Findings - DR - 2015 - DR-03-15 - Construct A 53,510 Sq' Assisted Living Facility BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR AN ASSISTED LIVING )
FACILITY(NURSING/CONVALESCENT )
HOME FOR WILLIAM HINES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-03-15
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 26,2015. 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:
William Hines, represented by Joel Howes with Design Resources Architects PLLC, is requesting
design review approval to construct a 53,510-square foot (86-unit) assisted living facility. The
5.25-acre site is located on the north side of West Chinden Boulevard approximately '/4-mile west
of Meridian Road at 430 and 450 West Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 22,2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 26, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 13, 2014,the Eagle City Council approved an annexation and rezone for this property(A-
01-14&RZ-01-14).
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 Transitional Residential MU-DA(Mixed Use with a Vacant Land
Development Agreement)
Proposed No Change No Change Assisted Living Facility
North of site Transitional Residential RI (Estate Residential—Ada Foxtail Subdivision
County Designation)
South of site Mixed Use Community RUT(Rural-Urban Transition Vacant Land
(City of Meridian Area —Ada County Designation)
Impact)
East of site Transitional Residential/ MU-DA(Mixed Use with a Ashbury Subdivision
Professional Office development agreement
West of site Transitional Residential/ RI (Estate Residential—Ada Foxtail Subdivision
Mixed Use County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 5.25-acres(228,720-square feet) 0.11-acres(5,000-square feet)
(minimum)
Percentage of Site Devoted to 23%(approximately) 50%(maximum)
Building Coverage
Percentage of Site Devoted to 57%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 35-parking spaces 29-parking spaces(minimum)
Front Setback 50-feet(south) 20-feet(minimum)
Rear Setback 184-feet(north) 20-feet(minimum)
Side Setback 95-feet(east) 7.5-feet(minimum)
ISide Setback 15-feet(west) 7.5-feet(minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building for a nursing/convalescent home.
Height and Number of Stories of Proposed Buildings: 29-feet;one story.
Gross Floor Area of Proposed Buildings: 53,510-square feet.
On and Off-Site Circulation:
A 34,800-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 33-foot wide driveway is proposed to be located near the north east corner of the site that
will connect and provide access to west Bavaria Street. A 30-foot wide temporary driveway is
proposed to be located on the south property approximately 100-feet west of the east property line
providing access to Chinden Boulevard. A 20-foot wide emergency access driveway is proposed
22-feet east of the west property line providing emergency access to Chinden Boulevard.
K. BUILDING DESIGN FEATURES:
Roof: Fiberglass Asphalt Shingles(Weathered Wood Brown)
Walls: Hardi Shake and Cedarmill Lap siding (Country Lane Red), Stucco (Crescent Beige),
Country Ledgestone(Bucks Country)
Windows/Doors: Vinyl(Dark Brown)
Fascia/Trim: Cement Board(Black Bean)
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: Pursuant to the development agreement for this site, the landscaping along Chinden
Boulevard is required to comply with Eagle City Code Section 8-2A-7(J)(4)(a).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 8% is proposed.
M. TRASH ENCLOSURES:
One 208-square foot trash enclosure is proposed to be located near the southeast corner of the
building approximately 120-feet north of the temporary driveway on Chinden Boulevard. The
enclosure is proposed to be constructed of CMU with stucco finish and wood gates, all painted and
stained to match the colors of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use wall mounted mechanical units for each of the units. The wall
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units are to be painted a color to blend with the adjacent material.
A roof mounted exhaust fan is proposed to be located within the southeastern portion of the
building. The applicant is proposing to construct a shroud to conceal the exhaust fan.
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 letters from Meridian Rural Fire Protection District 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-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:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Ada County Highway District
Meridian Rural Fire Protection District
Republic Services
Tesoro Logistics NW Pipeline
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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 February 3, 2011) designates this site as
Transitional Residential.
Transitional Residential
Residential development that provides for a transition of density within the planning area while
keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly
requires changes in lot dimensions and scaling, see specific planning area text for a complete
description.
• 6.8.7 Rim View Planning Area
The Rim View Planning Area contains a large amount of existing residential uses that have been
developed as one-acre and five-acre lots through the Ada County development process. The future
land uses in the area are predicated on Linder Road being the only Eagle City river crossing
between Eagle Road and Star Road, the need to buffer and preserve the existing residential
developments, and the need to provide commercial opportunities along the regional transportation
corridors south of the Boise River. Because of the alignment of the State Highway 16 crossing
moving further to the west (to McDermott), no clear funding option or timeline for the SH 16
crossing, and recent changes in nearby city limit boundaries (Meridian), the previously planned
regional commercial area at Black Cat no longer is a viable location for the City of Eagle.
