Findings - DR - 2022 - DR-19-22 - Molinari Park Subdivision - Three Apartment Buildings [Incl. 1,000-Sf Retail) And Common Area Landscaping Within Molinari Park Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THREE APARTMENT )
BUILDINGS [INCL. 1,000-SF RETAIL],AND )
COMMON AREA LANDSCAPING WITHIN )
MOLINARI PARK SUBDIVISION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-22
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 14, 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:
Silverado Management, represented by Walter Lindgren with Lindgren:Labrie Architecture, is
requesting design review approval for three(3)apartment buildings(one—85,029-SF[including 1,000-
SF retail], one — 69,844-SF, one — 77,844-SF) and common area landscaping within Molinari Park
Subdivision. The 7.16-acre site is located on the south side of East Plaza Drive approximately 1,200-
feet east of the intersection of South 2nd Street and East Plaza Drive at 401 East Cedar Ridge Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 10,2022. Supplemental information
(revised landscape plan)was received April 6, 2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 15, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 25, 2019,the Eagle City Council approved a rezone from CBD(Central Business District)to
CBD-DA-P(Central Business District with a development agreement—PUD),conditional use permit,
preliminary development plan, and preliminary plat for Molinari Park Subdivision(RZ-07-18/CU-03-
18/PPUD-02-18/PP-06-18).
On January 12, 2021, the Eagle City Council approved a design review application for the common
area landscaping within Molinari Park Subdivision(DR-18-20).
On December 8, 2020, the Eagle City Council denied a design review application for a subdivision
entry monument sign for Molinari Park Subdivision(DR-53-20).
On December 9, 2020, the Eagle City Council approved a preliminary plat extension of time for
Molinari Park Subdivision(EXT-16-20).
On February 12, 2021, the Eagle City Council approved a final development plan and final plat for
Molinari Park Subdivision No. 1, a 41-lot (34-buildable, 7-common), mixed use subdivision (FPUD-
04-20& FP-04-20).
On February 8, 2022, the Eagle City Council approved a design review application for 17 townhome
buildings(91-units)within Molinari Park Subdivision(DR-60-21).
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E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown, Scenic CBD-DA-P(Central Business Vacant land
Corridor,Public/Semi- District with a development
Public agreement—PUD)
Proposed No Change No Change Retail and multi-family
residential buildings
North of site Downtown, Scenic CBD(Central Business East Plaza Drive, Paddy
Corridor District) Row Subdivision
(residential),mobile home
parks,and a storage
facility
South of site Commercial,Mixed Use, C-3-DA(Highway Business State Highway 44 and
Scenic Corridor, District with a development Eagle River Development
Public/Semi-Public agreement)and MU-DA
(Mixed Use with a
development agreement)
East of site Downtown, Scenic CBD(Central Business Mobile home park, storage
Corridor District)and MU(Mixed facility,commercial
Use) subdivision(Merrill
Subdivision No. 2 and No.
4)
West of site Downtown, Scenic CBD(Central Business Senior living facility and
Corridor, Public/Semi- District)and CBD-DA office building(Lot 1,
Public (Central Business District Block 1,Forum
with a development Subdivision)
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located in the Community Entry Development Area(CEDA).
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
The site is currently being developed with curb, gutter, and sidewalk along East Plaza Drive and
throughout the development.The site has mature trees near the park area within the overall development
and the common area landscaping is being installed.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 7.16-acres (311,889-square feet) 500-square feet(minimum)
Percentage of Site Devoted to 19%(approximately) 20%(minimum)to 85%
Building Coverage (maximum)*
Percentage of Site Devoted to 22%(approximately) 15%(minimum)
Landscaping
Number of Parking Spaces 347-parking spaces [including 200- 412-parking spaces total
covered parking spaces] (minimum),incl. 200-
69-offsite parking spaces [including 50- covered parking spaces, 50-
gues parking spaces and 4-parking spaces guest parking spaces,and
for retail] 4-parking spaces for retail
*Note:Lot coverage required within the CEDA overlay district.
BuildinZ,A
SITE DATA PROPOSED REQUIRED
Front Setback(East/South) 470-feet/434-feet 20-feet(minimum)*
Rear Setback(West/North) 7-feet/5-feet 0-feet(minimum)
Side Setback(East) 28-feet 10-feet(minimum)*
Side Setback(South) 402-feet 10-feet(minimum)*
*Note:Setbacks required within the CEDA overlay district.
