Findings - DR - 2022 - DR-33-17 MOD - Heron's Edge Mixed Use Community - Phasing Plan Approval For The Common Area Landscaping, 9 Apartment Buildings, And Club House BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR PHASING PLAN )
APPROVAL FOR THE COMMON AREA )
LANDSCAPING,9 APARTMENT BUILDINGS, )
AND CLUB HOUSE WITHIN HERON'S EDGE )
MIXED USE COMMUNITY FOR 350 )
EDGEWOOD PARTNER,LLLP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-33-17 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 10,2022. 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:
350 Edgewood Partner, LLLP represented by Jolyon H. Sawrey with Vital Ink Architecture, is
requesting design review approval of a three(3)phase phasing plan for the common area landscaping,
nine(9)apartment buildings,and clubhouse within Heron's Edge Mixed Use Community.The 9.7-acre
site is located on the northeast corner of the intersection of South Edgewood Lane and East State Street
approximately 60-feet north of East State Street at 338 Edgewood Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 6,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 24, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 2017, the City Council approved a rezone from C-2 (General Business District) to MU-
DA (Mixed Use with a development agreement in lieu of a conditional use permit, including a height
exception) to allow for a commercial use consisting of 3-buildng and a multi-family residential use
consisting of 10-buildings(9-multi-family buildings containing 131-units and one[1]club house)(RZ-
01-17).
On August 24, 2017, the Design Review Board denied a design review application to construct the
common area landscaping, nine apartment buildings, and clubhouse within Heron's Edge Mixed Use
Community(DR-33-17).
On October 24, 2017,the City Council approved an appeal application for a design review application
to construct the common area landscaping, nine apartment buildings, and clubhouse within Heron's
Edge Mixed Use Community(AA-05-17/DR-33-17).
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 Commercial MU-DA(Mixed Use with Heron's Edge(Multi-family
a development agreement) residential,commercial)
Proposed No Change No Change No Change
-
North of site Compact Residential R4(Residential) Single-family residential
(Edgewood Estates Subdivision)
South of site Commercial C-2(General Business Commercial building(Clocktower
District) building)
East of site Compact Residential, C-2(General Business Commercial buildings(Andon
Mixed Use District), R-4(Residential) Industrial Park), Single-family
residential(Randall Acres
Subdivision)
West of site Downtown C-2 (General Business Commercial buildings(Restaurant
District) and Grossman Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, and sidewalk along North Edgewood Lane. The site is
being developed with nine apartment buildings,common area landscaping, and a clubhouse.
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J. SITE DATA:No Change.
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 9.34-acres(406,850-square feet) 5,000-square feet(minimum)
Percentage of Site Devoted 14%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 39%(approximately) 15%(minimum)
to Landscaping
Number of Parking Spaces 374-parking spaces 281-parking spaces(minimum—
(12-garages, 129-covered residential only)*
parking,233-uncovered parking
spaces)
Front Setback 20-feet(West)* 20-feet(minimum)**
Rear Setback (See below) 20-feet(minimum)**
Side Setbacks 10-feet(North)* 7.5-feet(minimum)**
0-feet(Northeast)* Covered parking structures:
5-feet(Southeast)* 10-feet(north property line)***
7-feet(South—across from 0-feet(east property line [north])***
Building 5)* 5-feet(east property line [south)***
2-feet(south property line)***
20-feet(structure separation)***
*Note:Setbacks measured from the property line to the closest structure.