A. Uses: The land use and development policies specific to the Rim View Planning Area include
the following:
1. A forty acre commercial area located at the northeast corner of the intersection of Chinden
Boulevard and Linder Road is to be designed and developed as a unit. This commercial
area is intended to serve the Eagle community as a gateway into town before crossing the
river.
2. Areas designated as Transitional Residential should have an average residential density of
up to 2 units per acre. Units should be clustered to provide for transitional lot sizes to
ensure compatibility of new residential uses to existing residential uses and the
commercial and office uses located at Linder Road and Chinden.
3. Patio home styles and alternative lot sizes may be allowed in conjunction with exiting
open space and recreation areas located in the Rim View Area. The patio homes and
townhouses maybe located near the commercial area.
B. Access
1. Access to the area should focus on new internal linkages that allow adjacent parcels to
provide pedestrian and vehicle connectivity into the Rim View Planning Area.
2. Primary access should be on Linder Road with limited access onto Chinden Boulevard
only in accordance with ITD's access management policies. All accesses should be
designed to allow traffic to flow through the area connecting Meridian Road to Linder
Road may provide the opportunity of future east/west residential collector linkage within
the planning area. Cross access and local stub streets should be used to allow the planning
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area to be interconnected without the need to access the arterial and state highway
network.
3. Internal and interconnected circulation should be used to move traffic within the
nonresidential area, helping to mitigate the number of local vehicle trips entering State
Highway 20/26 and Linder Road to access commercial and mixed use services and create
cross access into adjoining properties.
4. Chinden Boulevard should be recognized as a gateway corridor to the City of Eagle and
development should adhere to proper berming, landscaping, and appropriate setbacks to
prevent the encroachment of abutting uses into future corridor improvements. This would
protect the viability of the regional transportation corridor as well as buffer the abutting
uses from the impacts of the corridor.
C. Design
1. This area is recognized as a gateway to the City of Eagle,to be integrated with appropriate
landscaping,entry features, and place-making features in the design of the area.
2. Design of this area should be compatible to the existing residential uses currently present
in the area and future mixed uses.
3. Design of commercial and office uses should be compatible with the existing residential
uses and contain significant landscaped buffers to reduce impacts and appealing building
design elements to promote a cohesive character. Commercial development should
provide for indirect vehicle connections and for safe and efficient pedestrian linkages to
the mixed use and residential areas adjacent to the site.
4. Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk
and planting strip adjacent to the back of curb, further solidifying the purpose and
character of the gateway corridor of Chinden Boulevard.
5. Signage for all non-residential uses should be designed to be consistent and
complimentary, with place-making being the primary objective and identification of uses
being secondary.
6. Non-residential areas should be designed with features and materials intended to
compliment and buffer residential uses and to avoid creating a tunnel or wall effect along
the backside of the large buildings.
D. Issues
1. One of the main concerns in the development of this area is the ability to properly balance
and buffer the commercial uses with existing residential uses.New mixed use areas should
be designed in a manner that provides a cohesive transition and connectivity between the
commercial and residential uses, incorporating elements that will provide a common and
complimentary identity between such uses.
2. Considering the large amount of undeveloped or underdeveloped land within the planning
area, each proposed project should be evaluated for the potential to provide linkages and
connectivity to adjacent parcels. This is necessary to establish a functioning local and
collector roadway system to support the regionally significant roadways at the south and
west of this area.
3. As this area develops, consideration should be made of the transitory uses that have been
approved by Ada County which may be nearing their end.
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B. DEVELOPMENT AGREEMENT PROVISIONS,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 Access onto West Chinden Boulevard shall be designated as a temporary access until such time
that Bavaria Street is constructed as part of Ashbury Subdivision, stubbed to the site, and the
owner constructs a cul-de-sac at the terminus of Bavaria Street pursuant to the Ada County
Highway District requirements, at which time the access onto West Chinden Boulevard shall be
closed. A surety shall be provided to the City for the future closure of the temporary driveway.
3.5 Landscape buffering and siting of the facility shall be designed to mitigate the effects of the
development on adjacent residences. All buildings shall be setback from the western and northern
property lines with landscaping buffers constructed pursuant to Eagle City Code Section 8-3-3. A
minimum three (3) foot high landscape berm with a six (6) foot high white vinyl fence shall be
placed adjacent to the west and north boundaries of the site, tapering to a two (2) foot high
landscape berm(with fence)to accommodate both homeowners(to the north).