Buildi2a B
SITE DATA PROPOSED REQUIRED
Front Setback(West/North) 179-feet/303-feet 20-feet(minimum)*
Rear Setback(East/South) 315-feet/ 164-feet 0-feet(minimum)
Side Setback(West) 21-feet 10-feet(minimum)*
Side Setback(North) 238-feet 10-feet(minimum)*
*Note:Setbacks required within the CEDA overlay district.
Building C
SITE DATA PROPOSED REQUIRED
Front Setback(West/South) 413-feet/359-feet 20-feet(minimum)*
Rear Setback(North/East) 60-feet/72-feet 0-feet(minimum)
Side Setback(West) 328-feet 10-feet(minimum)*
Side Setback(South) 225-feet 10-feet(minimum)*
*Note:Setbacks required within the CEDA overlay district.
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K. PARKING ANALYSIS:
Number of Units: 200 units
Studio: 15
One bedroom: 70
Two bedroom: 96
Three bedroom: 15
Live/Work: 4 (230-square feet of commercial space per unit [located within Buildings A and C]
Retail: 1,000-square feet(located within Building A)
• Eagle City Code Section 8-4-5 requires:
Apartments or multi-family dwellings—For each unit with 2 or more bedrooms—2 including 1 covered;
for each 1 bedroom or studio unit— 1.5 including 1 covered. 0.25 spaces per unit shall be provided for
guest parking.
Studio/One Bedroom: 85-units — 127.5-parking spaces (incl. 85-covered parking spaces) plus 21.25-
guest parking spaces
Two/Three Bedroom: I I I-units —222-parking spaces (incl. I I I-covered parking spaces) plus 27.75-
guest parking spaces
Live/Work [2-bedroom1 4-units — 8-parking spaces (incl. 4-covered parking spaces) plus 1.0-guest
parking spaces
Retail- 1 parking space per 250-square feet of gross floor area
1,000-square feet/250=4-parking spaces
Total parking spaces required:412-parking spaces required[incl.200-covered parking spaces,50-guest
parking spaces,and 4-parking spaces for retail]
Proposed Onsite Parking Spaces: 347-parking spaces [incl. 200-covered parking spaces]
Proposed Offsite Parking Spaces: 69-parking spaces [incl. 50-guest parking spaces and 4-parking
spaces for retail]
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct three apartment buildings.
Height and Number of Stories of Proposed Buildings:
Building A=43'
Building B =43'
Building C=42'
Gross Floor Area of Proposed Buildings:
Building A= First Floor- 22,015-SF(including 1,000-SF retail)
Second Floor- 18,400-SF
Third Floor- 22,015-SF
Fourth Flore- 21,599-SF
Total - 84,029-SF
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Building B = First Floor- 17,550-SF
Second Floor- 17,550-SF
Third Floor- 17,550-SF
Fourth Floor- 17.194-SF
Total - 69,844-SF
Building C= First Floor- 19,300-SF
Second Floor- 19,300-SF
Third Floor- 19,300-SF
Fourth Floor- 19.944-SF
Total- 77,844-SF
On and Off-Site Circulation:
A 106,102-square foot(approximately)paved parking lot provides parking for vehicles using this site.
Two 26-foot wide private roads located west and east of the site provides access to the site from East
Plaza Drive.
M. BUILDING DESIGN FEATURES:
Building A
Roof: Single ply(White)
Walls:Brick veneer(Steel City),fiber cement board panel siding(SW7069 Iron Ore),stucco(SW6001
Grayish, SW7746 Rushing River)
Windows/Doors: Vinyl(Dark bronze)
Fascia/Trim: metal(SW7069 Iron Ore)
Building B
Roof. Single ply(White)
Walls:Brick veneer(Steel City),fiber cement board panel siding(SW7069 Iron Ore),stucco(SW6001
Grayish, SW7746 Rushing River)
Windows/Doors: Vinyl (Dark bronze)
Fascia/Trim: metal (SW7069 Iron Ore)
Building C
Roof. Single ply(White)
Walls:Brick veneer(Steel City),fiber cement board panel siding(SW7069 Iron Ore),stucco(SW6001
Grayish, SW7746 Rushing River)
Windows/Doors: Vinyl(Dark bronze)
Fascia/Trim: metal(SW7069 Iron Ore)
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 were approved with the Molinari Park Subdivision overall landscape plan
(DR-18-20).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
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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, 7.5% is proposed.
O. TRASH ENCLOSURES:
Three (1) 215-square foot trash enclosures are proposed to be located throughout the site. Trash
enclosure elevations showing the materials and colors were not received.
