Findings - DR - 2015 - DR-19-13 MOD3 - Modify To The Eagle Tennis Facility To Construct The Facility 3 Phases •
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR TO MODIFY A )
COMMERCIAL ENTERTAINMENT FACILITY FOR )
THE EAGLE TENNIS FACILITY FOR KARA HOGE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-13 MOD3
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 11, 2015. The Board continued this item to June 25, 2015, and made their decision at that time.
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:
Kara Hoge, represented by Eric Anderson with ALC Architecture, is requesting design review
approval to modify the Eagle Tennis Facility to construct the facility in three (3)phases. The first
phase would include the construction of an 81,000-square foot indoor tennis court building with a
4,000-square foot temporary clubhouse. Phase two would include the construction of a 72,000-
square foot expansion to the tennis facility which would include more indoor tennis courts as well
as other commercial uses. Phase three would include the construction of outdoor tennis courts.
The 12.12-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 April 27,2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 30, 2015, in accordance with the
requirements of the Eagle City Code.
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
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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
MOD).
On March 27, 2014, the Eagle Design Review Board approved a design review application to
modify a commercial entertainment facility for the Eagle Tennis Facility(DR-19-13 MOD2).
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 Renovare Subdivision
Development Agreement)
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.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 12.12-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 642-feet(west) 20-feet(minimum)*
Rear Setback 55-feet(east) 10-feet(minimum)*
Side Setback 127-feet(south)to temporary 7.5-feet(minimum)*
building
Side Setback 98-feet(north) 7.5-feet(minimum)
*Note:Setbacks and lot coverage pursuant to the development agreement executed August 25,2014.
**Note:The parking analysis,dated February 11,2014,was previously approved with DR-19-13 MOD2.
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:
Phase I= 81,000-square foot indoor tennis courts
4,000-square foot temporary club house structure
Phase II= 72,000-square foot indoor tennis courts, daycare, health club, office,
retail, etc.
Phase III= Outdoor tennis courts
On and Off-Site Circulation:
At complete build-out an 88-034-square foot (approximately) paved parking lot will provide
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.
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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
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 Design Review Board 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 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.
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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
Eagle Fire Department
Tesoro Logistics
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. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(A)(6)Building Design:
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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
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)(l)(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.
In addition to the metal siding prohibition listed in this subsection B 1 k,metal siding shall be
prohibited in the DDA, TDA,CEDA design review overlay district areas.
• Eagle City Code Section 8-2A-7(B)(4)
If only a portion of a property is being developed,and if the city does not require
improvements on the entire property, improvements to landscape shall continue a minimum of
twenty five feet(25')(on site)beyond the proposed development.
• Eagle City Code Section 8-4-3(E)
Compact Spaces: A maximum of thirty percent(30%)of the total spaces provided may be
designed, designated and used for compact size vehicles. The minimum standards for compact
vehicle spaces and driveways are set forth in subsection 8-4-4-2F of this chapter. Compact
spaces shall be located along the perimeter of the parking lot or in those areas most distant
from the structure or use being served. Parking areas immediately adjacent to or within close
proximity to the building entrances shall be designated for standard(full size)spaces.
Compact spaces shall be clearly marked as such on the pavement or curb. Surplus parking
spaces(those spaces that exceed the minimum number required by this title)shall also comply
with the thirty percent(30%)maximum per total number of spaces permitted for compact
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spaces. The allowed percentage of compact spaces may only be increased by conditional use
approval from the city council.
• Eagle City Code Section 8-4-4-6 Bicycle Parking:
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.
C. DISCUSSION:
• On March 27,2014,the Eagle Design Review Board approved a design review application to
modify the commercial entertainment facility for the Eagle Tennis Facility(DR-19-13 MOD2).
