Findings - DR - 2015 - DR-58-15 - Common Area Landscaping/Nineteen Apartment Buildings/Clubhouse/Eagle Lakes SubdivisioBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
COMMON AREA LANDSCAPING, NINETEEN )
APARTMENT BUILDINGS, AND CLUBHOUSE )
WITHIN EAGLE LAKES SUBDIVISION FOR )
PACIFIC PARTNERS RESIDENTIAL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -58 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on December 10, 2015. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Pacific Partners Residential, represented by Kasey Ketterling with T -O Engineers, is requesting
design review approval to construct the common area landscaping, nineteen (19) apartment
buildings, and a clubhouse within Eagle Lake Subdivision (eight — 15,700 -SF, one — 31,044 -SF,
five — 28,073 -SF, four — 11,237 -SF, one — 15,149 -SF, and clubhouse — 6,485 -SF). The 75 -acre
site is located on the south side of State Highway 44, approximately 1,129 -feet west of the
intersection of State Highway 55 and State Highway 44 at 2401 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 9, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 10, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle
Lake Subdivision (RZ -10 -15 and PP- 07 -15).
E. COMPANION APPLICATIONS: DR -59 -15 and DR -60 -15 (design review sign applications)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently undeveloped.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use, Floodway,
MU (Mixed Use)
Vacant parcel
and Scenic Corridor
Proposed
No Change
MU -DA (Mixed Use with
Mixed use development
Development Agreement [in
including commercial, retail,
lieu of a PUD])
single - family, multi - family
residential.
North of site
Business Park
BP (Business Park) and MU
State Highway 44, mobile home
(Mixed Use)
park, and office building
South of site
Floodway and Eagle
RP (Rural Preservation —
Boise River and vacant parcel
Island Special Use Area
Ada County designation)
East of site
Mixed Use, Floodway,
MU (Mixed Use)
Concrete business (Idaho
and Scenic Corridor
Concrete Company)
West of site
Mixed Use, Floodway,
MU -DA (Mixed Use)
Proposed Tennis Club Plaza
and Scenic Corridor
and Renorvare Subdivisions
G. DESIGN REVIEW OVERLAY DISTRICT:
Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently undeveloped.
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I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
75 -acres (3,267,000 -SF)
0.11 -acres (5,000 -SF)
Percentage of Site Devoted to
Building Coverage
5% (approximately)
50% (maximum)
Percentage of Site Devoted to
Landscaping
50% (approximately)
18% (minimum in MU with
residential uses)
Number of Parking Spaces
427 -total parking spaces
220 - covered parking (garages)
207 - parking spaces
458 -total parking spaces **
250- covered parking
Front Setback
35 -feet (north)*
20 -feet (minimum)
Rear Setback
320 -feet (south)*
20 -feet (minimum)
Side Setback
8 -feet (east)*
12 -feet (minimum)
Side Setback
43 -feet (west)*
7.5 -feet (minimum)
*Note: Setbacks measured from the property line to the closest building.
* *Note: Based on 1.85 - parking spaces/unit for phase 1 and 1.80 - parking spaces/unit for phase 2.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Twenty (20) buildings; 19- residential apartments and 1-
clubhouse.
Height and Number of Stories of Proposed Buildings:
Building Type 1, 2, 3, 5, and 6 are all three (3) stories. The Clubhouse is one (1) story with a
second story sun deck.