**Note:Setbacks in conformance with Eagle City Code Section 8-2-4 for the MU zone
***Setbacks for covered parking structures per the development agreement associated with RZ-01-17
K. PARKING ANALYSIS:
Parking Requirement per Eagle City Code Section 8-4-5:
2 or more bedrooms: 2-parking spaces, including 1-covered, 0.25-per unit for guests
1 bedroom: 1.5-parking spaces, including 1-covered, 0.25-per unit for guests
Phase 1: Buildings 1,7,8,and 9
Building 1 — 14-units
8, 3-bedroom,
3, 2-bedroom,
3, 1-bedroom
Parking Required:
8, 3-bedroom= 16-parking spaces(including 8-covered), 2-guest
3,2-bedroom=6-parking spaces(including 3-covered), 0.75-guest
3, 1-bedroom=4.5-parking spaces(including 3-covered),0.75-guest
Total: 30-parking spaces(including 12.5-parking spaces, 14-covered, 3.5-guest)
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Buildings 7-9- 12-units(4-units per building)
12, 2-bedroom
Parking Required:
12, 2-bedroom=24-parking spaces(including 12-covered),3-guest
Total: 27-parking spaces(including 12-parking spaces, 12-covered, 3-guest)
Total Parking Required for Phase 1:
57-parking spaces(including 24.5-parking spaces, 26-covered, 6.5-guest)
Total Parking Shown for Phase 1:
85-parking spaces(including 49-parking spaces,36-covered)
Extra Parking Spaces for Phase 1:
18-noncovered parking spaces, 10-covered
Phase 2: Buildings 5 and 6
Building 5-24-units
6, 3-bedroom,
15,2-bedroom,
3, 1-bedroom
Parking Required:
6, 3-bedroom = 12-parking spaces(including 6-covered), 1.5-guest
15, 2-bedroom=30-parking spaces(including 15-covered), 3.75-guest
3, 1-bedroom=4.5-parking spaces(including 3-covered), 0.75-guest
Total: 52.5-parking spaces(including 22.5-parking spaces, 24-covered, 6-guest)
Building 6-9-units
9, 3-bedroom
Parking Required:
9, 3-bedroom = 18-parking spaces(including 9-covered), 2.25-guest
Total: 20.25-parking spaces(including 9-parking spaces, 9-covered,2.25-guest)
Total Parking Required for Phase 2:
73-parking spaces(including 31.5-parking spaces, 33-covered, 8.25-guest)
Total Parking Shown for Phase 2:
91-parking spaces(including 35-parking spaces,44-covered, 12-garage)
Extra Parking Spaces for Phase 2:
23-covered
(5-noncovered extra parking spaces from Phase 1 needed to meet Phase 2 parking)
Phase 3: Buildings 2,3,and 4
Building 2-24-units
16, 2-bedroom,
8, 1-bedroom
Parking Required:
16, 2-bedroom=32-parking spaces(including 16-covered),4-guest
8, 1-bedroom = 12-parking spaces(including 8-covered), 2-guest
Total: 50-parking spaces(including 20-parking spaces, 24-covered, 6-guest)
Building 3 -24-units
16, 2-bedroom,
8, 1-bedroom
Parking Required:
16, 2-bedroom=32-parking spaces(including 16-covered),4-guest
8, 1-bedroom = 12-parking spaces(including 8-covered), 2-guest
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Total: 50-parking spaces(including 20-parking spaces, 24-covered, 6-guest)
Building 4-24-units
20,2-bedroom,
4, 1-bedroom
Parking Required:
20, 2-bedroom=40-parking spaces(including 20-covered), 5-guest
4, 1-bedroom=6-parking spaces(including 4-covered), 1-guest
Total: 52-parking spaces(including 22-parking spaces, 24-covered, 6-guest)
Total Parking Required for Phase 3:
152-parking spaces(including 62-parking spaces, 72-covered, 18-guest)
Total Parking Shown for Phase 3:
184-parking spaces(including 128-parking spaces, 53-covered)
Extra Parking Spaces for Phase 3:
48-noncovered parking spaces
(19-covered extra parking spaces from Phase 2 needed to meet Phase 3 parking)
Parking for Commercial:
75-total parking spaces available for commercial pad sites
The site includes three future commercial pad sites. The parking analysis for the commercial buildings
will be addressed with the design review submittal of the commercial buildings.
