Findings - DR - 2013 - DR-57-13 - Construct A Residnetial Apartment W/Garage Parking Below BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A RESIDENTIAL )
APARTMENT WITH GARAGE PARKING BELOW )
FOR EVERMORE INVESTMETNS LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-57-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 24, 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:
Evermore Investments LLC, represented by James Gipson, is requesting design review approval to
construct a residential apartment with garage parking below(1St floor garage and carport— 1,291-
sqaure feet and 2nd floor residential apartment—936-square feet). The existing 965-sqaure foot
residence is to remain. The 0.16-acre site is located on the south side of East Idaho Street
approximately 100-feet east of 1St Street at 147 East Idaho Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 19, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 27, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD (central business district) Single Family Residential
Dwelling
Proposed No Change No Change Retain Residence and
Construct Residential
Apartment above garages
North of site Downtown CBD (central business district) Residential
South of site Downtown CBD(central business district) ABC Seamless Siding
East of site Downtown CBD (central business district) Residential
West of site Downtown CBD (central business district) Residential
G. DESIGN REVIEW OVERLAY DISTRICT: This site is in the DDA(Downtown Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing single family residential dwelling unit
located on the northern portion of the site and a twenty four (24) inch caliper deciduous tree
located in the center of the property.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.16-acre(6,969-square feet) 0.01-acres(500-square
feet)(minimum)
Percentage of Site Devoted to 27% (approximately) 40%(minimum)*
Building Coverage 95%(maximum)*
Percentage of Site Devoted to 67%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 3-enclosed garages 2.25-parking spaces total
1-covered carport 1-covered parking space
1.25-parking spaces
Front Setback 14-feet** 0-feet(minimum)
10-feet(maximum)*
Rear Setback 8-feet** 0-feet
Side Setback 0-feet** 0-feet
Side Setback 0-feet** 0-feet
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*Note: Lot coverage and setback requirements when located within the DDA overlay district.
**Note: Setbacks measured from the property line to closest building(existing or proposed).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Buildings: One existing single family dwelling and one residential apartment.
Height and Number of Stories of Proposed Buildings: 30-feet in height;two stories.
Gross Floor Area of Proposed Buildings:
First floor=936-square foot garage and 355-square foot carport
Second floor=936-square foot residential apartment
On and Off-Site Circulation:
The new residential apartment and garages are accessed from the alley located between I' Street
and 2nd Street. The existing single family dwelling is access from Idaho Street.
K. BUILDING DESIGN FEATURES:
Roof:Architectural fiberglass shingles(Onyx Black)
Walls:Board&Batt siding(Cork Wedge),horizontal siding(Rustic Red)
Windows/Doors:Vinyl windows and metal mandoors
Fascia/Trim:Hardiboard fascia and trim(Smokehouse)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is one 24-inch caliper deciduous tree
located in the middle of the property that is to be retained and protected.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: This phase of the project does not abut Idaho Street,thus no street trees are proposed
with this phase.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:
Individual residential totes are to be used and stored in the individual garages.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical unit. The ground mounted
mechanical unit is proposed to be screened with an existing fence and new landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
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and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
No preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Water Company, or Eagle Sewer District have been received by the City. Approval from
these agencies is 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
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:
No agencies have responded to this application at this time.
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 designates this site as Downtown.
Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business,public,
quasi-public,cultural,residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
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friendly uses and developments are encouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use,Residential,Commercial and Professional Office.
B. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(A)(5)
Utilities:Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground,
• Eagle City Code Section 8-2A-6(C)(2)(b)
Ground Floor Requirements: The ground floor(street level)of new buildings shall
accommodate pedestrian friendly elements.The design should accommodate a variety of
potential uses that may not be contemplated at the time of construction. Examples include:
specialty retail,grocery, drugstore,shoe repair,dry cleaning, florist shop, department store,
hardware store,other personal services,restaurant or theater or financial services or a parking
garage.Any use must meet the requirements set forth in section 8-2-3 of this chapter.
• Eagle City Code Section 8-2A-6(C)(2)(c)
Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection C2b of this section including residential use. Any use must meet the requirements
set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground
floor shall be a permitted use.For the purposes of this section a single apartment unit or
multiple apartment units may be permitted
• Eagle City Code Section 8-2A-6(C)(2)(d)
Orientation: Shall be designed so that at least seventy percent(70%)of the building's ground
level,street facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
• Eagle City Code Section 8-2A-6(C)(2)(f)
Facade: All buildings shall include a"storefront"on the ground floor consisting of a minimum
of fifty percent(50%)glass.Floors above the main floor shall have a minimum of twenty five
percent(25%)glass.The front of any building is the facade that fronts upon any street.
• Eagle City Code Section 8-2A-6(C)(3)(a-d)and(f)
a.Front building setbacks from the property line shall be a minimum of zero feet(0')to a
maximum of ten feet(10').
b. Side building setbacks shall be zero feet(0') so as to tie into adjoining structures.
c. Structures shall not have a continuous face(s)longer than ninety feet(90') inclusive of
adjoining structures.
d. When a building is located at the intersection of two(2) streets,the distance between the
face of the building and the back of curb shall be a minimum of ten feet(10')to preserve
adequate sight visibility.
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent(40%)and
a maximum of ninety five percent(95%) in which case off site parking shall be provided for.
