Findings - CC - 2021 - DR-09-21 - Dovetail Condos Ls BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING AND )
BUILDING ARCHITECTURE WITHIN )
DOVETAIL CONDOS FOR GUY JONES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-09-21
The above-entitled design review application came before the Eagle City Council for their action on April
27, 2021. The Eagle City Council 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:
Guy Jones,represented by Jessica Petty with 12.15 Design LLC, is requesting design review approval
of the common area landscaping and building architecture within Dovetail Condos. The 1.58-acre site
consisting of two lots(Lots 6& 7,Block 2,Randall Acres Subdivision No. 15), is located on the north
side of East Dunyon Street approximately 300-feet east of the intersection of East Dunyon Street and
South Conover Street at 2056 and 2078 East Dunyon Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 17, 2021. Supplemental
information(revised landscape and tree mitigation plan)was received by the City on February 19,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on June 13,2020,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 27, 2020, the City Council approved a rezone from R-4 (Residential) to R-6-DA
(Residential with a development agreement) to allow for four(4)two-family dwelling units (RZ-07-
20).
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 Compact Residential R-4 (Residential) Single-family residences
Proposed No Change R-6-DA(Residential with a Four(4)two-family
development agreement) dwellings(Condominiums)
North of site Compact Residential R-4(Residential) Single-family dwellings
South of site Mixed Use MU(Mixed Use) Commercial and single-
family dwellings
East of site Compact Residential R-4(Residential) Single-family dwelling
West of site Compact Residential R-4(Residential) Single-family dwelling
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS: There is an existing single-family dwelling and a mobile home
located on the properties and numerous trees, all of which are to be removed.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
•
Total Acreage of Site 1.58-acres(68,825-SF) 0.11-acres(5,000-SF)
Percentage of Site Devoted 34%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 52%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 52-parking spaces 20-parking spaces(minimum)
(24-parking spaces [8-three car (16-parking spaces [8-covered
garages], 24-parking spaces [8- parking spaces],4-guest
driveways with parking for three cars], parking spaces**)
4-guest parking spaces located north of
unit 2)
Front Setback(South) 20-feet* 20-feet(minimum)
Rear Setback(North 25-feet* 20-feet(minimum)
Side Setback(West) 7.5-feet* 7.5-feet(minimum)
Side Setback(East) 7.5-feet* 7.5-feet(minimum)
*Note: Setbacks are measured from the property line to the closest building and lot coverage calculated for the entire site.
**Note:Guest parking required within the development agreement(RZ-07-20).
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K. PARKING ANALYSIS:
Number of Units: 8
• Eagle City Code Section 8-4-5 requires the following parking for two-family dwellings: For each
unit-2 parking spaces(including 1 covered parking space).
Proposed Parking Spaces: 52
Required Parking Spaces: 20 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Two-family dwelling" and 4-parking spaces required pursuant to the development
agreement 3.6)
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct four(4)two-family dwelling units.
Height and Number of Stories of Proposed Buildings:
Units 1 and 2—22-feet high, one story.
Units 3 and 4—31-feet high,two story.
Units 5 and 6—28-feet high,two story.
Units 7 and 8—21-feet high, one story.
Gross Floor Area of Proposed Buildings:
Units 1 and 2= First Floor- 2,158-square feet/each
Unit 3 = First Floor- 1,989-square feet
Second Floor- 1,500-square feet
Total- 3,489-square feet
Unit 4= First Floor- 2,281-square feet
Second Floor- 1,500-square feet
Total- 3,781-square feet
Unit 5 = First Floor- 2,281-square feet
Second Floor- 1,070-square feet
Total- 3,351-square feet
Unit 6= First Floor- 1,128-square feet
Second Floor- 1,600-square feet
Total- 2,728-square feet
Units 7 and 8 = First Floor 2,517-square feet/each
Total square footage of all units= 22,699-square feet
On and Off-Site Circulation:
A 6,380-square foot(approximately)paved access drive provides access to each of the units.There will
be no parking allowed on the common access drive; however, there is parking in the garages and in
front of the garages of each unit, as well as four guest parking spaces provided at the western end of
the east/west common access drive. One 20-foot wide shared driveway is located on the south property
line providing access to East Dunyon Street.
