS: None
Page 1 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential A-R(Agricultural-Residential Existing residence and
—up to one(1)unit per five accessory structure(both to
(5)acres be removed)
Proposed No change MU-DA(Mixed Use with a Assisted living facility and
development agreement) senior housing
North of site Transitional Residential A-R(Agricultural-Residential Single family dwelling and
—up to one(1)unit per five accessory structures
(5)acres
South of site Mixed Use MU-DA(Mixed Use with a Vacant lot(L4,B2, Flint
development agreement) Estates Subdivision)and
Arts West Subdivision
(Commercial)
East of site Mixed Use MU-DA(Mixed Use with a Arts West Subdivision
development agreement) (Residential units and one
commercial building)
West of site Mixed Use MU-DA(Mixed Use with a Single-family dwelling
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There are two 1,700-square foot dwelling units located in the northeastern portion of that are to
remain and be incorporated into the overall design of the development. All other structures are to
be removed. There are numerous trees located south of the existing dwelling unit located at 3605
West Flint Drive. These trees were left over from the Arts West Subdivision located to the east of
this site. The applicant is proposing to incorporate most of the existing trees into this
development.
I. SITE DESIGN INFORMATION:
Total Number of Units—47
One bedroom—23
Two bedroom—22
Existing dwellings—2
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Twelve (12) buildings; eleven (11) residential
condominiums and one club house.
Height and Number of Stories of Proposed Buildings:
One story residential condominiums= 18 'h-feet in height.
One story club house=20-feet in height.
Page 2 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc
Gross Floor Area of Proposed Buildings:
One bedroom units= 1,000-square feet
Two bedroom units— 1,500-square feet
K. BUILDING DESIGN FEATURES:
Club House
Roof:Asphalt shingle(weathered wood)
Walls: Cementitious lap siding (dark brown), Cementitious board and batt siding (dark brown),
stone veneer(ledgestone)
Windows/Doors:Vinyl windows(beige),vinyl door(beige)
Fascia/Trim:Wood beam,metal gutters
Residential Units
Roof: Asphalt shingle(weathered wood)
Walls: Cementitious lap siding (dark brown), Cementitious board and batt siding (dark brown),
stone veneer(ledgestone)
Windows/Doors:Vinyl windows(beige),
Fascia/Trim:Wood beam,metal gutters
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees that the
applicant is proposing to retain or incorporate into the sites landscaping.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees between the back of curb and the separated
sidewalk along West Flint Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with 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
Page 3 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
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
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—see sheet L1.2 showing locations
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Ada County Highway District—Approved with conditions that Flint Drive be constructed to one
half of a 36 foot street section with curb, gutter, and sidewalk. The three existing driveways on
Flint Drive shall be replaced with curb, gutter, and sidewalk. One driveway is permitted on Flint
Drive.
Central District Health Department—Shall be serviced by central water and sewage. An
application for infiltration beds for storm water disposal shall be submitted to CDHD.
Chevron Pipe Line—No conflicts.
Eagle Fire Department—Submit plans showing roadway widths, curbs, and turning radius. The
plans shall identify fire hydrant locations. The roadway widths do not appear to meet the
minimum standard as indicated in the 2009 International Fire Code. The specific concerns of the
Eagle Fire Department shall be addressed prior to any building permits being issued.
Eagle Sewer District—The property has been annexed into the District. Submit construction
plans to the District for review and approval.
Page 4 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc
Idaho Department of Lands—Project does not impact State Trust Lands at this time.
Idaho Transportation Department—No objection.
Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.—Not in their service area.
W. LETTERS FROM THE PUBLIC: None received to date.
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 August 25, 2009) designates this site as
Transitional Residential
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning area text for a
complete description.
Chapter 6—Land Use
6.8.1 Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community commercial,
professional office,and a variety of residential densities. The vision for the area is to recognize the
activity center created by Eagle High School and existing development approved by Ada County
and to provide compatible land uses at densities that accommodate pedestrian scale design and
future mass transit.
