Findings - DR - 2022 - DR-03-15 MOD - Streamside Assisted Living/Foxtail Assisted Living - Assisted Living Building Addition BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A BUILDING )
ADDITION TO AN ASSISTED LIVING )
FACILITY FOR WILLIAM HINES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-03-15 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 9,2021. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
William Hines, represented by Tom Lennon with Erstad Architects, is requesting design review
approval to construct a 19,467-square foot(23-unit)addition to an existing assisted living facility. The
4.63-acre site is located at the western terminus of West Bavaria Street approximately 1,390-feet west
of North Meridian Road at 3600 West Bavaria Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 17, 2021. Revised information
was received October 6,2021,and November 5,2021 (revised building elevations,landscape plan, site
plan).
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 28, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 13,2014,the Eagle City Council approved an annexation and rezone from RUT(Rural-Urban
Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement)(A-01-
14& RZ-01-14).
On March 12,2015,the Eagle Design Review Board approved a design review application to construct
a 53,510-square foot(86-unit)assisted living facility(DR-03-15).
On August 28,2018,the Eagle City Council approved a design review application for a monument sign
for Foxtail Assisted Living Facility(DR-37-18).
On May 11, 2021, the Eagle City Council approved a rezone (development modification and
development agreement in lieu of a conditional use permit) to increase the number of residential
assisted living units from 78 to 100 total units and to include a revised concept plan(RZ-01-14 MOD).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential MU-DA(Mixed Use with a Assisted Living Facility
Development Agreement)
Proposed No Change No Change No Change
North of site Transitional Residential R1 (Estate Residential—Ada Foxtail Subdivision
County Designation)
South of site Mixed Use Community TN-C (Traditional Chinden Boulevard/
(City of Meridian Area Neighborhood Center District Residential subdivision
Impact) (City of Meridian
Designation)
East of site Transitional Residential/ MU-DA(Mixed Use with a Ashbury Subdivision
Professional Office development agreement
Transitional Residential/ R1 (Estate Residential—Ada Foxtail Subdivision
West of site Mixed Use County Designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site has been developed with an assisted living facility
with associated parking and landscaping.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.63-acres(201,900-square feet) 0.11-acres(5,000-square feet)
(minimum)
Percentage of Site Devoted 36%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 39%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 14-new parking spaces 13-parking spaces
(37-existing parking spaces) 42-total parking spaces
51-total (minimum)
Front Setback(South) 50-feet—No change 20-feet(minimum)
Rear Setback(North) 36-feet 20-feet(minimum)
Side Setback(East) 22-feet 20-feet(minimum)
Side Setback(West) 14-feet 7.5-feet(minimum)
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K. PARKING ANALYSIS:
Gross Floor Area of Proposed Nursing/Convalescent Home: 19,466-square feet
Nursing/Convalescent Home— 1 parking space for each 3 beds 37 beds/3= 12.3 = 13 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space for each 3 beds.
Proposed Parking Spaces: 14-new parking spaces(for a total of 51-parking spaces)
Required Parking Spaces: 13 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Nursing/Convalescent Home")(for a total of 42-parking spaces required).
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)building to be utilized as a nursing/convalescent home
(assisted living facility).
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately nineteen and one half foot (19 1/2') high single-story
structure.
Gross Floor Area of Proposed Buildings:
The proposed nursing/convalescent home is approximately 19,466-square feet.
The existing nursing/convalescent home is approximately 56,530-square feet.
On and Off-Site Circulation:
A 34,800-square foot(approximately) paved parking lot provides parking for vehicles using this site.
One 33-foot wide driveway is located near the north east corner of the site that provides access to west
Bavaria Street.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Asphalt Composition Shingle(Weathered Wood)
Walls: Hardi Lap Siding(Sandstone Beige), Stucco(White), Cultured Stone(Echo Ridge)
Windows/Doors: Vinyl(White)
Fascia/Trim: Wood(Brown Mahogany)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Bavaria Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping: Existing—no change.
b. Interior Landscaping: 8%interior landscaping is required, 8% is existing.
O. TRASH ENCLOSURES: Existing—no change.
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P. MECHANICAL UNITS:
The applicant is proposing to use wall mounted mechanical units for each of the units. The wall units
are to be painted a color to blend with the adjacent material.
There are a two ground mounted mechanical units proposed to be located within the common landscape
area between buildings. The ground mounted mechanical units will not be visible from the perimeter
of the site.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location was received. Detailed lighting cutsheets showing
the style, color, height, illumination type, wattage, and Kelvin was received and complies with Eagle
City Code Section 8-4-4-2 with the exception of the height of the parking lot light poles located along
the north side of the emergency access driveway. Pursuant to Eagle City Code Section 8-4-4-
2(A)(5)(d), light poles located within 50-feet of the property line of any residentially zoned parcel of
land or parcel used for residential purposes may only be 15-feet in height maximum.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Meridian Fire has been received by the City. The site is located
within Suez 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-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
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
Department of Environmental Quality
Eagle Park,Pathway,and Recreation
Marathon Pipe Line
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Meridian Fire
Settlers Irrigation 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
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 DESIGN REVIEW BOARD 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 14, 2017), designates this site as the
following:
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
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Commonly requires a transition/change in density, lot sizing,and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be paramount in
this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
B. DEVELOPMENT AGREEMENT PROVISION 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,Applicant 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 Assisted Living is the only approved use for the site.Any change of use will require a modification
to this agreement prior to the change of use.
