Findings - DR - 2014 - DR-19-13 MOD2 - Modify A Commercial Entertainment Facility Fo The Eagle Tennis Facility BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO MODIFY A COMMERCIAL )
ENTERTIANMENT FACILITY FOR THE EAGLE )
TENNIS FACILITY FOR PACIFIC WEST )
COMMUNITIES INC. AND KH ENTERPRISES LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-13 MOD2
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 13, 2014. 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:
Pacific West Communities Inc. and KH Enterprises, LLC, represented by Eric Anderson with
ALC Architecture, is requesting design review approval to modify the Eagle Tennis Facility. The
modification is specifically to add an additional 51,652-square feet of indoor area to the tennis
facility and new building elevations showing the buildings overall building addition for a total of
160,000-sqaure feet. The 9.5-acre site is located near the southeast corner of State Highway 44
and South Edgewood Lane at 1650 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 12, 2014.
C. NOTICE OF AGENCIES' REVIEW:N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2007, the City Council approved an annexation and rezone from RUT(Rural Urban
Transition—Ada County designation) and MU(Mixed Use)to MU-DA (Mixed Use with
Development Agreement)for Cornerstone Group, LLC. (A-18-06/RZ-24-06)
On July 24, 2007,the City Council approved a preliminary plat for Eagle Gateway South
Subdivision for Cornerstone Group, LLC. (PP-21-06)
On October 16, 2007,the City Council approved a design review for the common area landscaping
for Eagle Gateway South Subdivision for Cornerstone Group, LLC. (DR-33-07)
On June 10, 2008,the City Council approved RZ-24-06 MOD for a modification to the
development agreement to change a"Hotel"use (shown as"C"conditional use under the MU
zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations")to a permitted use on the property associated with Eagle Gateway Subdivision for
Eagle Gateway South, LLC.
On June 27, 2013, the Eagle Design Review Board approved a design review application for a
commercial entertainment facility for the Eagle Tennis Facility(DR-19-13).
On January 9, 2014, the Eagle Design Review Board remanded the design review application to
modify a commercial entertainment facility for the Eagle Tennis Facility to staff (DR-19-13
Page 1 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf doc
MOD).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with Mixed use development
Development Agreement) including commercial,
retail.
Proposed No Change No Change Commercial Entertainment
Facility for a tennis club
North of site Business Park BP(Business Park) State Highway 44
South of site Floodway MU-DA(Mixed Use with Single-family residential
Development Agreement) and a public park.
East of site Mixed Use MU(Mixed Use) Ancona Business Park
West of site Mixed Use MU-DA (Mixed Use with Lonesome Dove
development agreement) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
Page 2 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-l9-13 MOD2 Eagle Tennis Facility bldg drf doc
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 9.5-acres (413,820-square feet) 0.11-acres(5,000-square feet)
(minimum)
Percentage of Site Devoted to 30%(approximately) 60% (maximum)*
Building Coverage
Percentage of Site Devoted to 24% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 272-parking spaces 360-parking spaces (minimum)
at full build-out of facility
Front Setback 103-feet(west) 20-feet(minimum)*
Rear Setback 30-feet(east) 10-feet(minimum)*
Side Setback 185-feet(south) 7.5-feet(minimum)*
Side Setback 57-feet(north) 7.5-feet(minimum)
*Note: Setbacks and lot coverage pursuant to the development agreement executed February 22,2008.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be utilized for a tennis facility with
associated uses(i.e.: daycare, health club, office, retail, restaurant).
Height and Number of Stories of Proposed Buildings: 44-feet high; two stories.
Gross Floor Area of Proposed Buildings:
First Floor 122,000-square feet
Second Floor 38,000-square feet
Total 160,000-square feet
On and Off-Site Circulation:
An 88-034-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 35-foot wide driveway is proposed to be located on the south side of this site
approximately 200-feet east of Edgewood Lane. On 30-foot wide driveway is proposed to be
located on the south side of the site approximately 460-feet east of Edgewood Lane. One 30-foot
wide driveway is proposed on the south side of this site approximately 230-feet west of the east
property line. All three driveways provide access to East Riverside Drive.