A. Uses
The land use and development policies specific to the Park Lane Planning Area include the
following:
3. Flint Drive shall be preserved primarily as a residential street while properties abutting
State Street should include a mix of residential uses,commercial uses limited to lease
spaces no larger than 30,000 square feet and office uses that promote trip capturing.
The properties abutting State Street shall be reviewed and conditioned by the City
through the use of a development agreement at the time of rezone.
5. The land use for the properties north of Flint Estates and extending to Floating Feather
Road is Transitional Residential to ensure compatible residential lot sizing adjacent to
the Colony Subdivision. Extending east to west,ensuring compatibility with the 1
acre lots in the Colony Subdivision, densities in the area will increase to a maximum
of 3 units per acre near the high school.
B. Design
2. Flint Estates Area:
a. The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and
high school areas,and to complement the existing mixed use areas at State Street
and Park Lane(Camille Beckman)and planned new residential uses adjacent to
the north.
b. Street trees,benches and sidewalks are encouraged within the Park Lane Planning
Area.
Page 5 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc
c. Common parking areas at the sides of buildings and joint parking agreements
should be encouraged so walking distances between buildings are minimized and
provide a pedestrian scale to the area.
d. Activity and building orientation should focus on internal circulation roads rather
than the regional transportation network. Flint Drive is to remain primarily a
residential roadway.
e. On-street parking should be encouraged where sufficient right of way is available.
f. Signage should be done as a master sign plan rather than individual signs located
along State Highway 44/State Street.
g. Transitional residential densities and design elements(berms,fences,etc.)should
be used to provide buffering to residential areas to the east and north of the mixed
use area.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 Owner shall submit a Design Review application for the site(as required by Eagle City Code)
and shall comply with all conditions required by Eagle as part of the Design Review prior to
receiving a Certificate of Occupancy for any structure constructed on the site.
3.8 The assisted living facility(nursing/convalescent home)shall be architecturally designed to be
compatible to the commercial buildings located within Arts West Subdivision.
3.9 The attached residential cottages shall be architecturally designed to be similar in appearance
to the existing detached residential cottages previously constructed on Lot 9, Block 1, Arts
West Subdivision and shall be developed in phases as determined appropriate by Owner.
3.14 Eagle shall notify the adjacent neighbor to the west, located at 3855 West Flint Drive,prior to
the Design Review Board meeting date for the Design Review Board's review of the site plan
and proposed building architecture.
3.15 The following are conditions imposed on the proposed commercial development area
("Commercial Area") identified in the Concept Plan as the proposed and existing buildings
and adjoining improvements identified as Buildings A, B, Cl, C2, F, I, J,K, L,M,N, 0,P, Q,
and R . All buildings require the approval of the Design Review Board. The design of the
buildings shall incorporate residential elements to ensure compatibility with surrounding uses.
All building shall be designed in accordance with the Eagle Architectural and Site Design
book as set forth in Eagle City Code Section 8-2A.
3.16 The development shall include a minimum forty-foot (40') wide buffer unless a twenty foot
(20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3-3 D) for any
commercial uses located adjacent to any property with a residential zoning designation.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 defines Dwelling,Multi-Family as:
A dwelling consisting of three(3)or more dwelling units including townhouses and
condominiums with varying arrangements of entrances and party walls.Multi-family housing
may include public housing.
• Eagle City Code Section 8-1-2 defines Dwelling,Two-Family as:
Page 6 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-I3 Arts West Asst.Living and Clubhouse drf.doc
A dwelling, consisting of two(2)dwelling units which may be either attached side by side or
one above the other.
• Eagle City Code Section 8-1-2 defines Nursing/Convalescent Home as:
Establishments providing care on a twenty four (24) hour basis for persons requiring regular
medical attention, but excluding facilities providing surgical or emergency medical services.
This classification also includes senior assisted living facilities with provisions for shared
kitchen facilities and rooms with private bathrooms.