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M. BUILDING DESIGN FEATURES:
Proposed Building Design: English Cottage
Roof: Shingle(black),Metal(matt black)
Walls: Stucco(Medium Sand),Cultured Stone Ledge stone or Flagston(warm)
Windows/Doors: Aluminum and fiberglass(black)
Fascia/Trim: Wood(medium sand)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are twenty-five existing trees.
Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
Chokecherry 13" Healthy Remove 13"
Maple 11" Healthy Remove 11"
Catalpa 33" Healthy Remove 33"
Catalpa 13" Healthy Remove 13"
Elm(9) Dead, dying, diseased and trash trees Remove N/A
Poplars(7) Trash trees Remove N/A
Willow(2) Trash tree Remove N/A
Conifer 23' Healthy Remove 23'
Subalpine Fir
Conifer 20' Healthy Remove 20'
Subalpine Fir
Conifer 20' Good health Remove 20'
Subalpine Fir
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches proposed for mitigation 85"
Total height proposed for mitigation 21'
Tree Replacement Calculations:
The applicant is proposing to remove all twenty-five trees from the site. The applicant is removing
63-feet of coniferous tree and 70-inches of deciduous tree from the site. The landscape plan shows an
overage of seventeen deciduous trees to be planted on site which is equivalent to 51-caliper inches of
tree. Additionally, the applicant is proposing to plant 34, 3-inch caliper trees which provides an
additional 34-caliper of inches being planted on the site for a total of 85-caliper inches of deciduous
tree being replaced on site. The additional 15-caliper inches of deciduous tree is equal to seven,2-inch
caliper trees. The applicant is proposing to plant seven, 9-foot tall coniferous trees throughout the
development which is equal to 21-feet. The 42-feet of coniferous trees to be mitigated for is equivalent
to seven, 6-foot tall coniferous trees. The additional 15-caliper inches of deciduous mitigates the 42-
feet of coniferous tree required to be mitigated within this development. No mitigation is required.
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The applicant provided correspondence from the Idaho Department of Fish and Game (IDFG) that
states there are no specific survey records for the subject property or adjacent area, and does not have
any recorded observations of special status plants or wildlife within the immediate vicinity of the
project site. The IDFG does provide recommendations for reducing the likelihood of nest destruction
providing suggestions of when and how to remove the trees.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along East Dunyon Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
O. TRASH ENCLOSURES:N/A
P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to located behind each unit and screened with landscaping on the sides
but not on the backside of the unit. No roof top mechanical units are proposed and none are
approved.
Q. OUTDOOR LIGHTING:
A street light plan showing the location of two streetlights has been provided. One streetlight is to be
located at the intersection of the common access driveway and East Dunyon Street and the second
streetlight is to be located just west of the four guest parking spaces. The detailed cut sheets provided
to not specify the height or luminarie of the light fixture to be used.
R. SIGNAGE:
No signs are proposed with this application and none are approved. A separate design review
application is required to be reviewed and approved by the Zoning Administrator prior to the
construction of any signs on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Eagle Water Company service area and within the boundaries of the Eagle Sewer
District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—see sheet L150
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
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Ballentyne Ditch Company
Drainage District No. 2
Eagle Fire Department
Eagle Historic Preservation Commission
Eagle Sewer District
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board,or City
Council,whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with
adjacent uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible,enhance the continuity of thematically common architectural
features;
e. Will have facades,features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety,and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
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i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 November 15, 2017),designates this site as the
following:
Compact Residential
Suitable for single-family residential,row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 Owner shall be required to submit a lot line adjustment application to remove the common side
lot line located between Lots 6 and 7, Block 2, Randall Acres No. 15 (Property). The lot line
adjustment shall be reviewed and approved by the City prior to recordation of the lot line
adjustment record of survey. The recorded lot line adjustment record of survey shall be provided
to the City prior to issuance of a zoning certificate for construction of the two-family dwellings.
3.5 Owner shall submit a design review application showing at a minimum: 1)two-family dwelling
elevations,2)planting details within all open areas throughout the development and the driveway
planter islands,3)elevation plans for all proposed open area structures and irrigation pump house
(if proposed),4)landscape screening details of the irrigation pump house(if proposed),5)useable
amenities such as picnic tables,covered shelters,benches, garden boxes,gazebos,and/or similar
amenities (if proposed), 6) all proposed fencing throughout the development, and 7) proposed
development signage. The design review application shall be reviewed and approved by the
Design Review Board and City Council prior to issuance of a zoning certificate for construction
of the two-family dwellings.