K. BUILDING DESIGN FEATURES:
Roof: Metal(rustic red and gray), Membrane(white)
Walls: Smooth and ground CMU, Stone, Stucco,Fluffed metal, Translucent panels
Windows/Doors: Aluminum storefront and curtain wall systems
Fascia/Trim: Metal fascia, wood beams
Page 3 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drfdoc
L. 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: The applicant is proposing to install street trees along East Riverside Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the site.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 180-square foot trash enclosure is proposed to be located at the eastern end of the building
approximately 380-feet north of East Riverside Drive. The enclosure is proposed to be constructed
of CMU walls with metal gates, all of which will match the materials and colors used in the
construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be screened by parapet walls and other elements of the building. No ground mounted
mechanical units are proposed with this project and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been
received by the City with the previous applications for this site. 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:
Page 4 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf doe
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
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
Comments from agencies were received with the previous applications. The applicant should be
required to comply with any comments or concerns from these agencies.
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 Mixed
Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development within this land use designation should be required to proceed through the
PUD and/or Development Agreement process, see specific planning area text for a
complete description. An allowable density of up to 10 units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 3.4 The Setbacks shall be as follows:
Mixed Use/Office/Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc. to
encroach)(typ. at west end of Riverside Drive
near Edgewood and along Edgewood)
20 feet(typical unless noted otherwise)
Rear 10 feet
Interior Side 7.5 feet(2-story)/ 12.5 feet(3-story)
Page 5 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf doe
Street Side 7.5 feet (allows canopies, awnings, etc. to
encroach)
Maximum Coverage: 60%
• 3.14 The single-family dwellings shall be constructed utilizing"Craftsman/Americana"style
architecture. Commercial/retail buildings, multi-family residential condominiums, single-family
dwellings, and pool house shall be required to meet the design review requirements as set forth in
Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board
and Eagle City Council approval of the detailed architectural plans for the development is required
prior to the issuance of building permits for commercial/retail buildings, multi-family residential
condominiums, pool house, pumphouse for irrigation, and gazebos.
• 3.16 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and
all common areas throughout the development, 3) landscape screening details and buffering for the
residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation
pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in
reference to mosquito abatement. The design review application shall be reviewed and approved
by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final
plat.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-3 (C)
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
(P -Permitted Use/C -Conditional Use/No P Or C -Prohibited Use)
Land Use MU
Commercial entertainment facilities(indoor) C
Commercial entertainment facilities(outdoor) C
• Eagle City Code Section 8-2A-1(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
• Eagle City Code Section 8-2A-6(A)(6)Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies,bays, porches, covered entries, overhead
Page 6 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf..doc
structures, awnings, changes in building facade and roofline alignment,to provide shadow
relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
• Eagle City Code Section 8-2A-6(B)
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not listed
in this section it shall be upon the discretion of the zoning administrator,the design review
board, and the city council, whichever the case may be,to determine the appropriateness of
such material.
1. Exterior walls and soffits:
k. Metal: metal siding shall be anodized, shall have a concealed fastener system, shall
have a silicon polyester finish or equivalent, and shall include special design
treatments to enhance its appearance. These treatments may include brick or masonry
wainscot treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the
face of the building oriented towards the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant
shows that the metal is architecturally compatible with surrounding buildings; is
architecturally compatible with other nonmetal buildings in the city; and is attractively
landscaped, designed, and situated,to eliminate the stark utilitarian look intended to
be prevented by this subsection.
2. Roofs:
e. Metal; standing seam, batten seam(concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a
road.
3. Fences:
a. Vinyl: integral color required;
b. Block(with columns);
c. Brick(with columns);
d. Wrought iron;
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be
permitted.