• Eagle City Code Section 8-1-2 defines Setback Line as:
A line established by this title, generally parallel with and measured from the lot line (except
for front setback), defining the limits of a yard in which no building or structure may be
located aboveground except as may be provided herein.
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
Single-family, two-family, multi-family dwelling uses and a nursing/convalescent home use
requires the approval of a conditional use permit within the MU zoning district.
• Eagle City Code Section 8-A2-7(C)(1)
Retention Of Existing Trees:Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way)replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
inches or more lx caliper of tree removed
70, .a AINN, mwstaggegmm
In all cases,planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
• Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
Apartments or multi-family For each unit with 2 or more bedrooms-2 including 1
dwellings covered; for each 1 bedroom or studio unit- 1.5 including 1
covered. 0.25 spaces per unit shall be provided for guest
parking.Adjacent on street parking spaces on a local street
may be credited toward the guest parking requirement
Two-family dwelling For each unit-2 including 1 covered
Nursing/convalescent homes 1 for each 3 beds
D. DISCUSSION:
• The applicant is proposing to construct forty seven(47) independent living cottages and one
Page 7 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drfdoc
community club house. The site is located on the south side of Flint Drive and west and northwest
of Arts West Subdivision. The architectural design of the residential units and the club house are
craftsman style and complement the architecture of the buildings located within Arts West
Subdivision. The units will have an enclosed garage and parking in the driveway for each unit.
There are 32-guest parking spaces proposed within the development which exceeds that which is
permitted for this development. There are an additional 7-parking spaces located in front of the
club house.
• The applicant is proposing a driveway connection from the parking area on this site to connect to
the existing parking area located south of the irrigation canal. This connection shows sidewalk to
be located on the east side of this connection and sidewalk on the west side of the southern portion
of this driveway connection but not on the west side of the northern portion. The applicant should
be required to provide a revised landscape plan showing sidewalk on both the east and west sides
of the driveway connection over the irrigation canal. The revised landscape plan should be
reviewed and approved by staff prior to the issuance of zoning certificate.
• There are numerous trees located adjacent to Flint Drive and southwest of the existing home
located at 3605 Flint Drive. The trees located southwest of the existing home were placed here
several years ago while Arts West Subdivision was being constructed and never utilized in that
project and have since taken root over the years.The applicant is proposing to retain and/or
relocate as many of these trees as possible. Staff defers comment regarding any tree mitigation to
the Design Review Board.
• 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 May 23, 2013, 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.
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 (McCullough,Brasher,Hull absent)to approve DR-07-13 for a design
review application to construct a residential condominiums and club house for Craig Driver,with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of RZ-08-03 MOD3 and RZ-04-12 MOD.
2. Provide a revised landscape plan showing sidewalk on both the east and west sides of the driveway
connection over the irrigation canal.The revised landscape plan shall be reviewed and approved by
staff prior to the issuance of zoning certificate.
3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
Page 8of12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc
4. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
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, at the time of building permit submittal,for the Planning and Zoning plan
review.
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. A separate design review application is required to be
reviewed and approved prior to any signs being constructed on this site.
9. Provide revised elevation plans of the condominiums showing architectural interest in the roofline with
the addition of dormer. The revised elevation plans shall be reviewed and approved by staff and one
member of the Design Review Board prior to the 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 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
Page 9 of 12
K:\Planning Dept\Eagle Applications\Dr\20I3\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc
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. 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 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
Page 10 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf:doc
gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City 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
Page 11 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drfdoc
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 7, 2013.
2. Requests for agencies' reviews were transmitted on March 6, 2013, 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-07-13) 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.
DATED this 13th day of June 2013.
DESIGN REVIEW BOARD
OF THE CITY OF ,AGLE
Ada Count , /al o
ric R. McCulloug , Chairman ""'""°r's.,
C,LE 'f#
.7 • ° ,�1.
ATTEST: ,
® '. , ]a
a �. :4--).-a � a
Sharon . Bergmann, Eagle City ( lerk '
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\2013\DR-07-13 Arts West Asst.Living and Clubhouse drf.doc