L. GENERAL SITE DESIGN FEATURES:No Change.
Number and Uses of Proposed Buildings:
Ten(10) buildings; 9-residential apartments, 1-club house, 2-BBQ pavilions, and 15 covered parking
structures
Height and Number of Stories of Proposed Buildings:
Building 1 =33' (gabled roof-36' 11", 3-story),21' (2-story)
Buildings 2, 3,4,and 5 =33' (gabled roof-36' 11", 3-story)
Building 6=24' (gabled roof-26' 11",2-story)
Buildings 7, 8 and 9=21' (2-story)
Clubhouse= 16' 3"(35' 6"-skylight tower roofline,39' 1 3/4"- skylight tower roof peak, 1-story)
Covered Parking Structures= 13' 10"
BBQ Pavilions= 12'
Gross Floor Area of Proposed Buildings:
Building 1 = First Floor- 6,746-square feet
Second Floor- 3,832-square feet
Third Floor- 5,162-square feet
Total- 18,740-square feet/each x 1 = 18,740-square feet
Buildings 2 &3 = First Floor- 9,116-square feet
Second Floor- 9,116-square feet
Third Floor- 8,688-square feet
Total- 26,920-square feet/each x 2= 53,840-square feet
Building 4= First Floor- 9,544-square feet
Second Floor- 9,544-square feet
Third Floor- 5,168-square feet
Total- 24,259-square feet/each x 1 =24,259-square feet
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Building 5 = First Floor- 9,934-square feet
Second Floor- 9,934-square feet
Third Floor- 9,934-square feet
Total- 29,802-square feet/each x 1 =29,802-square feet
Buildings 6= First Floor- 4,485-square feet
Second Floor- 8,970-square feet
Total- 13,455-square feet/each x 1 = 13,455-square feet
Buildings 7, 8&9= First Floor- 2,564-square feet
Second Floor- 2,736-square feet
Total- 5,300-square feet/each x 3 = 15,900-square feet
Clubhouse= First Floor- 2,034-square feet
Second Floor- 71-square feet
Total- 2,105-square feet
On and Off-Site Circulation: No Change.
A 135,070-square foot(approximately)paved parking lots provide parking for vehicles using this site.
Two 36-foot wide shared driveways are located on the east property line and both driveways provide
access to South Edgewood Lane. One 36-foot wide shared driveway is located at the southeast corner
of the site and provides access to East State Street.
M. BUILDING DESIGN FEATURES:No Change.
Buildings 1 -6
Roof: TPO—Everguard(Smoke Gray),Metal(Cityscape)
Walls: Stucco(Saddle Brown, Play on Gray,Ashwood, Casting Shadow, Field of Wheat), Composite
siding techwood(Peruvian Teak)
Windows/Doors: Low-E (Clerestory, pane glazing/obscure), Galvanized steel (sunscreen), Aluminum
(clear anodized),Entry/storage doors(Clear Douglas Fir)
Fascia/Trim: Stucco(Saddle Brown, Play on Gray,Ashwood, Casting Shadow,Field of Wheat)
Buildings 7-9
Roof: TPO—Everguard(Smoke Gray),Metal(Cityscape)
Walls: Stucco (Saddle Brown, Play on Gray, Ashwood, Casting Shadow, Field of Wheat), Composite
siding techwood(Peruvian Teak)
Windows/Doors: Low-E(Clerestory,pane glazing/obscure), Galvanized steel (sunscreen), Aluminum
(clear anodized),Entry/storage doors(Clear Douglas Fir)
Fascia/Trim: Stucco(Saddle Brown,Play on Gray,Ashwood, Casting Shadow,Field of Wheat)
Clubhouse
Roof: TPO—Everguard(Smoke Grey),Metal(Cityscape)
Walls: Stucco(Saddle Brown,Play on Grey,Ashwood, Casting Shadow)
Windows/Doors: Entry/storage doors (Clear Douglas Fir), Aluminum (Clear Anodized), Low-E
Double(Pane Glazing)
Fascia/Trim: Stucco(Casting Shadow,Pay on Gray)
BBQ Pavilion
Roof: TPO—Everguard(Smoke Grey)
Fascia: Metal(DE-6290 Ashwood)
Framing: Vertical Grain(Clear Douglas Fir)
Carport
Roof: Standing Seam Metal(Cityscape)
Framing: metal(DE6225 Fossil)
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N. LANDSCAPING DESIGN:No Change.