3.6 All buildings shall be set back a minimum of ninety feet(90')from the centerline of West Chinden
Boulevard to accommodate the future corridor widening (The minimum distance accounts for
seventy feet(70') of right-of-way from the centerline of West Chinden Boulevard and a minimum
twenty foot(20')wide setback for the front of the building).
3.7 Owner shall construct a thirty five foot(35')wide landscape buffer adjacent to Chinden Boulevard
in accordance with Eagle City Code Section 8-2A-7(J)(4)(a).
3.8 Owner shall construct improvements and satisfy all conditions required by the Ada County
Highway District and the Idaho Transportation Department prior to issuance of any building
permit for any building within the development. These improvements include,but are not limited
to,dedication of right-of-way for future road widening(including the terminus of Bavaria Street),
roadway improvements,construction of sidewalk,and construction of driveways in the locations
and configurations as determined by the aforementioned entities. Approval letters from these
entities shall be provided to the City prior to the issuance of a building permit.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(A)(5)
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-6(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(J)(4)(a)
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four(4)
shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty
percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
• Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS:
Nursing/convalescent homes, sani-tariums,children's homes,asylums 1 for each 3 beds
and similar uses
D. DISCUSSION:
• The applicant is proposing to construct a 53,510-square foot assisted living facility. Pursuant to
the letter submitted by the architect, the architectural style of this building falls within the
Carftsman style indicated within the EASD book. The building elevations have a mix of lap-
siding, shingle shake, stucco, and stone to provide a sense of movement throughout the exterior of
the building without becoming too busy or repetitive. A low sloping roof with gables with
decorative beams are proposed to break up the long linear building elevations. The materials and
colors proposed to be used in the construction of this building are deep rich colors and stain.
• A thirty foot(30')wide driveway is proposed to be constructed approximately 100-feet west of the
east property line providing access to Chinden Boulevard. This is a temporary driveway that is to
be removed once Bavaria Street is extended through the property to the east (future phase of
Ashbury Subdivision). The applicant should be required to provide a revised landscape plan
showing how the driveway will be removed and replaced with a berm and plantings to match that
proposed within the buffer area along Chinden Boulevard. The revised landscape plan 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 should be required to provide a surety in the amount equal to one hundred fifty
percent (150%) of the estimated costs to remove the temporary driveway on Chinden Boulevard
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located approximately 100-feet west of the east property line, install a berm, landscaping, and
irrigation. The surety should be submitted to the city prior to the issuance of a zoning certificate.
• The applicant is proposing a stucco trash enclosure with wood gates that are to be stained to match
the colors used on the building. Pursuant to Eagle City Code, wood is not a permitted style of
fence. The applicant should provide revised elevation plans showing the gates to be used on the
trash enclosure to be constructed of material that is low maintenance. The revised trash enclosure
elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• 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 February 26,2015,
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 5 to 0(Grubb and Baer absent)to approve DR-03-15 for a design review
application to construct an assisted living facility(nursing/convalescent home)for William Hines,
with the following staff recommended site specific conditions of approval and standard conditions
of approval with text shown with strike thru to be deleted by the Board and text shown with
underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-01-14&RZ-01-14.
2. Provide a revised landscape plan showing how the eastern driveway will be removed and replaced with
a berm and plantings to match that proposed within the buffer area along Chinden Boulevard. The
revised landscape plan shall 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 surety in the amount equal to one hundred fifty percent(150%)of the estimated costs to
remove the temporary driveway on Chinden Boulevard located approximately 100-feet west of the east
property line, install a berm, landscaping,and irrigation. The surety shall be submitted to the city prior
to the issuance of a certificate of occupancy zoning
4. Provide revised elevation plans showing the gates to be used on the trash enclosure to be constructed
of material that is low maintenance. The revised trash enclosure elevations shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
5. Paint the wall mounted mechanical units to match the adjacent color of the building.
6. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City,at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
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8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. The exhaust hood shall not be permitted to extend above the shroud.
12. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application and none are approved.
14. Provide a revised landscape plan showing the trees proposed between the west property line and the
northern 100-linear feet of the building to be changed to Class 2 shade trees. OR Provide revised
building elevations showing gables or other architectural features to break up the roofline on the west
building elevation. The revised landscape plan or revised building elevations shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
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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.
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
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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.
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
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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 January 22,2015.
2. Requests for agencies' reviews were transmitted on January 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-03-15) 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 12th day of March 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
AdaC
Rob rubb, Chairman ',,,�.•�� G.E ° -..
s O �ATF .
. ,�,,, O r.
ATTEST:
E• a ♦ ti i
=.� v SAP .
•. STAW
Sharon . Bergmann,Eagle City i lerk �'''•e..•e.••,•`,•
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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