The lot coverage requirement may be waived if development of the lot as a parking lot is
reviewed by the design review board and is approved by the council.Furthermore,the
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minimum lot coverage requirement may be reduced by the council for the purpose of
providing adequate on site parking in accordance with the provisions of this title for structures
that include residential uses on floors other than the ground floor.
• Eagle City Code Section 8-2A-6(G)(12)
Sidewalks within the DDA shall be a minimum of ten feet(10')wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete and textured concrete with a"running bond"brick pattern.
"Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into any
roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having jurisdiction.
A reduced sidewalk section may be permitted if the design review board finds that the
preservation of existing trees warrants a reduction. In no case however shall the sidewalk be
reduced to less than six feet(6') in width.
• Eagle City Code Section 8-2A-7(B)(4)
If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a minimum of
twenty five feet(25') (on site)beyond the proposed development.
• Eagle City Code Section 8-2A-7(C)
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 j 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
iy„ �„9........ :..'. .., +'.,,,,,,, �,✓�in53„, y,3i3 ,m"�:....- #ax:. Ak* ..ati: A
Removal of the following trees shall not require replacement: black locust,poplar,
cottonwood,willow,tree of heaven, elm,and silver maple.Trees which are weak wooded,
weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies
may be exempt from replacement if removal is first approved by the city.
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
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.
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Adjacent on street parking spaces on a local
street may be credited toward the guest parking
requirement
C. DISCUSSION:
• Currently, there is an existing 965-square foot single family dwelling located on the northern
portion of this site. There are no street improvements(i.e.: curb, gutter,sidewalk,street trees,etc.)
along Idaho Street. The applicant indicates that the development of this site will be phased. The
first phase of this development consists of constructing a residential apartment with garage parking
below in the southern portion of the site,adjacent to the alley. The ground floor will consist of
three(3) enclosed garages and one carport,while the second floor will consist of a 936-square foot
residential apartment. The architectural style of the proposed building takes on the characteristics
of the Craftsman Style of architecture with board and batt and horizontal siding,the 5, 4, and 3
over 1 sash windows,and decorative light fixtures. The applicant is limited with the ability to add
character to the east and west building elevations, since those elevations are proposed to have a
zero lot line and will be required to be fire rated. An elevated covered deck is proposed on the
north building elevation for the residential apartment that will over look a large grass area with a
24-inch caliper deciduous tree.
• This site is located within the Downtown Development Area(DDA)overlay district where there
are specific setbacks,lot coverage,streetscape, glazing, and plaza area requirements. This site
does not comply with the required lot coverage,setbacks,streetscape, glazing, and plaza area
requirements. It is staff's opinion, since this is only the first phase of this development, any future
development of this site would be required to come into full compliance with the code at that time.
Staff defers comment to the Board regarding the setbacks,lot coverage,streetscape, glazing, and
plaza area that
• 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 October 24, 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 4 to 0 (McCullough, Grubb, and Hash absent)to approve DR-57-13 for a design
review application to construct a residential apartment with garage parking below for Evermore
Investments LLC, 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. All overhead utilities servicing this site shall be required to be located underground prior to the
issuance of a certificate of occupancy for this site.
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2. Retain and protect the existing 24-inch caliper deciduous tree during construction of the new building.
3. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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.
9. The required lot coverage and setbacks shall not be required of Phase 1 of this development. A design
review application shall be submitted to the City for any future development of this site and shall show
the site complying with the lot coverage and setbacks as required within Eagle City Code.
10. The required streetscape improvements(i.e.: 10' wide sidewalk,street trees,tree grates,historic lights,
etc.)adjacent to Idaho Street shall not be required of Phase 1 of the development. A design review
application shall be submitted to the City for any future development of this site and shall show the site
complying with the streetscape improvements as required within Eagle City Code.
11. Provide revised plans showing architectural relief(i.e.: wall pop outs, false gables or dormers)on the
south building elevation. The revised plans shall show built out columns,corbels,and/or knee braces
on the columns of the elevated deck on the north building elevation, as well as a decorative door for
the residential apartment. The revised elevations plans shall be reviewed and approved by staff and
two members 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
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and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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.
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12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500
gallons per minute for non-residential uses(i.e.; Commercial,Industrial, Schools,etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City 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.
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23. Any modification of the approved design review plans,including,but not limited to building design,
location and details,landscaping,parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules,regulations, ordinances,plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 19, 2013.
2. Requests for agencies' reviews were transmitted on September 27, 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-57-13) 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 as described herein.
The Board recognizes that the site does not comply with several areas of the code regarding setbacks,
lot coverage, glazing, and streetscape as proposed within this phase of the development. However, in
accordance with and as allowed for in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect
of Other Provisions, the Board determined that the code sections regarding these items be suspended
or relaxed to foster the redevelopment of this site. While phase 1 of this development includes a
residential apartment with associated parking below in the southern portion of the site, the site is
expected to be further developed to include commercial uses adjacent to Idaho Street. When
redevelopment of the northern portion of the site is proposed, the required streetscape, setbacks, lot
coverage,and glazing shall be required of the building and site at that time.
4. Will,in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (central business district)zoning district.
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DATED this 14th day of November 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Eric R. Mq llough, Chairman
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cd\ATTEST: 0 PORq�,F'
(_ • SEAL t *I
Sharon K. Bergmann, Eagle City I Jerk �1p •
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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