Retention of Existing Trees and Preservation Methods:
There are no existing trees,however,previously there were four(4)trees on the site that an arborist
report, date stamped by the city on July 5,2017, identified as healthy and to be retained. On April 17,
2017,demo permits were issued for existing structures on the site. Demolition of the structures was
completed by Eagle Fire Department. During the demolition,the pine tree and spruce trees were
damaged and have since been removed from the site. Below is a list of the four(4)trees identified
from the arborist report.
Tree Specie Caliper/Height Condition
Cedar 6"caliper/40' tall Protect and retain
Cedar 6"caliper/40' tall Protect and retain
Pine 24"caliper/50' tall Protect and retain
Spruce 24"caliper/50' tall Protect and retain
Tree Replacement Calculations:
The applicant is proposing to mitigate for the two(2)cedar trees but not the pine and spruce trees. See
the discussion section under staff analysis herein(page 13)for additional information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along South Edgewood Lane.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
O. TRASH ENCLOSURES:No Change.
Two(2) 144-square foot trash enclosures and three(3)216-square foot trash enclosures are proposed.
The trash enclosures are proposed to be located along the perimeter of the site. The enclosures are
proposed to be constructed of CMU walls(tan)and steel gates; all of which will match the materials
and colors used in the construction of the building.
P. MECHANICAL UNITS:No Change.
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:No Change.
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.
R. SIGNAGE:No Change.
No signs are proposed with this application. A separate design review application is required for the
approval of any signs proposed on the buildings and on the site.
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S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company water 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.
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's email dated February 1, 2022,are of special concern(attached to the staff report).
Eagle Fire Department
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;
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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 15, 2017), designates this site as the
following:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail, and service establishments. Uses should complement uses within Downtown Eagle.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3.3 The multi-family residential use shall be a permitted use on the Property. The maximum
density for the Property shall be 15.7-dwelling units per acre(131-dwelling units).No
residential units shall be located above the commercial buildings(buildings B-D)as identified
on Exhibit"C".
3.4 The following permitted and conditional uses shall be the only allowed uses located within the
Commercial area of the Property as depicted on the Concept Plan:
Permitted Uses:
Dwelling(Multi-Family)
Residential(Apartments and Multifamily)
3.5 The Owner shall submit a Design Review application for the site(as required by Eagle City
Code)and shall comply with all conditions required by the City of Eagle as a part of the Design
Review prior to issuance of a zoning certificate.
3.6 The multi-family dwellings(Exhibits D 1-6)and required parking structures(Exhibit E)
consisting of a"Prairie School"style of architecture represents the Owner's current concept for
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the project and are subject to change at the discretion of the Design Review Board.Owner shall
submit a design review application for the proposed buildings(as required by Eagle City Code)
and shall comply with all conditions required by the Design Review Board and/or City Council
prior to the issuance of a zoning certificate.
3.7 Owner shall provide a clubhouse and pool at a location as generally depicted on the Concept
Plan. The clubhouse tower shall not exceed a maximum of 35-feet in height. The clubhouse and
tower shall be subject to the Design Review Board further limiting the height or requiring
removal of the tower, if, in their determination, such a requirement will provide compatibility
with the overall project design style. The clubhouse building architecture and associated
landscaping shall be reviewed and approved by the Eagle Design Review Board prior to the
issuance of a certificate of occupancy.