P. MECHANICAL UNITS:
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:
A site and parking lot light plan showing location,height,wattage,illumination type,etc.was received.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within the Suez Water Company service area 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.
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X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Central District Health
Eagle Fire Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(I)&(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 15, 2017), designates this site as the
following:
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Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public,quasi-public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential, Commercial, and Professional Office.
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. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails,and connectivity.
Public/Semi-Public
Suitable primarily for the development of such uses as golf courses,parks,recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted.
All development within this land use is encouraged to be designed to accommodate the different
needs,interests,and age levels of residents in matters concerning both recreation and civil activities.
The public/semi-public land use designation is not a residential land use designation. When a project
or development is designed that contains or is adjacent to land holding a public/semi-public land use,
this land will not be included when calculating the allowable residential density. Projects that hold a
residential designation that want to provide or dedicate amenities similar to those allowed in the
public/semi-public designation may transfer unused density from these areas to other areas within the
development, as approved by the City Council through the Planned Unit Development process as
defined in the comprehensive plan.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 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 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves,the City understands and agrees that certain changes in that concept
may occur.If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community,a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
However,the residential portion of this development proposal is recognized by Eagle and Owner
as a desired component to the development. A residential component of similar size and area to
that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
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3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(c) Parking shall only be allowed in the designated parking areas or in the garage units of the
multi-family residential units.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply.The CC&Rs are subject to all rules,regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful,then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation,law or ordinance.
3.6 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the CBD zoning designation (except as
permitted in Section 3.7,below).
3.7 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the Central Business District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use permit
application(whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the CBD (Central Business District) zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
considered permitted uses and all uses shown as "C" conditional uses under the CBD (Central
Business District) zoning designation shall require a conditional use permit, except that the
residential portions of the Property described in Section 3.3 shall not require a conditional use
permit.
The following uses which are shown as "C" conditional uses under the CBD (Central Business
District)zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations,"shall be permitted uses on the Property:
■ Apartment
■ Multi-family dwelling
■ Daycare Center
■ Microbrewery
■ Parking Lot,Parking Garage
■ Parking Lot, Parking Garage, Commercial
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property to maintain
compatibility:
■ Circuses and Carnivals;
■ Nursery, plant materials;
■ Restaurant(with drive-through)
■ Riding Academies/Stables;
3.8 The townhomes shall be constructed utilizing a style of architecture compatible with"Italianate"
as shown on Exhibit D. The multi-family dwellings shall be constructed utilizing an"Italianate"
style of 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
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of building permits for commercial/retail buildings, multi-family residential units, pool house,
pumphouse for irrigation,and gazebos.
3.10 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.11 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.
3.16 The parking ratio for the multi-family residential units shall be in conformance with Eagle City
Code Section 8-4-5. Public parking shall be permitted on the private streets.
3.19 The multi-family units located adjacent to Private Road"D"and Private Road"E"(as
identified on the preliminary plat/preliminary development plan,date stamped by the City on
October 9, 2019)shall have live/work commercial space located adjacent to the private roads.
C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
8. The required setbacks for the townhomes and apartments shall be as follows:
Front
Lots 1-15, Block 1 9-feet(+/- 11-feet to sidewalk)
Lots 17-19&21-23, Block 1 7-feet
Lots 15-18 &20-23, Block 2
Lots 26-33 & 35-43, Block 2
Lots 58-62, Block 2
Lots 64-70, Block 2
Lots 24-32, Block 1 10.5-feet(+/- 10-feet to sidewalk)
Lots 2-11, Block 2
Lots 33-35, Block 1 8-feet(+/-7.5-feet to sidewalk)
Lots 45-47, Block 2
Lots 49-56, Block 2 16.5-feet(+/-7.5-feet to sidewalk)
Rear(at access drives/alleys)
Lots 25-33, Block 1 5.5-feet(+/-6-feet to curb)
Lots 2-11, Block 2
All Other Lots 7.5-feet(+/-8-feet to curb)
Interior Side 0-feet
Exterior Side 5-feet(No additional setback for multi-story structures)
Minimum Building Separation 20-feet
Maximum Lot Coverage 85%
All remaining setbacks shall be in conformance with Eagle City Code Section 8-2A-6(E)(3).
9. The maximum building height of the structures shall be as follows:
• Multi-family—45-feet(4-stories)
• Mixed Use— 45-feet(3-stories)
12. Provide a revised preliminary plat/preliminary development plan showing the required covered
parking spaces located within the area containing the apartments. The required covered parking
spaces shall be covered with greenscape. The revised preliminary development plan/preliminary
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plat shall be provided prior to submittal of a design review application.