That modification consisted of adding 51,652-square feet to the original 108,348-square foot
tennis facility. The applicant is now requesting design review approval to construct the Eagle
Tennis Facility in three(3)phases. The first phase would include the construction of an 81,000-
square foot indoor tennis court building with a 4,000-square foot temporary clubhouse. Phase two
would include the construction of a 72,000-square foot expansion to the tennis facility which
would include more indoor tennis courts as well as other commercial uses. Phase three would
include the construction of outdoor tennis courts.
With the proposed phasing plan, the building setbacks, building elevations,and parking
configuration have been modified. The proposed building setbacks still meet that which is
required within the development agreement for this site. For the third time,the form of the
building is changing;however,the materials to be used in the construction of the building remains
the same. The submitted building elevations for the indoor tennis courts,more closely match the
original building elevations approved by the Board on June 27, 2013,with a gabled roof. The
north building elevation wall incorporates the green screen panels that were approved on the
second building elevations approved by the Board on March 27, 2014. The elevation plan,date
stamped by the City on April 27,2015, indicates a metal panel thermawall fluted 4-inch thick
panel is proposed to be used on the west building elevation where the building is to be expanded
in the future. The revised elevations also show a metal roof to be used. Pursuant to Eagle City
Code, metal roofing and siding is prohibited on any portion of the building facing a road. The
visibility of the large expanse of metal roofing has been reduced because the slope of the roof has
been decreased. The Board made the finding the 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.
• The site plan date stamped by the City on April 27,2014, shows the parking and drive aisles along
the north, east, and south of the proposed building reconfigured from that which was previously
approved. No parking was proposed along the north or east sides of the indoor tennis facility, only
a drive aisle was proposed in this area with parking proposed at the southeast corner of the future
outdoor tennis court area. The revised parking plan shows parking to be located along the entire
north and east sides of the indoor tennis facility(phase 1)and along the southern side of the
outdoor tennis courts and future building expansion(phase 2). The site plan date stamped by the
City on April 27, 2014,shows a total of 221-parking spaces to be constructed with phase 1 of the
tennis facility. Of the 221-parking spaces, 127-parking spaces are proposed to be constructed as
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compact parking spaces. This equates to 57%of the parking spaces within phase 1 being
constructed as compact spaces. Pursuant to Eagle City Code, a maximum of 30%of the total
spaces provided may be designed,designated and used for compact size vehicles. Compact spaces
are to be located along the perimeter of the parking lot or in those areas most distant from the
structure or use being served. Staff understands that when phase 2 is constructed,this will shift
the entrance to the west elevation of the future building expansion;however,staff is concern that
until such time phase 2 is constructed,patrons will have limited full size parking spaces available
for their use. Also, there are no handicap parking spaces provided within phase 1. Staff defers
comment with regard to the percentage of compact parking spaces and the lack of handicap
parking spaces proposed within phase 1 to the Design Review Board.
As mentioned above the parking along the north, east, and south areas of the building have been
reconfigured from that which was previously approved. The applicant should be required to
provide a revised landscape plan showing how the reconfigured parking area is to be landscaped.
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 is proposing to install a 4,000-square foot temporary club house to be used until
phase 2 of the tennis facility is constructed. The temporary club house building is to be placed
within the future phase 3 outdoor tennis court area. The applicant has submitted general
specification sheets of the proposed temporary club house building;however, specific building
elevations,materials, colors, etc. have not been submitted. The applicant should be required to
provide detailed elevation plans showing the specific building elevations, materials,and colors to
be used in the construction of the temporary club house facility. The revised elevation plans
should be reviewed and approved by staff and two members of the Design Review Board prior to
the issuance of a zoning certificate.