3.9 The Assisted Living facility shall be limited to single-story(not to exceed 29-feet in height).
3.10 The assisted living facility shall not exceed a total of 100-units.
3.11 Owner shall comply with all requirements of the Meridian Fire Department.
3.12 All lighting(i.e.,building and parking lot)shall be in conformance with Eagle City Code and shall
be designed to incorporate "Dark Sky Lighting" to prevent light trespass on the adjacent
properties.
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 8-4-4-2(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.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 19,466-square foot building
addition to an assisted living facility. The existing 56,530-square foot(77-unit)with the proposed
19,466-square foot (23-unit) will provide a 75,996-square foot (100-unit) assisted living facility.
Pursuant to the representative's justification letter, the building has been designed using the
Craftsman style of architecture as allowed within the Eagle Architecture and Site Design book and
to complement the building design of the existing facility. The justification letter states that the
walls have a combination of stucco,lap siding,and stone wainscot. Staff defers comment regarding
the building design,materials,and colors to the Design Review Board.
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The proposed building 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 building 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 building regarding the harmonious nature and relationship of the
buildingto the surroundingvicinityto the Design Review Board.
g
• Detailed lighting cutsheets were submitted on September 17, 2021 and a site and parking lot light
plan was submitted on November 5,2021. The style,color,height, illumination type,wattage,and
Kelvin comply with Eagle City Code Section 8-4-4-2 with exception of the height of the parking
lot light poles located along the north side of the emergency access driveway located near the north
property line. The cutsheets and sign and parking lot lighting plan show the parking lot light poles
to be 20-feet in height and the light poles are located within 50-feet of the north property line.
Pursuant to Eagle City Code Section 8-4-4-2(A)(5)(d),any light pole located within 50-feet of the
property line of any residentially zone parcel of land or parcel used for residential purposes may
only be 15-feet in height. The applicant should be required to provide revised detailed cutsheets
and a site and parking lot lighting plan showing the height of the two parking lot light poles located
within 50-feet of the residential property to the north of this site to be a maximum height of 15-feet
(including any concrete base). The revised cutsheets and site and parking lot lighting plan should
be reviewed and approved by staff prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the 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 December 9,2021,
at which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION: (Granicus time 19:28)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the building architecture,materials,and colors matching the existing building.
BOARD DECISION:
The Board voted 6 to 0(Merrill absent)to recommend approval of DR-03-15 MOD for a design review
application to construct a 19,467-square foot(23-unit)addition to an existing assisted living facility for
William Hines,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 all applicable conditions of RZ-01-14 MOD.
2. Comply with all applicable conditions of DR-03-15.
3. Provide revised detailed cutsheets and a site and parking lot lighting plan showing the height of the two
parking lot light poles located within 50-feet of the residential property to the north of this site to be a
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maximum height of 15-feet(including any concrete base). The revised cutsheets and site and parking
lot lighting plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
4. The applicant shall submit a lot line adjustment application vacating the lot line shown on record of
survey No. 11422(Instrument No. 2018-057301)prior to the issuance of a zoning certificate.
5. The applicant shall submit letters of relinquishment from all affected utilities prior to the issuance of a
zoning certificate.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide detailed civil and landscape plans showing how the drainage from the roof into the courtyard
areas is to be hard piped into the storm drain of the site. The detailed civil and landscape plans shall
be reviewed and approved by staff and one member of the Design Review Board prior to the issuance
of a zoning certificate.
13. Provide a revised landscape plan addressing the plant legend with regard to size and symbols. 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.
14. Provide a revised landscape plan showing the two existing trees located north of the existing building
relocated on site. 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
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
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project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to 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
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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 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.
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22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping,parking,and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-03-15 MOD)with regard to the Eagle City Code Title 8,Chapter 2,Article A,DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board 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 an assisted living facility is permitted with the approval of a design review
application within the MU-DA(Mixed Use 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 assisted living facility is consistent with
the Craftsman style of architecture and is designed to complement 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
assisted living facility use;
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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
proposed assisted living facility is designed to meet the Craftsman style of architecture identified
in the Eagle Architecture Site and 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
assisted living facility is in conformance with the Eagle Architecture and Site Design book and has
been designed to complement the existing building and buildings within 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 building addition to the assisted living facility does not exceed
the 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
developed with walkways and an existing parking lot;
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
walkways provide connection to the building and the public sidewalk along West Bavaria Street;
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 building, and will not cover nor detract from
desirable architectural features.
DATED this 13th day of January 2022.
DESIGN REVIEW BOARD
OF THE CITY OF E GLE
Adao n , Id o
S . fj,
R ert Grubb,Chairman ? `1a:• C�•';'�
c -n;•� 9i ,� :m
ATTEST: :O �r y :) ,
.4)k.,...21/4.i (4_0141, ..,,,,,,-,ro ,,,,,, -,,,.0,-.
vir L.6
Tracy E. Osborn, Eagle City Clerk
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