3.6 Owner shall provide a minimum of four (4) additional onsite guest parking spaces. The guest
parking area shall be reviewed and approved by the Design Review Board and City Council prior
to issuance of a zoning certificate for construction of the two-family dwellings.
3.7 Owner shall submit a stormwater drainage plan to be reviewed and approved by the City Engineer
prior to the construction of the private drive aisle and/or the first two-family dwelling unit on the
Property.
3.8 The two-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"D".
To assure compliance with the conditions of approval herein,the City reserves the right to deny,
at its discretion,any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit"D".If a building permit is denied,the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.16 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size,and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.No trees
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shall be removed from the site prior to city approval of a tree removal plan.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5)
Utilities:Utility service systems shall not detract from building or site design.Cable,electrical,and
telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-6(A)(5)(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);
• Eagle City Code Section 8-2A-6(A)(6): Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be compatible
and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead
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)(1)(h)
Stucco:Twenty five percent(25%)planer change required,additional accents shall be incorporated
through the use of other material(s).
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• Eagle City Code Section 8-2A-6(B)(2): Roofs:
e. Metal; standing seam,batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8-2A-6(B)(3): Fences:
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design.
• Eagle City Code Section 8-2A-7(C): Retention,Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed,replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of
coniferous tree removed, an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8") caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous
trees.
b. When a homeowners association or its agent removes tree(s) from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required provided
the site remains in compliance with subdivision's approved landscape plan as determined by
the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise 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.
d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section
8-1-2 of this title, the tree(s) may be removed without approval provided that the city is
notified after the tree's removal and provided with documentation indicating the tree's
condition at time of removal.
e.Planting within public rights of way shall be with approval from the city and the public entity
owning the property.
• Eagle City Code Section 8-2A-7(M):Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. An eight foot(8')wide minimum parkway
planter strip planted with shade class(class II)trees shall be required between the sidewalk
and street to provide a canopy effect over streets.
• Eagle City Code Section 8-4-4-2(A)(5)(d):
Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned
parcel of land or parcel of land used for residential purposes.
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• Eagle City Code Section 8-4-4-2(A)(6):
Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt
maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)shall
be the only type of site and building lighting permitted.
• Eagle City Code Section 8-2A-7(M):Parkway Strips, Separated Sidewalks, and Street Trees:
1. Except as may otherwise be required within the DDA, TDA,CEDA, and DSDA sidewalks
shall be separated from the curb along all streets.An eight foot(8')wide minimum parkway
planter strip planted with shade class(class II)trees shall be required between the sidewalk
and street to provide a canopy effect over streets.
D. DISCUSSION:
• The applicant is requesting design review approval to construct four,two-family dwelling units
and the common area landscaping within Dovetail Condos. The applicant's justification letter
states the facades of the homes are modeled after the English Cottage style of architect as noted
within the Eagle Architecture and Site Design book with stone walls,side entry porches, steep
gables and dormers,and arch accents across the front facades.
The rear and side elevations of all the units are finished with stucco with very little to no planer
change. Pursuant to Eagle City Code Section 8-2A-6(B)(1),twenty five percent(25%)planer
change required,additional accents shall be incorporated though the use of other materials. The
setbacks permitted with this development give the applicant the opportunity to provide building
undulation or the opportunity to provide covered patios which all would help with the planer
change of the rear elevations of all the units. The applicant should be required to provide revised
building elevations of all the units showing 25%planer change on the rear and sides of all the
units. Planer change should incorporate building undulation and include accents through the use
of other materials. The revised building elevations should be reviewed and approved by staff and
two members of the Design Review Board prior to the issuance of a zoning certificate.
The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e),the proposed buildings should be
designed to not interfere with the visual character, quality or appearance of the surrounding area
and City, and where possible, enhance the continuity of thematically common architectural
features,and will have facades,features, and other physical improvements that are designed as a
whole,when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed buildings regarding the harmonious nature and relationship of
the building to the surrounding vicinity to the Design Review Board.
• The landscape plan shows a single line of landscaping proposed around the base of the homes.