Building Type 1 = 39'
Building Type 2 = 40' 6"
Building Type 3 = 39'
Building Type 5 = 37'
Building Type 6 — 39'
Clubhouse = 22' 9 %"
Gross Floor Area of Proposed Buildings:
Building Type 1 = First Floor - 5,038 -SF
Second Floor - 5,331 -SF
Third Floor - 5,331 -SF
Total - 15,700 -SF /ea x 8 = 125,600 -SF
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Building Type 2 = First Floor - 9,958 -SF
Second Floor - 10,543 -SF
Third Floor - 10,543 -SF
Total - 31,044 -SF /ea x 1 = 31,044 -SF
Building Type 3 = First Floor - 8,983 -SF
Second Floor - 9,545 -SF
Third Floor - 9,545 -SF
Total - 28,073 -SF /ea x 5 = 140,365 -SF
Building Type 5 = First Floor - 3,627 -SF
Second Floor - 3,805 -SF
Third Floor - 3,805 -SF
Total - 1 1,237 -SF /ea x 4 = 44,948 -SF
Building Type 6 = First Floor - 5,391 -SF
Second Floor - 4,879 -SF
Third Floor - 4,879 -SF
Total - 15,149 -SF /ea x 1 = 15,149 -SF
Clubhouse = First Floor - 4,489 -SF
Second Floor - 1,996 -SF
Total - 6,485 -SF
On and Off -Site Circulation:
A 145,700- square foot (approximately) paved parking lot provides parking for vehicles using this
site. Two 50 -foot wide driveways are proposed to be located on the north side of this site
approximately 60 -feet 430 -feet west of the east property line providing access to East Riverside
Drive.
K. BUILDING DESIGN FEATURES:
Roof Composite shingle (Pabco "Pewter Gray ")
Walls: Fiber Cement Hardi Panel with Batt and Board Accents/Lap siding/Board and Batten
Siding (Sherwin Williams - Ddcor White, Porpoise, Zeus, Down Home, Weathered Shingle),
Ledgestone (Eucalyptus)
Windows/Doors: Vinyl and Fiberglass (White)
Fascia/Trim: Fiber Cement (Snowbound)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located throughout
the site all of which are to be removed (see Sheet L2 of 13).
Tree Replacement Calculations: Due to the mass grading and placement of controlled fills for
development, the applicant is proposing to remove all the trees located north of the Riverfront
Preserve Area. With the exception of a few of the trees noted on Sheet L2 of 13, date stamped by
the City on November 9, 2015, only twenty two (22) 2 -inch to 2.5 -inch caliper trees are required to
mitigate that which is proposed to be removed.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed to be located along all public and private roads within this
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development.
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 entire parking area of the luxury
apartments.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
Seven (7), 144 - square foot trash enclosures are proposed to be located throughout the
development. The enclosures are proposed to be constructed of split face CMU walls. The gates
are proposed to be metal and painted to complement the colors used on the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units on the apartment buildings that are to
be located within a mechanical well and completely screened from view by the roof structure.
Ground mounted mechanical units are proposed for the clubhouse and screened from view by
landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letters from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — Yes — See Environmental Assessment Plan
Evidence of Erosion — None identified to date
Fish Habitat — Yes — Boise River and ponds located on -site
Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP- 0I -15)
Mature Trees — Yes — Located adjacent to the existing residence and within the floodway area
Riparian Vegetation — Yes — located adjacent to the Boise River
Steep Slopes — None identified to date
Stream/Creek Yes — Boise River
Unique Animal Life — None identified to date
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Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River and existing ponds
Unstable Soils — None identified to date
Wildlife Habitat — Yes — Located adjacent to the Boise River
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 Parks and Recreation
Idaho Department of Fish and Game
Idaho Transportation Department
Tesoro Logistics NW Pipeline
West Ada School District
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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
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 20 units per 1 acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek (Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the
floodway areas shall not be considered as a part of the minimum area of open space required (as
required within the zoning ordinance) unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
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the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.3 The total number of residential units on the Property shall not exceed 321 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design
Review process and future conditional use permits for the residential development will not be
required.
3.7 The proposed building height of the multi - family structures shall not exceed 41 -feet in height as
shown on the submitted building elevations.
3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements
set forth in this Development Agreement. Specific design elements shall be clarified during the
platting and design review application processes. However, the streetscape as shown on the
concept plan (center landscape islands, street trees, pool, poolhouse, and, children's play areas)
shall be required design elements as part of the final design for the site.
