Findings - DR - 2015 - DR-67-13 MOD - Modify The Eagle River Apartments To Include/Clubhouse/Storage BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY THE )
EAGLE RIVER APARTMENTS TO INCLUDE A )
NEW CLUBHOUSE FACILITY AND STORAGE )
FACILITY FOR N & T HOLDINGS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-67-13 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 23, 2015. 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:
N &T Holdings, represented by Penny Dennis with ESI Construction, is requesting design review
approval to modify the Eagle River Apartment complex by removing the residential dwelling that
was approved to be a clubhouse and constructing a new 2,526-square foot clubhouse facility and a
2,800-square foot storage facility. The 5.38-acre site is located on the south side of East Riverside
Drive approximately 300-feet east of East Shore Drive at 827 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 20, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 26, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the Eagle City Council approved a design review application for the
common area landscaping and residential townhouse and condominiums within The Lofts at Eagle
River(DR-57-06).
On January 16, 2007, the Eagle City Council approved a design review sign application for three
monument signs for The Lofts at Eagle River(DR-58-06).
On February 7, 2007, the Eagle City Council approved a conditional use permit for a building
height exception for townhouses/condominiums within The Lofts at Eagle River(CU-05-06).
On February 27, 2007, the Eagle City Council approved an annexation, rezone, and preliminary
plat application for The Lofts at Eagle River(A-12-06/RZ-14-06/PP-15-06).
On April 8, 2008, the Eagle City Council approved a modification to the conditional use permit for
a building height exception for townhouses/condominiums within The Lofts Eagle River(CU-05-
06 MOD).
On April 14, 2009, the Eagle City Council approved an extension of time application for the
preliminary plat for The Lofts at Eagle River(EXT-01-09).
On June 16, 2010, the Ada County Board of County Commissioners approved a temporary permit
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for a summer concert series (eleven (11) concerts) to occur on the property for Shannon Cook to
be valid until October 31, 2010 (201000242-TP-A).
On September 14, 2010, the Eagle City Council approved an extension of time application for the
preliminary plat for The Lofts at Eagle River(EXT-03-10).
On June 28, 2011, the Eagle City Council approved a conditional use permit for a commercial
entertainment facility(outdoor) and live entertainment event(CU-02-11).
On June 21, 2011, the Eagle City Council approved a design review application for a temporary
commercial entertainment facility(outdoor) (DR-12-11).
On October 25, 2011, the Eagle City Council approved an extension of time application for the
preliminary plat for The Lofts at Eagle River(EXT-05-11).
On November 5, 2012,Eagle City Staff approved a lot line adjustment for this site(LLA-04-12).
On March 13, 2014, the Eagle Design Review Board approve a design review application for six
apartment building and clubhouse for Eagle River Apartments (DR-67-13).
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 a Proposed Six Apartment
development agreement) Buildings and Clubhouse
Proposed No change No change No Change
North of site Mixed Use MU-DA (Mixed Use with a Office buildings
development agreement)
South of site Residential Two R-2(Residential up to two(2) Residential subdivision
units per acre) (Nestled Island
Subdivision)
East of site Mixed Use MU-DA(Mixed Use with a Residential subdivision
development agreement) (Lonesome Dove
Subdivision)
West of site Mixed Use MU-DA(Mixed Use with a Merrill Park and a vacant
development agreement) lot
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently under construction to construct six (6) apartment buildings. There is an
existing residential dwelling that was previously approved to be retained and converted into a
clubhouse to be utilized with this complex.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 5.38-acres (234,353-square feet) 0.11-acres (5,000-square feet)
(minimum)
Percentage of Site Devoted to 18% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 58% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 170-parking spaces 170-parking spaces total
93-covered parking spaces (minimum)
80-covered parking spaces
20-guest parking spaces
Front Setback 20-feet(north)* 15-feet(minimum)**
Rear Setback 52-feet(south)* 20-feet(minimum)
Side Setback 24-feet(west)* 20-feet(minimum)**
Side Setback 20-feet(east)* 20-feet(minimum)**
*Note: Setbacks measured from the property line to the closest building.