• The site plan date stamped by the City on April 27, 2015, indicates areas that are to be landscape
pursuant to the past approval of this project and shows what areas are to be completed in future
phases of this development. The site plan shows walkways that lead from the parking area to the
temporary club house and extend to the indoor tennis facility(phase 1). There is a small area
between the temporary club house and the parking area that is to be landscaped on the south side
of the temporary facility. The site plan indicates this is to be landscape pursuant to the landscape
plans. This area was never shown to be landscaped since it was part of the outdoor tennis court
area. The site plan does not show that any landscaping is proposed on the west building elevation
that will be expanded in the future. Pursuant to Eagle City Code, if only a portion of the property
is being developed,and if the City does not require improvements on the entire property,
improvements to landscape shall continue a minimum of twenty five feet(25')beyond the
proposed development. The applicant should be required to provide revised landscape plans
showing how the area around the club house is to be landscaped and the area west of the indoor
tennis facility is to be landscaped a minimum of twenty five feet(25')beyond the edge of the
buildings. 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.
• 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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 11, 2015.
The Board continued the item to June 25, 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 4 to 0(Grubb,Martin,and Baer absent)to approve DR-19-13 MOD3 for a
design review application to modify the commercial entertainment facility for the Eagle Tennis
Facility for Kara Hoge,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 Tennis Club Plaza Subdivision(PP-13-13).
2. Comply with any applicable conditions of DR-19-13 and DR-19-13MOD2.
3. 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.
4. 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.
5. Provide a revised landscape plan showing how the reconfigured parking area is to be landscaped. The
revised plan shall show temporary barriers or boundaries along the drive aisle providing access to the
north side of the building(from the westernmost driveway on East Riverside Drive). The revised plan
shall also address weed and dust mitigation. The revised landscape plan shall be reviewed and
approved by the Design Review Board prior to the issuance of a zoning
certificate.
6. Provide detailed elevation plans showing the specific building elevations,materials,and colors to be
used in the construction of the temporary club house facility. The revised elevation plans shall be
reviewed and approved by the Design Review Board prior to the issuance of
a zoning certificate.
7. Provide revised landscape plans showing how the area around the club house is to be landscaped and
the area west of the indoor tennis facility is to be landscaped a minimum of twenty five feet(25')
beyond the edge of the buildings. The revised landscape plan shall be reviewed and approved by staff
the Design Review Board prior to the issuance of a zoning certificate.
8. Provide detailed elevation plans showing the materials,height,color, etc.to be used in the construction
of the trash enclosure and gates. The detailed elevation plans shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
9. A Design Review Application for all future phases of the Eagle Tennis Facility shall be submitted to
the City to be reviewed and approved by the Design Review Board.
10. The pathway located along State Highway 44,the perimeter landscape and street trees along State
Highway 44,Edgewood Lane,and East Riverside Drive,and parking lot landscaping shall be installed
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prior to the issuance of a certificate of occupancy for the temporary club house and/or phase 1 of the
Eagle Tennis Facility.
11. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
12. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
13. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
14. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
15. No ground mounted mechanical units are proposed with this application and none are approved.
16. Roof top mechanical units,hoods,vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
17. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
18. No signs are proposed with this application. A design review sign application for the master sign plan
for Tennis Club Plaza Subdivision is required to be reviewed prior to any signage on this site or
building being constructed.
19. Provide detailed cut sheets of any building lighting and site lighting. The cut sheets shall show style,
wattage, luminaires,height,etc. of all proposed light fixtures. The detailed cut sheets shall be
reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
20. The elevation plan sheet A3.4,date stamped by the City on June 17,2015, is approved. Provide a
revised elevationplan indicating the west elevation labeled correctly. The revised elevation plan shall
be reviewed and approved by staff prior to the issuance of a zoning certificate.
21. Provide a detailed color board and material samples indicating the materials and colors to be used on
the building. The color board and material samples shall be reviewed and approved by 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
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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
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.
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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.
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.
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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.
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 April 27,2015.
2. Requests for agencies' reviews were transmitted on April 30, 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-19-13 MOD3) 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.
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DATED this 9th day of July 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Robert Grubb, Chairman 0 t�'•.•
_ r° ��• *•
ATTEST:
'•�Sharon K. Bergmann,Eagle City Clerk 4•
aa.+.+
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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