3.12 The single - family dwellings shall be constructed utilizing "Craftsman" style architecture as
shown on Exhibit D. The multi - family dwellings shall be constructed utilizing "Craftsman" style
architecture as shown on Exhibit E. Commercial/retail buildings, multi - family residential
buildings, and pool house shall be required to meet the design review requirements as set forth
in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review
Board approval of the detailed architectural plans for the development is required prior to the
issuance of building permits for commercial/retail buildings, multi - family residential units, pool
house, pumphouse for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC &R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
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at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of lighting.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and
all common areas throughout the development, 3) landscape screening details and buffering for
the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 5) landscape screening details of the
irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters,
benches, playground equipment, gazebos, fire pits, and/or similar amenities, 7) design of ponds
to be constructed in reference to mosquito abatement. The design review application shall be
reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat
application.
3.18 Provide a revised preliminary plat showing public pedestrian and bicycle access to the paved
regional pathway along the Boise River. The public pedestrian and bicycle access shall be
reviewed and approved by the Eagle Parks and Pathway Development Commission prior to
submittal of a Design Review application. The revised preliminary plat shall be submitted prior
to submittal of a Design Review application.
3.19 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9- 4 -1 -6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property
located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase
No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Commission prior to submittal of
a design review application. The asphalt pathway shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1 -
6(E) (2). The instrument number of the recorded easement or easements shall be referenced on
the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other
than any pathways approved by Eagle, development within the Floodway and the open space
area between the development and the Boise River shall be prohibited.
3.20 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9- 4 -1 -6, a minimum ten foot (10') wide public sidewalk along the portion of the Property
located adjacent to State Highway 44. The public sidewalk shall be constructed concurrently
with Phase No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway
shall be approved by the City of Eagle Park and Pathway Development Commission prior to
submittal of a design review application. The public sidewalk shall be located in a recorded
easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code
Section 9- 4- 1 -6(E) (2). The instrument number of the recorded easement or easements shall be
referenced on the face of the plat, upon recordation of the final plat(s) wherein the public
sidewalk is located.
3.21 Owner shall provide a parking analysis for the multi - family units and the commercial buildings
at the time of submittal of a design review application.
3.22 The parking ratio for the multi - family residential units shall be 1.85 spaces /unit for the northern
development area and 1.80 spaces /unit for the southern development area (as shown on Exhibit
E) unless the Design Review Board determines that additional parking is needed at the time of
approval of a design review application.
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C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A- 6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
• 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);
a Eagle City Code Section 8- 2A -7(L) Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all building development and public rights of
way to lend continuity among different architectural styles, screen unsightly views,
establish a pleasing view for motorists, and create a safe and pleasant corridor for
pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade
tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2)
ornamental or two (2) evergreen trees may be substituted for one shade tree.
Eagle City Code Section 8- 4 -4 -2: ADDITIONAL DESIGN AND MAINTENANCE
REGULATIONS AND REQUIREMENTS:
A. Site Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
(Ord. 422, 4 -23 -2002)
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
3. Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and
any nonopaque material/lens covering the lamp) shall not be directly visible by a person of
average height standing on the property line of any public right of way, or any private
street, or on the property line of any residentially zoned parcel of land or parcel of land
used for residential purposes.
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4. When historic style light pole fixtures designed such that the portion of the fixture housing
the light bulb is to be exposed as a design element of the light fixture (such as is shown
in chapter 2, article A, exhibit A -9 of this title) are approved, shielding shall only be
required so the light is not directly visible by a person of average height standing on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes. The light used shall be 150 watt high pressure sodium and the light fixture shall
be provided with optics to direct light downward.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less
than five hundred (500) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (500) spaces;
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.
6. Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt
maximum high pressure sodium lights, shall be the only type of site lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of 320 watts.
b. The light fixture shall be no higher than seventeen feet (I T).
c. The design review board shall make the following findings prior to approving metal
halide lighting:
(1) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing
the light bulb is exposed as a design element of the light fixture (such as is shown
in chapter 2, article A. exhibit A -9 of this title) shall not be permitted to have metal
halide lighting.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply
with current city code.
9. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
E. DISCUSSION:
The applicant is requesting design review approval to construct the common area landscaping,
nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes Subdivision. The
architectural style of the buildings is Craftsman Style as indicated within the EASD book. A
variety of materials are proposed on the exterior of the buildings: hardi panel with Batt and Board
Accents/Lap siding/ Board and Batten Siding, and stone veneer. The materials and colors
proposed to be used in the construction of the all the buildings blend very well and provided a
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unified look throughout the development and provide character to each of the buildings. Low
pitched gable roofs have been utilized throughout the project. All the mechanical units will be
located within a well in the roof area and completely screen from view by the roof. All of the
apartment buildings have garages located on the ground level and the applicant is providing
additional garages throughout the development.
• The applicant is proposing three (3) different garages to be located throughout the development.
There is one (1) 10 -car garage, fifteen (15) 5 -car garages, and one (1) 3 -car garage. The applicant
should be required to provide detailed elevations of the garages showing the materials, colors,
height, etc. of the buildings. The detailed elevations should be reviewed and approved by staff and
two members of the Design Review Board prior to the issuance of a zoning certificate.
Pursuant to the development agreement associated with this development, the applicant is required
to provide a total of 458- parking spaces for the apartment buildings of which 250- parking spaces
are to be covered. The 458 - parking spaces is based on 1.85- parking spaces per unit in phase 1 and
1.80- parking spaces per unit for phase 2. The applicant is proposing a total of 427 - parking spaces
of which 220 - parking spaces are proposed to be covered. The site plan is 31- parking spaces
deficient of which thirty (30) of those are required covered parking spaces. While the
development agreement provided provisions for a different parking ratio from Eagle City Code,
the applicant is still required to provide the required number of covered parking spaces. The
applicant should be required to provide revised plans showing a total of 458- parking spaces are
provided with this development of which 250- parking spaces are to be covered. The revised plans
should be reviewed and approved by staff and two members of the Design Review Board prior to
the issuance of a zoning certificate.
• Pursuant to the director of Eagle Parks and Recreation, a shared public parking area is to be
provided by the developer in the commercial parking lot at the northern end of the pathway. The
commercial portion of this development is to be reviewed in future design review applications. In
order to provide parking for access to the Greenbelt along the Boise River, staff recommends that
the applicant provide a temporary gravel parking area in the area of Lot 10 or 11 noted on Sheet
L3 of 13, date stamped by the City on November 9, 2015. The specific construction materials,
size, signage, etc. should be coordinate with the Director of Eagle Parks and Recreation. The
temporary parking area should be installed prior to the issuance of a certificate of occupancy for
any of the apartment buildings.
• The Parks and Pathway Development Commission recommended the trail leading from the public
parking area to the Greenbelt along the Boise River to be 10 -feet wide. Pursuant to Eagle City
Code, Regional pathways such as the Boise River Greenbelt and pathways located adjacent to
major roadways are to be a minimum of 10 -feet wide and are to be located within a 20 -foot wide
pedestrian access easement. The applicant is proposing an 8 -foot wide pathway, as shown on the
approved preliminary plat, from the public parking area to the Greenbelt. Staff defers comment
regarding the width of the pathway to the Design Review Board.
• Pursuant to the setbacks established within the development agreement, buildings are to be setback
a minimum of 12 -feet from the east property line of the development. Sheet L4.5 of 13, date
stamped by the City on November 9, 2015, shows one of the garage units to be located within 8-
feet of the east property line. The applicant should be required to provide a revised site and
landscape plan showing all buildings to be located a minimum of 12 -feet from the east property
line. The revised site and landscape plans should be reviewed and approved by staff prior to the
issuance of a zoning certificate.
• The applicant is proposing to use LED lighting for the parking lot and pathway lighting throughout
the development. Currently, Eagle City Code does not permit LED lighting; however, in past
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applications, the Design Review Board has recommended LED lighting be permitted to be used.