5. Colors:
Page 7 of 15
K.\Planning Dept\Eagle Applications\Dr\2013\DR-l9-13 MOD2 Eagle Tennis Facility bldg drf.doc
a. Earthen tones are encouraged.
b. Flat or low gloss finishes are encouraged.
c. Roof mounted mechanicals, all vents protruding through the roof, and similar
features shall be painted so as to match the color of the roof.
d. Exposed metal flashing or trim will be anodized or painted to blend with the
exterior colors of the building.
• Eagle City Code Section 8-4-4-3(A)
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use
is located, but shall be located no further than that permitted by subsection 8-4-4-1 A
of this chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces
are in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder
and copies thereof filed with the zoning administrator prior to issuance of a
building/zoning permit, or prior to issuance of a certificate of occupancy, whichever
occurs first. The agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
Page 8 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf doc
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council,may for due cause and upon notice and
hearing,unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent(20%) of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The
maximum allowable reduction in the number of spaces to be provided shall not exceed
twenty percent(20%) of the sum of the number required for each use served unless a
conditional use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
• Eagle City Code Section 8-4-4-6
One bicycle parking space within an approved rack shall be required for each thirty(30)
required automobile parking spaces or fraction thereof for office and commercial
developments. Multi-family residential developments shall provide one bicycle rack space per
each ten(10)units. Bicycle parking racks shall be in a well lit area, and shall be designed in
accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual For
Ada County" as prepared for the Ada County highway district with the exception that bicycle
racks do not have to be covered unless required by the design review board, or planning and
zoning commission or city council.
• Eagle City Code Section 8-4-5
COMMERCIAL
Commercial entertainment facilities:
Outdoor swimming 1 for each 4 persons'capacity, plus 1 for each 4 seats or 1 for each 30 {'
pools, public or square feet floor area used for seating purposes, whichever is greater
community or club
Tennis and racquetball 3 per court
clubs
Health clubs, spas, and 1 per 250 square feet of gross floor area
weight reduction salons
Restaurants, dining rooms, 1 per 150 square feet of gross floor area;plus 1 per 35 square feet
taverns, nightclubs, etc. dance floor
Page 9 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf doc
Retail sales not listed under 1 per 250 square feet of gross floor area; in the DDA and TDA 1 per
another use classification 500 square feet of gross floor area shall be required for any such use
and on street parking shall be included in the minimum requirement
C. DISCUSSION:
• On June 27, 2013,the Eagle Design Review Board approved a design review application for a
commercial entertainment facility for the Eagle Tennis Facility(DR-19-13). On November 7,
2013,the applicant submitted a design review application requesting a modification to add an
additional 71,652-square feet of indoor area to the facility(DR-19-13 MOD). On January 9, 2014,
the Board voted to remand DR-19-13 MOD to staff, thus the additional building square footage
was never approved.
The applicant is requesting design review approval to modify the original 108,348-square foot
tennis facility by adding an additional 51,652-square feet of building for a total of 160,000-square
feet. The applicant is proposing to construct the facility in phases. The first phase will consist of
the indoor tennis courts, followed by the construction of the club area. The second phase will be
the construction of the outdoor facilities.
While the form of the building has significantly changed from the original approval,the materials
to be used in the construction of the building remain the same. Through the use of the materials
and the angles of the building it complements the residential neighborhood to the southwest of this
site and yet transitions to the commercial uses to the east of this site. While the portion of the
building that houses the indoor tennis courts is tall and massive,the applicant has done a good job
of breaking up the elevations of the building through the use of the materials and the green screen
systems to be utilized on the north building elevation.
Pursuant to Eagle City Code, metal roofing and siding is prohibited on any portion of the building
facing a road. While the large expanse of metal roofing has been eliminated from the project,
there are still numerous areas of the building with metal siding and some areas of metal roofing.