3.8 Owner shall construct the clubhouse and pool with the first phase of the development.
3.9 The buffer area located adjacent to Edgewood Lane(north of the southern entrance) shall be a
minimum of 28.5-feet in width and constructed in conformance the berm height of two-feet(2')
with a three-foot(3')wall as shown on the buffer landscape plan date stamped by the city on
June 5,2017. The design review application shall be reviewed and approved by the Design
Review Board prior to issuance of a certificate of occupancy for the first multi-family
apartment building.
3.10 The buffer area located adjacent to the north property line of the development shall be a
minimum of five-feet(5') in width. Owner shall provide a landscape plan identifying the
planting details within this area for review and approval by the Design Review Board prior to
the issuance of a zoning certificate.
3.11 Owner shall construct a combination retaining wall/fence along the northern property boundary
that results in an overall height of 8-feet measured from the base of the retaining wall on the
Property and results in a height of approximately 6-feet measured from the finished grade of the
properties located to the north of the Property. Details of the retaining wall/fence shall be
submitted for review and approval by the Design Review Board prior to the issuance of a
zoning certificate.
3.12 Owner shall construct the pathways located adjacent to the parking areas on the outside
perimeter of the building layout to be a minimum of five feet(5') in width. Pathways
connecting the building entry areas,and the clubhouse,to the above referenced sidewalks shall
be a minimum of five feet(5')in width. The other pathways providing connection to the multi-
family dwellings from the five foot(5')wide pathway shall be constructed to a minimum of
four feet(4') in width.
3.13 The setbacks for the covered parking structures shall be as follows(all other setbacks shall be
in conformance with Eagle City Code Section 8-2-4):
Front(west property line)20-feet
Side(north property line) 10-feet
Side(east property line [north])0-feet
Side(east property line [south]) 5-feet
Side(south property line)2-feet
Structure separation 20-feet
Maximum coverage 50%
3.14 The maximum building height for the gabled roof associated with the staircases of buildings
#1-5 shall not exceed 37-feet,the remaining roofline shall not exceed 35-feet with the north
portion of building#1 being 26-feet(as identified on Exhibit"C").
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3.15 Building"1"(as identified on Exhibit"C")shall be setback 85-feet from the north property
line. Buildings"6-9"(as identified on Exhibit"C") shall be setback a minimum of 42-feet
from the north property line and shall not exceed two-stories(26-feet maximum).
3.20 The landscaped area located at the northeast corner of the Property shall include landscape
boulders to be reviewed and approved by the Design Review Board. The size, shape, quantity,
color, location,etc., of the boulders shall be reviewed and approved by the Design Review
Board prior to issuance of a zoning certificate.
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)(1):
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets,provide for the pedestrian,and provide appropriate, safe parking lot design.
a. The functional relationship of the structures and the site in relation to its surroundings;
b. The impact and effect of the site development plan on traffic conditions on contiguous
streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular,pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access points,
building location and total site development to prevent traffic conflict or congestion;
e. The location,arrangement and dimensions of truck loading ramps, docks, and bays and
vehicle service facilities;
f. The access,parking lot,and interior roadway illumination plans and hours of operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the project and
their relationship to adjacent streets,driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion,congestion and
conflicts;
j. The continued maintenance of traffic,parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
1. The provision of safe pedestrian and bicycle connections between neighborhoods and
commercial areas.
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D. DISCUSSION:
• On October 24,2017,the City Council approved an appeal application and design review
application for the common area landscaping,nine apartment buildings,and clubhouse for
Heron's Edge Mixed Use Community(AA-05-17/DR-33-17).No changes to the common area
landscaping,amenities, building architecture, etc. are proposed with this application. The
applicant is requesting design review approval to obtain certificate of occupancies for the
apartment buildings,clubhouse,mailbox kiosk buildings,covered parking structures,etc. located
within Heron's Edge Mixed Use Community in three phases. Pursuant to the applicant's
justification letter,date stamped by the city on January 6, 2022,each phase is to be completed
within approximately three to six months of each other. Construction fencing will be placed
around the perimeter of each phase in order to keep the resident's safe.