As long as the LED lighting used 3000 Kelvin degrees to provide the warmer tone so as to more
closely match the standard HPS lamps used throughout the development. Staff defers comment to
regarding the use of LED lighting to the Design Review Board.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on December 10,
2015, at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0 (Martin abstained; Brasher absent) to approve DR -58 -15 for a design
review application to construct the common area landscaping, nineteen apartment buildings, and
clubhouse within Eagle Lake Subdivision for Pacific Partners Residential, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text
shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions within the development agreement for rezone application RZ-
10-15.
2. Comply with any applicable conditions of the floodplain development permit FPDP- 01 -15.
3. Provide detailed elevations of the garages showing the materials, colors, height, etc. of the buildings.
The detailed elevations shall be reviewed and approved by staff and two members of the Design
Review Board prior to the issuance of a zoning certificate.
4. Provide revised plans showing a total of 458- parking spaces are provided with this development of
which 250 - parking spaces are to be covered. The revised plans shall be reviewed and approved by
staff and two members of the Design Review Board prior to the issuance of a zoning certificate.
5. Provide a temporary gravel parking area in the area of Lot 10 or 11 noted on Sheet L3 of 13, date
stamped by the City on November 9, 2015. The specific construction materials, size, signage, etc.
shall be coordinate with the Director of Eagle Parks and Recreation. The temporary parking area shall
be installed prior to the issuance of a certificate of occupancy for any of the apartment buildings.
6. Provide a revised site and landscape plan showing all buildings to be located a minimum of 12 -feet
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.
7. Provide revised site and landscape plans showing pedestrian ramps at all intersections. The revised
site and landscape plans shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
8. All future commercial buildings within this development shall be required to submit a design review
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application to be reviewed and approved by the Design Review Board prior to any construction
beginning on those pad sites.
9. Provide detailed elevations of the pressurized irrigation structure proposed along the eastern property
line south of the Eagle Water parcel. The detailed elevations shall be reviewed and approved by staff
and two members of the Design Review Board prior to the issuance of a zoning certificate.
10. Upon completion of the construction of this development and prior to certificate of occupancy for any
structures, an as built shall be provided showing the required pathways in relation to the required
easements.
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 separate design review application is required for any
signage.
19. Provide written approval from the Director of Eagle Parks and Recreation regarding the width,
material, design, maintenance, etc. of the public pathway along the west side of the development.
Provide detailed site and landscape plans showing thquirements provided within the Director's
Approval. The written approval and revised site and landscape plans shall be reviewed and approved
b staff taff prior to the City Clerk signing the final plat or issuance of a zoning certificate.
20. Due to the location of the Eagle Water CompM property in relation to this development, the public
pathway along the west side of the development m4y decrease in width to 5 -feet. The applicant and
the Director of Eagle Parks and Recreation are encouraged to acquire an easement from the Eagle
Water Company to increase the width of the public pathway to a total width of 8 -feet to 10 -feet (width
depending on outcome of site specific condition of approval number 19 above.)
21. Provide a revised landscape plan showing a greater mix of tree species along all public roads, private
roads, and drive aisles 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.
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
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be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
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.
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10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right -of -way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single - family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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
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natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver /variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground - mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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 November 9, 2015.
2. Requests for agencies' reviews were transmitted on November 10, 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- 58 -15) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
The Board recognizes that Light Emitting Diode (LED) lighting is not currently permitted within Eagle
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City Code; however, in an attempt to be more energy conscientious, the Board recommends that LED
lighting be approved. The applicant is proposing to use light fixtures throughout the site and on the
buildings that could be either high pressure sodium (BPS) or LED; the only difference would be the
type of luminarie used within the fixtures. Pursuant to past action by the Design Review Board and
City Council, the applicant is required to use LED fixtures that utilize 3000 Kelvin degrees. The 3000
Kelvin degrees more closely matches the warmer toned light source of a standard BPS lamp. It is with
these improvements that the Board recommends approval of this project as proposed and with the
modifications noted herein.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU -DA (mixed use with development agreement) zoning district.
DATED this 14th day of January 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grub hairman
ATTEST:
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Sharon K. Bergmann, Eagle City C rk
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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