25. Provide a revised preliminary plat/preliminary development plan showing attached sidewalks a
minimum of 10-feet in width located adjacent to the commercial businesses within the multi-family
area (Lot 73, Block 2). The revised preliminary plat/preliminary development plan shall be
provided prior to submittal of a design review application.
D. 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: DESIGN REQUIREMENTS, OBJECTIVES AND
CONSIDERATIONS:
A. General Objectives And Considerations: The following apply to the entire Design Review
Overlay District including the DDA,TDA, CEDA,and DSDA. Additional requirements for
the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section
and,to the extent there is a conflict with this section,the requirements for the DDA, TDA,
CEDA,and DSDA shall control. The following, including the provisions set forth in the
Eagle Architecture and Site Design Book, contains a listing of objectives applied to each
application, and a listing of matters which shall be considered by the Design Review Board.
The objectives are separated into two(2)sections: site design and building design. Specific
aspects of design should be examined to determine whether the proposed development will
provide a desirable environment for its occupants as well as for its neighbors, and whether,
aesthetically,the composition, materials,textures and colors meet the intent of this article.
The design review board shall consider the following criteria in reviewing the application:
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;
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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.
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties
through the proper use of screening with sound and sight buffers,and unsightly areas
shall be concealed or screened and the design review board shall consider:
a. The location,height, and materials of walls,fences,hedges and screen plantings to
ensure harmony with adjacent development;
b. The location and type of new plantings, with due regard to preservation of specimen
and landmark trees, and to maintenance of all plantings;
c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas,trash receptacles, service areas,truck loading areas,
utility buildings and other unsightly developments;
d. The installation of sound and sight buffers,the preservation of public views, light and
air, and the consideration of those landscape aspects of design which may have
substantial effects on neighborhood development, land uses, and amenities;
e. The design and use of open spaces and parks;and
f. The permanent maintenance of all landscaped areas and fencing.
3. Site Grading And Drainage: The on site grading and drainage shall be designed so as to
maximize land use benefits and to minimize off site impact and provide for slope and soil
stabilization to prevent erosion and the design review board shall consider:
a. The existing and proposed grading relative to soil removal,fill work, retainage,soil
stabilization,erosion control on the site and the adjacent terrain and streets, and
adoption of the development to the existing site contours;
b. The planting of ground covers or shrubbery to prevent dust,to stabilize soils and
embankments and to control erosion;
c. Existing and proposed stone drainageways, canals,floodway and floodplains relative
to flow or alignment alterations, containment and endangerment of health; and
d. The maintenance of floodway, floodplains,drainageways, channels, culverts,head
gates, canals, and soils.
4. Signage: Signing for any project shall provide for business identification and minimize
clutter and confusion on and off the site,and shall be in compliance with section 8-2A-8
of this article and the current edition of the uniform sign code adopted by the city. The
design review board shall consider:
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a. The 'overall sign concept" for multi-tenant business centers to assure that it addresses
the continuity between tenant sign design and building design;
b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by
or partially attributable to the distraction and obstruction of improperly located and
designed signs;
c. The provision for effective and necessary business identification systems adapted to
the building design;
d. The continued maintenance of signs throughout their life; and
e. The size, location, design,color,texture, lighting, landscaping,and hours of
operations of all permanent signs and outdoor advertising structures or features to
ensure that any such proposals do not detract from the function of, or design of,
buildings, structures, surrounding properties,neighborhoods,or streets.
5. Utilities: Utility service systems shall not detract from building or site design. Cable,
electrical,and telephone service systems shall be installed underground, and the design
review board shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
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);
c. The location and sizes of all utility lines,manholes,poles, underground cables,gas
lines,wells, and similar installations; and
d. The continued maintenance of these service systems.
6. Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed
use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies, bays,porches, covered entries,
overhead structures, awnings, changes in building facade and roofline alignment,to
provide shadow relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and
existing area development.Use of color to provide blending of materials with the
surrounding area and building use, and the functional appropriateness of the proposed
building design as it relates to the proposed use shall be considered; and
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e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
B. Architectural Requirements,Building Materials,Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not listed
in this section it shall be upon the discretion of the zoning administrator,the design review
board,and the city council,whichever the case may be,to determine the appropriateness of
such material.