The phasing plan,date stamped by the City on January 6, 2022, shows the extent to where the
parking, sidewalks, and landscape improvements will be completed with each phase. The
applicant is proposing phase 1 (shown in light green)to include the buffer adjacent to North
Edgewood Lane, a portion of the buffer adjacent to the north property line,the northern access
drive into the site from North Edgewood Lane, four apartment buildings(Buildings 1, 7, 8,& 9),
the clubhouse,the mailbox structure,two trash enclosures,adjacent parking,four covered parking
structures and the common areas of this phase. Phase 2(shown in green)will include the
southern access drive into the site from East State Street,two apartment buildings(Buildings 5 &
6),a BBQ pavilion,five covered parking structures,drive aisles,adjacent parking,and the
common areas of this phase. Phase 3 (shown in dark green)will include the southern access drive
into the site from North Edgewood Lane,three apartment buildings(Buildings 2, 3, &4), BBQ
pavilion, six covered parking structure,drive aisles, adjacent parking,and common areas of this
phase.
• The approved landscape plan for the site shows a wrought iron fence located along the east
property line(northern half of the site). The City has received an application for the parcels to the
east known as Headwaters Grove Subdivision. The Park, Pathway, and Recreation Commission
recommendation for Headwaters Grove Subdivision includes a natural service pathway on the
west side of the ditch(see item"B"below).Pursuant to the Park, Pathway, and Recreation
transmittal response,there is an opportunity for a connection between Headwaters Grove
Subdivision and Heron's Edge Mixed Use Community that would provide connectivity to North
Edgewood Lane and provide access from the east to the future commercial pad sites within
Heron's Edge Mixed Use Community(see item"F"below). The applicant should provide a
public access easement within Heron's Edge Mixed Use Community and create a connection
from the site to the Headwaters Grove Subdivision pathway connection(coordinating with the
owner).The public access easement and pathway connection should be reviewed and approved
by staff and Drainage District No. 2 prior to issuance of a certificate of occupancy.
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Plan from Park, Pathway,and Recreation Recommendation
4 _ B
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• Staff defers comment regarding the phasing plan to the Design Review Board.
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 February 10,2021,
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:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed phasing plan with the addition of site specific conditions nos. 10
and 11.
• The Board is not in favor of site specific condition no. 2 to require a public access easement and
pathway connection through the site. The Board is concerned that the pathway connection was not
previously planned for,therefore, pedestrians would enter the site into the existing parking lot and not
to a designated sidewalk or pathway.
BOARD DECISION:
The Board voted 2 to 0(Mihan recused;Duperault,Germano,Lindgren, and Merrill absent)to
recommend approval of DR-33-17 MOD for a design review application for a three phase phasing plan
for the common area landscaping,nine(9)apartment buildings,and clubhouse within Heron's Edge
Mixed Use Community for 350 Edgewood Partner, LLLP,with the following staff recommended site
specific conditions of approval and standard conditions of approval with text shown with underline to be
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added by the Board and text shown with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-01-17 and DR-33-17.
one(1).
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
10. Provide a revised phasinaplan with a note that the CMU block wall along the north property line is
within phase one and shall be completed no later than May 1,2022. The revised phasing plan shall be
provided upon City Council approval of the phasing plan.
11. Provide a revised phasing plan showing the entire frontage of South Edgewood Lane (including the
stone on the wall)shown to be completed in phase one.The revised phasing plan shall be reviewed and
approved by staff upon City Council approval of the phasing plan.
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-33-17 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 and a phasing plan for the common area landscaping,nine apartment buildings,
and clubhouse are 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 phasing plan does not change the approval
of the common area landscaping,nine apartment buildings,and clubhouse;
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
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uses as anticipated within the zoning district since each phase includes the required number of
parking spaces;
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;
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—Not applicable for
a phasing plan;
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 since each phase has the
required number of parking spaces and includes sidewalks and pathways;
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; 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 24th day of February 2022.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Robert Grubb C airman t,
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