**Note: Setbacks required pursuant to the Development Agreement.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two buildings; one clubhouse and one storage building.
Height and Number of Stories of Proposed Buildings: Clubhouse=23' 6"; Storage building=20' 6"
Gross Floor Area of Proposed Buildings: Clubhouse = 2,526-square feet; Storage building = 2,800-
square feet.
On and Off-Site Circulation:
A 53,671-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 25-foot wide driveway is proposed to be located on the north side of this site
approximately 85-feet west of the east property line providing access to east Riverside Drive.
K. BUILDING DESIGN FEATURES:
Roof: Fiberglass Shingle(Black Walnut)
Walls: Horizontal and Vertical hardboard (Dovetail and Mindful Gray), Stucco (Dorvan Gray),
Stone Veneer(Chardonnay)
Windows/Doors: Vinyl windows (almond);Hollow metal doors
Fascia/Trim: Hardboard(Black Fox)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located around the
existing house that was previously being converted to a clubhouse. It would appear that the new
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plan to construct a new clubhouse and storage building would require these trees to be removed.
Tree Replacement Calculations: The applicant has not proposed any replacement calculations.
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: The street trees along East Riverside Drive were installed by the developer of Eagle
River.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: No change from original approval of DR-67-13.
M. TRASH ENCLOSURES: No change from original approval of DR-67-13.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The site plan does not
indicate the location of the ground mounted mechanical units. The application indicates the
ground mounted mechanical units are to be screened by a 6-foot high fence.
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:
A preliminary approval letter from the Eagle Fire Department has been received by the City. A
water service approval has not been received to date. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit.
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
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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:
Eagle Fire Department
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 (Western Area Plan adopted 09-14-04) designates this
site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within the Central Business District(CBD).
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.
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, and the design review board
shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
b. The location and design of transformers,pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when
utilizing a roof design other than a flat roof. "Screened from view" shall mean "not
visible" at the same level or elevation of the parapet wall(e.g., the perspective generally as
shown on an elevation plan);
c. The location and sizes of all utility lines, manholes, poles, underground cables, gas
lines, wells, and similar installations; and
d. The continued maintenance of these service systems.
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• Eagle City Code Section 8-2A-5(B)(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.
• Eagle City Code Section 8-2A-7(A)Landscape Plan Required:
A landscape plan is required for all developments requiring a design review, including,but not
limited to, all subdivisions. The landscape plan shall be drawn to scale (no smaller than 1 inch
equals 30 feet) and shall indicate the following:
1. Boundaries, property lines, and dimensions.
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity, and spacing and
size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth berms, walls,
fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas.
7. Planting and installation details as necessary to ensure conformance with all required
standards.
• Eagle City Code Section 8-2A-7(C)Existing Vegetation:
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 12x caliper of tree removed
61/4 inches to 12 inches 11.5x caliper of tree removed
121/4 inches or more I l x caliper of tree removed
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.
Example: An eight inch(8")caliper tree is removed, an acceptable replacement would be three
(3)4-inch caliper trees or four(4)3-inch caliper trees.
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• Eagle City Code Section 8-2A-7(P)
Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves
more than a simple arrangement of plants with irrigation;plants are not haphazardly placed in
a way that fills up leftover space. Landscape plans should reflect a theme so that site elements
are artfully and technically organized in a way that conveys meaning,coherence, and spatial
organization. Landscaping should enhance the physical environment as well as the project's
aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared
by or under the responsible control of a licensed landscape architect with said plans to be duly
stamped to clearly identify the preparer.
C. DISCUSSION:
• On March 13, 2015,the Eagle Design Review Board approved a design review application for the
construction of six (6) apartment buildings (consisting of 80-total units) and the conversion of an
existing residential dwelling unit into a clubhouse. The applicant is requesting design review
approval to modify their previous approval by removing the existing residential dwelling/proposed
clubhouse and building a new clubhouse and a storage building in the same location. The new
clubhouse is proposed to be 2,526-square feet and the new storage building is proposed to be
2,800-square feet. The architectural style of these two buildings follow the Craftsman style of
architecture outlined within the EASD book and the materials and colors complement the six (6)
apartment buildings previously approved on this site(DR-67-13).