1. Exterior walls and soffits:
a. Wood: cedar(clear)and redwood(clear)-architectural/premium grade. Log siding,
wood shingle are permitted for accent only,twenty five percent(25%)maximum
wall coverage(per each facade);
Synthetic board and bat sidings are permitted as accents only.Plywood is prohibited.
b. Fiber cement;
c. Masonite: horizontal lap only,maximum six inch(6")reveal;
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
e. Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
g. Masonry: brick,natural rock/stone,synthetic stone,decorative block. Smooth face
block for accent only,ten percent(10%)maximum wall coverage(per each facade);
h. Stucco: Twenty five percent(25%)planer change required,additional accents shall be
incorporated through the use of other material(s);
i. EIFS: Permitted for accent only,ten percent(10%)maximum wall coverage(per each
facade). Additional accents required through the use of other materials;
j. Additional encouraged material: exposed beams, fabric awnings,cornices/dentils,
shutters, dormers, cupolas, columns;
k. Metal:Metal siding shall be anodized, shall have a concealed fastener system,shall
have a factory finish or equivalent, and shall include special design treatments to
enhance its appearance. These treatments may include brick or masonry wainscot
treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the
face of the building oriented toward the road.
Metal siding shall also be prohibited in the DDA, TDA, CEDA design review overlay
district areas.
It is not the intent of these metal siding requirements and prohibitions to inhibit
creative and innovative architecture. Therefore,alternative building designs that
utilize metal,not specifically meeting the requirements herein,may be permitted
where the applicant shows,and the City Council finds that the metal is:
architecturally compatible with surrounding buildings; architecturally compatible
with other nonmetal buildings in the area;attractively landscaped when feasible;and
is designed to equal or exceed the city requirement to eliminate the stark utilitarian
look intended to be prevented by this subsection.
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2. Roofs:
a. Wood shakes/shingles:premium on number 1 grade;
b. Architectural grade textured composition shingles;
c. Tile: cemetitious, clay;
d. Slate;
e. Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a
road.
£ Flat roof specification: single ply, built up(both nonreflective).
3. Fences:
a. Block(with columns),which may include brick,rock, stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the
style of fence proposed is complementary to the building architecture and overall site
design;
e. Dog ear cedar, fir, chain link,barbwire, razor wire,and similar high maintenance
and/or unsightly fencing is prohibited. However,powder coated chain link fencing
may be permitted for use on school sites.
4. Decks and patios:
a. Concrete(stamped finish and smooth finish);
b. Brick pavers;
c. Wood-polymer composite lumber;
d. Wood(pressure treated,redwood).
5. Colors:
a. Earthen tones are encouraged.
b. Flat or low gloss finishes are encouraged.
c. Roof mounted mechanicals, all vents protruding through the roof, and similar features
shall be painted so as to match the color of the roof.
d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior
colors of the building.
6. Architectural appurtenance and building height restrictions:
a. All buildings, spires, poles,antennas, steeples,towers,and any other such structures
shall be limited to a maximum height of forty feet(40')within the DDA and TDA and
thirty five feet(35')in all other locations. Additional height may be permitted if a
conditional use permit is approved by the city council.
7. Enclosed trash and recycle receptacle areas:All commercial and multi-family
developments shall provide for trash and recycle services and shall include an enclosed
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area for the storage of trash and recycle receptacles.The area shall be screened in
accordance with section-'_IA-?J of this article.A waiver of this section may be approved
for small businesses that utilize ninety six(96)gallon or smaller trash and recycle
receptacles provided the containers are stored indoors or are otherwise screened from
view with the use of a screen wall and landscaping.
E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD book.
1. Purpose:To provide a sense of entry into the city and transition development into the central
business district in support of the comprehensive plan.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of thirty five feet(35').
b. Orientation: Shall be designed so that at least seventy percent(70%) of the building's
ground level, street facing facades are constructed to abut and be oriented to a public
sidewalk or plaza.
c. Accessibility: Shall be visually and physically accessible to the pedestrian at the
sidewalk or plaza level.
d. Detailing: Architectural detailing shall be an important consideration for design
approval. Attention to detail in architectural elements shall include, but is not limited
to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior
lighting, ledges,eaves, colors and materials.
e. Other: Such other nonconflicting architectural detailing, materials and colors as set
forth in this article.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set
forth below conflict with section 8-2-4 of this chapter, the setback requirements below
shall control.
a. Front building setbacks from the property line shall be twenty feet(20')minimum.
b. Side building setbacks shall be ten feet(10')minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city encourages
joint efforts between adjoining property owners. Suggested amenities include: public
art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters,
outdoor dining,plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%)and a maximum of eighty five percent(85%)in which case off site parking shall
be provided for.