The landscape plan does not show landscaping to be located around three sides of the ground
mounted mechanical units of units 1, 2, 7,and 8. No landscaping has been proposed on the
northeast elevations of units 3, 4, 5,and 6. Pursuant to Eagle City Code Section 8-2A-6(A)(5)(b),
ground mounted mechanical units are required to be screened from view. The applicant should
be required to provide a revised landscape plan showing all the ground mounted mechanical units
to be screened on three sides of the mechanical units with landscaping so the ground mounted
units are screened from view. 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.
• There is overhead power located along the frontage of this development. Pursuant to Eagle City
Code 8-2A-6(A)(5),utility service systems shall not detract from building or site design. Cable,
electrical, and telephone service systems shall be installed underground. The applicant should be
required to provide a revised site and landscape plan showing the overhead power located along
the frontage of this development to be located underground. The revised site and landscape plan
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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 a decorative metal roof over several of the front windows of the homes.
The plans do not specify if the metal roof will have concealed fasteners. Pursuant to Eagle City
Code Section 8-2A-6(B)(2), metal roofs; standing seam, batten seam (concealed fasteners
required). The applicant should be required to provide revised building elevations showing the
metal roof to have concealed fasteners. The revised building elevations should be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
The landscape plans show six foot vinyl fence detail, however, the landscape plan does not show
where the vinyl fence is to be located within the development. Pursuant to Eagle City Code Section
8-2A-6(B)(3), decorative wood and vinyl fencing may be permitted if the city determines that the
style of fence proposed is complementary to the building architecture and overall site design. Staff
defers comment regarding the style of fence to the Design Review Board.
The applicant should be required to provide a revised landscape plan showing where fencing is
proposed to be located within the development. 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 landscape plan shows the street trees to be located on the north side of the separated sidewalk
adjacent to East Dunyon Street. Pursuant to Eagle City Code Section 8-2A-7(M), except as may
otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall be separated from
the curb along all streets.An eight foot(8')wide minimum parkway planter strip planted with shade
class (class II) trees shall be required between the sidewalk and street to provide a canopy effect
over streets. The applicant should be required to provide a revised landscape plan showing the
street trees to be located between the separated sidewalk and East Dunyon Street. 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 provided detailed cutsheets of the proposed streetlight, however, the height and
luminaries were not specified. Pursuant to Eagle City Code Section 8-4-4-2(A)(5)(d), fifteen feet
(15')for any pole within fifty feet(50')of a property line of any residentially zoned parcel of land
or parcel of land used for residential purposes. Pursuant to Eagle City Code Section,8-4-4-2(A)(6),
except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt
maximum high pressure sodium lights,3000K maximum LED lights(or approved equivalent)shall
be the only type of site and building lighting permitted. The applicant should be required to provide
detailed cutsheets showing the height and luminaries of the proposed streetlights within the
development. The detailed cutsheets should be reviewed and approved by staff prior to the issuance
of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the following site specific conditions of approval and standard conditions of approval
provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on March 25, 2021.
The application was continued to April 8,2021,at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
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C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 54:03)
On March 25, 2021, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The Board determined the building elevations needed additional detail on the sides and rear of all
buildings.
• The Board recommended the addition of a pergola,picnic table area,benches,etc.be added to the open
area within the development.
• The Board recommended the mailbox cluster incorporate an architectural element to provide shelter for
residents and to be enhanced with architectural features to screen the supports and to be architecturally
compatible with the future residential dwelling units.
BOARD DELIBERATION: (Granicus time 37:48)
On April 8, 2021,upon completion of the applicant's and staffs presentations,the Board discussed during
deliberation that:
• The Board determined the revised building elevations with the addition of windows, roof elements,
materials, and colors are acceptable and provide 25%planer change.
• The Board is in favor of the pergola shown on the architectural plans.
• The Board is in favor of the mailbox cluster with the addition of an overhang to provide shelter for the
residents as noted in site specific condition no. 23.
BOARD DECISION:
The Board voted 6 to 0 to recommend approval of DR-09-21 for a design review application for the
common area landscaping and building architecture within Dovetail Condos, for Guy Jones,with the
following site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document,dated April 22, 2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on April 27, 2021, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-09-21 for a design review application for the common area
landscaping and building architecture within Dovetail Condes, for Guy Jones,with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-20.
2. A lot line adjustment application shall be reviewed and approved prior to the issuance of a zoning
certificate.
3. Comply with all conditions of the Eagle Fire Department.
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4. The revised building elevations,date stamped by the City on April 8, 2021,meet the 25%planer
change and are approved.