• The application indicates that ground mounted mechanical units are proposed to be installed for
the clubhouse and that they are to be screened by a six (6)foot high fence. The site plan does not
indicated the location of these ground mounted mechanical units, nor is there a detail of the six (6)
foot high fence indicating the material and color to be used in the construction of the fence. The
applicant should be required to provide a revised site and landscape plan showing the location of
the ground mounted mechanical units associated with the clubhouse. Detailed cut sheets showing
the material, color, and height of the fence used to screen the ground mounted mechanical units
should be submitted. The site and landscape plans and the detailed cut sheets of the fencing
should be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
• The applicant submitted a concept landscape plan showing the landscaping proposed around the
clubhouse and storage building; however,existing trees and vegetation has not been specified nor
has specific plant material to be planted been called out on the plan. The applicant should be
required to provide a site and landscape plan showing the existing trees indicating the size and
species located in this area of the development. A landscape plan showing the specific trees and
shrubs to be planted around the clubhouse and storage building should be submitted to be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance
of a zoning certificate.
There is an approximately five(5) foot area between the base of the storage facility and the
surrounding sidewalk. The concept landscape plan does not show anything to be planted in this
area. Sheet A1.0,date stamped by the City on March 20, 2015, does not show sidewalks leading
from the surrounding sidewalk to the storage building. The applicant should be required to
provide a revised site plan showing sidewalk connections from the surrounding sidewalk to the
storage building. A revised landscape plan showing landscaping at the base of the storage facility
should be submitted. The revised site and landscape plans should be reviewed and approved by
staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
• Staff defers comment regarding building design and colors to the Design Review Board.
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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 April 23, 2015, 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 6 to 0 (Brasher absent)to approve DR-67-13 MOD for a design review
application to modify the Eagle River Apartments to include a new clubhouse facility and storage
facility for N&T Holdings, 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. Provide a revised site and landscape plan showing the location of the ground mounted mechanical
units associated with the clubhouse. Detailed cut sheets showing the material, color, and height of the
fence used to screen the ground mounted mechanical units shall be submitted. The site and landscape
plans and the detailed cut sheets of the fencing shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
2. Provide a site and landscape plan showing the existing trees indicating the size and species located in
this area of the development. A landscape plan showing the specific trees and shrubs to be planted
around the clubhouse and storage building shall be submitted to be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning certificate.
3. Provide a revised site plan showing sidewalk connections from the surrounding sidewalk to the storage
building. A revised landscape plan showing landscaping at the base of the storage facility shall be
submitted. The revised site and landscape plans shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
4. Provide detailed cut sheets showing the material, style,color,height, etc. of the fence to be used
around the dog run area proposed at the southwest corner of the storage building. The fence details
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
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 for the Planning and Zoning plan review at the time of building permit
submittal.
9. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building.
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10. Provide revised elevations of the storage facility showing greater architectural detail(i.e.: larger
dormers, additional architectural features on the north and south gable elevations). The revised
elevations shall be reviewed and approved by staff and one member of the Design Review Board prior
to the issuance of a zoning certificate.
11. Provide revised elevations of the clubhouse facility showing an arch on the covered entry located on
the west building elevation. The addition of the arch is to match the arch used on the apartment
buildings. The revised elevations shall be reviewed and approved by staff 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.
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
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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
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.
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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).
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.
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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 March 20, 2015.
2. Requests for agencies' reviews were transmitted on March 26, 2015, 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-67-13 MOD) 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 14th day of May 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho 7
OF E,4
Robert Grub hairma�� 4d�,t`l•N,,,,,,C,�.••
G •. ORq
•Cpl ��;
ATTEST: : * : : * c
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SEAL,;
11 J):rrR .l •P4:31
Sharon K. Bergmann, Eagle City C -rk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
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