4. Parking:
a. Continuous front parking areas (off street) along State Street and Eagle Road not
permitted.
b. Limited direct access to parking areas from State Street or Eagle Road is allowed.
c. Shared drive access points to parking shall be used wherever possible.
d. On street parking is prohibited on Eagle Road.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape
requirements contained in section 8-2A-7 of this article. Other streetscape and design
elements shall comply with the requirements contained within subsection G of this section.
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6. Planning Considerations: In reviewing an application pursuant to this article, the design
review board shall give consideration to the following to determine compatibility with this
article:
a. Entry Statement: Six(6)points of entry have been identified for consideration and are
shown on exhibit A-1 within the EASD book. However,the final location of the entry
statements may be redefined as development in the city progresses or if a more
specifically defined location is adopted as a part of the city comprehensive plan.
The following entry statement concepts for signage are encouraged: a permanent
monument sign, simple in design, identifying Eagle. A license agreement may be
required by the highway district having jurisdiction if the entry statement is proposed
to be placed within a public street right of way.Any construction within a public right
of way would require approval of the agency having jurisdiction.
• Eagle City Code Section 8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS:
A. Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to,all subdivisions. The landscape plan shall be
drawn to scale(no smaller than 1 inch equals 30 feet)and shall indicate the following:
1. Boundaries,property lines,and dimensions.
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name,quantity,and spacing and
size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth berms,walls,
fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas.
7. Planting and installation details as necessary to ensure conformance with all required
standards.
B. Landscape As Percent Of Site:
1. Landscaping shall cover a minimum of fifteen percent(15%)of the property on multi-
family residential developments.Hardscape plaza areas, such as decorative
concrete/paver patios that are integrated into the design of the landscaped area,may be
included in the fifteen percent(15%)landscape coverage requirement.
2. Landscaping shall cover a minimum of ten percent(10%)of the property on all other
developments.Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area,may be included in the ten percent
(10%)landscape coverage requirement.
3. All landscape improvements required in this section shall count toward fulfillment of the
above minimum percentages.
4. If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a
minimum of twenty five feet(25') (on site)beyond the proposed development.
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D. Prohibited Materials And Landscaping:
1. No required landscape areas shall include artificial trees,plants, or any carpeting designed
as a vegetative substitute.
2. Clear vision triangle shall be observed in regard to all vegetation.All shade trees planted
within vision triangles and adjacent to any street shall be pruned to a minimum seven feet
(T) above the adjacent sidewalk and fourteen feet(14')above the adjacent roadway
surface. Shrubs and ground covers planted within the vision triangle shall not exceed
three feet(3')height at maturity. The boundaries of the vision triangle are defined by
measuring from the intersection of the edges of two(2) adjacent roadways forty feet(40')
along each roadway and connecting the two(2)points with a straight line. The sight
distance obstruction is also applicable to railroad-highway grade crossings with the vision
triangle defined by measuring forty feet(40')along the railroad property line. In all cases,
ITD and ACHD standards shall apply also.
3. When the city determines that a sight obstruction exists, it shall notify the owner of the
property upon which the obstruction is located and order that the obstruction be removed
within fifteen(15)days. The failure of the owner to remove the obstruction shall be
punishable as an infraction as provided in section 1 of this code.
E. Installation And Minimum Standards:
1. Trees shall be planted in accordance with the city of Eagle tree planting specifications
included as an exhibit within the EASD book.Accepted nursery standards and practices
shall be followed in the planting and maintenance of landscaped areas.
2. Soil and slope stabilization must result after landscape installation.
3. Root barriers shall be installed for all new trees planted adjacent to existing or proposed
public or private sidewalks and paving.
4. The minimum acceptable size for deciduous trees shall be two inch(2")caliper, balled
and burlapped.
5. The minimum acceptable size for evergreen trees shall be six feet(6)to seven feet(T)
balled and burlapped.
6. Plant material selection shall be taken from subsection Q of this section.
7. All landscaped areas adjacent to vehicular areas are to be protected with an approved
curbing material.
8. a. Certification Of Completion: Upon the completion of the landscape installation, or
other improvement subject to design review approval, a written certification of
completion shall be prepared by the licensed landscape architect responsible for the
landscape plan. The certification of completion shall state that the installation of all
landscape improvements is in substantial compliance with the city approved landscape
plan. This certification shall be submitted prior to the issuance of a certificate of
occupancy and is required as a part of, and not in lieu of,the inspections performed and
certificates issued by the city.
b. Report Of Deficiencies: In the event that deficiencies are present after the landscape
installation, or other improvements subject to design review approval,the licensed
landscape architect shall prepare and file with the city a report noting the deficiencies
in the improvements. The city will not accept a certification of completion, or issue a
certificate of occupancy, until the licensed landscape architect has verified that the
deficiencies have been corrected.