The metal siding and roofing has been configured differently from that previously approved by the
Board but the architectural style is relatively the same as previously approved. The Board made
the finding that metal roof and siding in the previously approved building design was
complimentary to the existing and proposed building architecture in the surrounding area. Staff
defers comment regarding the design and colors of the proposed facility to the Design Review
Board.
• Sheet SP-1.0, date stamped by the City on February 12, 2014, show the parking and drive aisles
that the applicant is proposing to construct with this facility. The uses within this facility require
360-parking spaces. There are a total of 272-parking spaces shown to be constructed on this site.
There are at least three (3)other pad sites within this development(Tennis Club Plaza
Subdivision). With the construction of those pad sites an additional 144-parking spaces will be
constructed of which the proposed uses on those pad sites will require approximately 82-parking
spaces. A total of 442-parking spaces are required with the proposed tennis facility and the future
pad sites. At full build out, a total of 416-parking spaces will be constructed. This is an
approximate 6%reduction in the total required parking required for this site. Staff defers
comment to the Design Review Board regarding the required parking associated with the uses
within the tennis facility and the future pad sites.
• The applicant indicates within the application that vinyl coated chain link fencing is to be utilized
around the outdoor tennis courts. Pursuant to Eagle City Code, chain link fencing is not permitted;
Page 10 of 15
K:\Planning Dept'Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf.doc
however, pursuant to past action by the Board and Council, powder coated chain link fencing has
been permitted around tennis courts and other sports facilities. On June 27, 2013,the Board
recommended approval of the use of vinyl coated chain link fencing around the outdoor tennis
courts.
• 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 13, 2014, 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 2 to 0(McCullough, Hull, Martin, and Hash absent; Grubb abstained)to approve
DR-19-13 MOD2 for a design review application to modify the commercial entertainment facility
for the Eagle Tennis Facility for Pacific West Communities Inc. and KH Enterprises, 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. Comply with any applicable conditions of Tennis Club Plaza Subdivision(PP-13-13).
2. Provide a cross-parking agreement allowing the uses associated within the Tennis Club Plaza
Subdivision to have cross-parking throughout the development. The cross-parking agreement shall be
reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County
Recorder's office prior to the City issuing a zoning certificate for this site.
3. Provide detailed cut sheets showing the style, size, color, etc. of bike rack to be used on this site.
Provide a revised site plan showing the location of the bike racks. The detailed cut sheets and revised
site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
4. Powder coated chain link fencing is permitted to be used around the outdoor tennis courts.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
Page 11 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf doc
parapet walls or mansard roofs.
11. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
12. No signs are proposed with this application. A separate design review application is required for any
signage on this site or building.
13. The metal roof and siding as shown on the elevation plans, date stamped by the City on February 12,
2014, is approved.
14. The parking analysis, dated February 11, 2014, showing the multiple uses proposed within this facility
and the differing peak use times is approved. The 272-parking spaces provided on this site is adequate
and are approved.
15. A color/material board 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
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.
Page 12 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf doc
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
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
Page 13 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf.doc
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 the City Council approval date).
Page 14 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf.doc
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 12, 2014.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-19-13 MOD2) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
The Board recognizes that the materials proposed to be used in the construction of the building do not
comply with Eagle City Code. However, it is the Boards opinion that the architectural style and the
use of metal on the walls and roof, in combination with the stone and brick with the use of the
translucent panel systems and green screens on the facades of the building, will compliment that which
has already been constructed and proposed in the surrounding area.
3. 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 27t''day of March 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho ?/
Robert Get . . an ••`,,11 MOp�' ,,,,,
. ,90 .
GORPORq;,��{�
ATTEST: _ * 01
SEAL
Sharon K. Bergmann,Eagle City Clerk '•,,,,,,,,,sessOt•'
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 15 of 15
K:\Planning Dept\Eagle Applications\Dr\2013\DR-19-13 MOD2 Eagle Tennis Facility bldg drf.doc