5. Provide a revised landscape plan showing all the ground mounted mechanical units to be screened on
three sides of the mechanical units with landscaping so the ground mounted units are screened from
view. 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.
6. Provide a revised site and landscape plan showing the overhead power located along the frontage of
this development to be located underground. The revised site and 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.
7. Provide revised building elevations showing the metal roof to have concealed fasteners. The 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.
8. Provide a revised landscape plan showing where fencing is proposed to be located within the
development. 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.
9. Provide a revised landscape plan showing Class 2 street trees to be located between the separated
sidewalk and East Dunyon Street. 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.
10. Provide detailed cutsheets showing the height and luminaires of the proposed streetlights within the
development. The detailed cutsheets shall be reviewed and approved by staff prior to the issuance of
a zoning certificate.
11. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
12. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
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. Paint all roof vents to match the color of the roof.
16. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
17. No signs are proposed with this application and none are approved.
18. Provide revised building elevations showing all gutters and downspout locations. The revised
building elevations shall be reviewed and approved by staff and two members of the Design Review
Board prior to the issuance of zoning certificate.
19. Provide revised site and landscape plans showing the covered patio on Unit 6 to be a minimum of
7'6"from the east property line. The revised site and landscape plans shall be reviewed and approved
by staff prior to the issuance of a zoning certificate.
20. Provide revised roof plans for all the units showing the roof slope to be more cohesive with other roof
slopes on the individual units(same pitch). The revised roof plans shall be reviewed and approved by
staff and two members of the Design Review Board prior to the issuance of a zoning certificate.
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21. Provide a revised site and landscape plan showing the underground power to be located north of the
separated sidewalk along East Dunyon Street. The street trees shall be located on the south side of
the separated sidewalk along East Dunyon Street. The revised site and landscape plans shall be
reviewed and approved by staff and two members of the Design Review Board prior to the issuance
of a zoning certificate.
22. Provide revised building elevations showing a warmer white color instead of the Greek Villa
(SW7551)as noted on Sheet 001, showing it to be a warmer color that will blend with the Dapper
Tan(SW6144)and Retreat(SW6207). The revised color shall be reviewed and approved by staff and
two members of the Design Review Board prior to the issuance of a zoning certificate.
23. Provide revised elevation plans of the mailbox cluster showing an overhang to provide shelter for
residents getting their mail. The revised elevation plan shall be reviewed and approved by staff and
two members of the Design Review Board prior to the issuance of a zoning certificate.
24. Provide detailed cutsheets of the irrigation pump station showing the size,height, color, etc. A
revised landscape plan showing the irrigation pump station screened from view shall be provided.
The detailed cutsheets and revised landscape plan shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
25. Provide revised building elevations showing the exact location of building materials and colors
proposed on all the units. The revised building elevations shall be reviewed and approved by staff
and two members of the Design Review Board prior to the issuance of a zoning certificate.
26. Provide a revised landscape plan(Sheet L1.50)showing the pergola removed from this sheet. The
pergola shall be constructed pursuant to the elevations provided on Sheet 000,date stamped by the
City on March 31,2021. The revised landscape plan shall be reviewed and approved by staff prior to
the issuance of a zoning certificate.
27. Provide revised building elevations of the pergola noting the wood posts to be painted the same
warmer white color to match the color as noted in SSC#22 above. The revised building elevations
shall be reviewed and approved by staff and two members of the Design Review Board prior to the
issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and 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
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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 issuance of any 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 be 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
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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. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes 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 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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-09-21) 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.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and two-family dwellings are permitted with the approval of a design review
application within the R-6-DA(Residential with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping and building
architecture is designed to enhance the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has adequate parking for the proposed
two-family dwellings;
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D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
buildings are designed to meet the English Cottage style of architecture identified in the Eagle
Architecture and Site Design Book;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
two-family dwellings are in conformance with the Eagle Architecture and Site Design book and
have been designed to enhance the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed two-family dwellings heights do not exceed 35-feet permitted
within Eagle City Code;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with a sidewalk adjacent to East Dunyon Street and the driveway into the site has been
designed with sidewalks on both sides of the driveway to allow for both pedestrian and vehicles
access to the site;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area since the
sidewalks provide access to the buildings; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 27tl day of April 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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