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c. Landscape Architect Designee: The licensed landscape architect may,at his or her
discretion, appoint an authorized designee to certify the project provided that the
designee is a licensed landscape architect.
F. Tree Species Mix:
1. When more than ten(10)trees are to be planted to meet the requirements of these
guidelines, a mix of species shall be provided. The number of species to be planted shall
vary according to the overall number of trees required to be planted. Species shall be
planted in proportion to the required mix. See the table below:
Required Number Of Trees Minimum Number Of Species
11 -20 2
21 -30 3
31 -40 4
41 plus 5
J. Buffer Areas/Common Lots:
1. Definition:A transition zone or buffer area consists of horizontal space(land)and vertical
elements(plants,berms,fences, or walls). The purpose of such buffer space is to
physically separate and visually screen adjacent land uses which are not fully compatible
due to differing facilities, activities, or different intensities of use, such as townhouses
and a convenience store, or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot(10')wide by
six foot(6)high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot(5') wide by six foot(6')
high landscaped buffer is required.
c. To conceal outdoor storage areas,trash receptacles,exposed equipment associated
with any commercial or industrial activity, and off street loading when adjacent to or
in view from a residential activity or public street right of way,a five foot(5')wide
by six foot(6)high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of,but not limited to,a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials
comprise a minimum of sixty percent(60%)of the total plant material used.
b. Height requirements shall be accomplished with plant material,with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three(3)years and
be maintained such that sixty percent(60%)or more of the vertical surface is closed
and prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for
screening.
4. Major Roadways:New residential developments, including,but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways,to protect residential communities from
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noisy, potentially dangerous, high speed roads. The"buffer area" shall be defined as a
common lot located between the residential lots within the subdivision and the right of
way line of the adjacent roadway. This buffer is required as part of the common area
open space owned and maintained by a homeowners'association.Any landscaping
proposed to be within the public right of way shall not be included as a part of the buffer
area required below. The height for berming/fencing, as noted below, shall be measured
from the elevation of the final grade of the adjacent roadway(measured at the centerline)
to the top of the proposed berming/fencing. The required buffer area width,plantings, and
fencing are as follows:
a. Any road designated as a collector on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way)shall
be provided with the following plants per one hundred(100)linear feet of right of
way: four(4)shade trees, five(5) evergreen trees, and twenty four(24)shrubs.Each
required shade tree may be substituted with two(2) flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high,berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any bean shall be three feet(3')horizontal distance to one foot(1')vertical distance.
If a decorative block wall,cultured stone, decorative rock,or similarly designed
concrete wall is to be provided in combination with the berm,a four foot(T)wide
flat area shall be provided for the placement of the decorative wall. Chainlink,cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
b. Any road designated as a minor arterial on the master street map typologies map in
the Eagle comprehensive plan:
A minimum of fifty feet(50')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100)linear feet of right of way:
five(5) shade trees,eight(8)evergreen trees,three(3)flowering/ornamental trees,
and twenty four(24)shrubs.Each required shade tree may be substituted with two
(2)flowering/ornamental trees,provided that not more than fifty percent(50%)of the
shade trees are substituted.
A minimum five foot(T)high, maximum eight foot(8')high,berm,decorative block
wall,cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance.
If a decorative block wall,cultured stone, decorative rock,or similarly designed
concrete wall is to be provided, in combination with the berm, a four foot(4')wide
flat area shall be provided for the placement of the decorative wall. Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
c. Any road designated as a principal arterial on the master street map typologies map in
the Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way)
shall be provided with the following plants per one hundred(100)linear feet of right
of way: six(6) shade trees,ten(10)evergreen trees, four(4)flowering/ornamental
trees, and twenty four(24)shrubs. Each required shade tree may be substituted with
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two(2) flowering/ornamental trees,provided that not more than fifty percent(50%)
of the shade trees are substituted.
A minimum ten foot(10')high,maximum twelve foot(12')high, berm, decorative
block wall, cultured stone,decorative rock, or similarly designed concrete wall,or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet(3')horizontal distance to one foot(F)vertical distance.
If a decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall is to be provided, in combination with the berm, a four foot(T)wide
flat area shall be provided for the placement of the decorative wall. Chainlink,cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
5. Common Area Landscapes:New residential subdivision common area landscapes shall be
comprised of the following:
a. Lawn,either seed or sod.
b. A minimum of one deciduous shade tree per one thousand(1,000)square feet.
6. Design Considerations For Residential Developments:
a. For design flexibility, half of the required shade trees may be substituted on a two to
one(2:1)basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and
attractive views. Open fences, decorative walls, and berms may be used.Height
changes, offset angles, different materials,and other design techniques are required
so as to create variety.
K. Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Fences,hedges, berms, and landscaping may be used
to screen parking areas(chainlink fencing shall not be permitted). In the design of large
parking areas, arrange bays of parking spaces to be separated by landscaping. When
parking lots occur on sloping terrain,step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip:A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings,which creates a pleasing,harmonious appearance along
the roadway.
Four(4)options are provided for fulfilling this requirement:
a. Provide a ten foot(10')wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten(10)shrubs per thirty
five(35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30")minimum height(do not exceed 3:1
slope)within a ten foot(10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and five(5)shrubs per thirty
five(35) linear feet of frontage, excluding driveway openings.
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c. Provide a six foot(6')landscaped strip with a minimum thirty inch(30")grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree
and five(5)shrubs per thirty five(35)linear feet of frontage, excluding driveway
openings.
d. Provide a three foot(3')high fence of wood,brick, stone, or decorative block or
concrete along with a four foot(4')wide landscaped strip between the right of way
and the parking lot, and plant a minimum of one shade tree and five(5)shrubs per
thirty five(35)linear feet of frontage,excluding driveway openings.
(1) The board may waive the requirement for a wood,brick, stone, decorative block
or concrete fence if the board finds the following:
(A) The applicant must design,document, and obtain city approval representing
that the overall planting design, at the time of planting, results in an
effective barrier such that the landscape strip shields the view of parked cars
from passing pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site
design of the entire project and is compatible with the surrounding area.
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking
areas and prevent two(2)adjacent lots from becoming one large expanse of paving.This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot(5')wide perimeter landscaped strip between the
property lines and the parking lot, and plant with a minimum of one shade tree and
five(5)shrubs per thirty five(35) linear feet of perimeter.
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking
lot with ten(10)spaces and above. The required amount of landscaping is based on a
sliding scale,as follows:
Total Number Percent Of Total Area Of A Lot That
Of Spaces Must Be An Interior Landscaped
Area
10-20 5 percent
21 - 50 8 percent
51+ 10 percent El
b. Additional Requirements:
(1) No interior planter shall be less than five feet(5')in any dimension.
(2) No parking space shall be more than sixty feet(60')from an interior landscaped
area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended as
primary plantings in interior landscaped areas. Deciduous shade trees are to be
clear branched to a height of six feet(6).
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(5) A terminal island for a single row of parking spaces shall be landscaped with at
least one tree and shrubs, ground cover, or grass.A terminal island for a double
row of parking spaces shall contain not less than two(2)trees and shrubs,ground
cover, or grass.
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.
M. Parkway Strips, Separated Sidewalks,And Street Trees:
1.Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets.An eight foot(8')wide minimum
parkway planter strip planted with shade class(class II)trees shall be required between the
sidewalk and street to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the approved
tree list in subsection Q of this section shall be located on both sides of all streets within
the eight foot(8')wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the
distance between trees to be a minimum of thirty five feet(35')and a maximum of eighty
feet(80')of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property.
• Eagle City Code Section 8-4-4-6: Bicycle Parking:
One bicycle parking space within an approved rack shall be required for each thirty(30) required
automobile parking spaces or fraction thereof for office and commercial developments. Multi-
family residential developments shall provide one bicycle rack space per each ten (10) units.
Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the
parking facility criteria of the "Bicycle-Pedestrian Design Manual For Ada County" as prepared
for the Ada County highway district with the exception that bicycle racks do not have to be covered
unless required by the design review board, or planning and zoning commission or city council.
(Ord. 309, 1-27-1998)
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• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
RES DENTiAL
A_pirtmerits_7r mulitl-fan ilk" d*.xedings For each Unl',,.!vi'h 2 or r iore fiedr rms-2 inch] 1irig a
covered:for each ,t bedrofam or saidk)unit- 1.
inclt;dir)g 1 covered, f.25 spices per unir.shall be
prc',+Icei f>,r JUest parking. Gara;:ies shall n rye Lised
for hcuseh^i::; stllrage and shall be kept a%,!aiiable for
parkin cg
E. DISCUSSION:
• On February 26, 2019, the Eagle City Council approved a rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat applications for
Molinari Park Subdivision(RZ-07-18/CU-03-18/PPUD02-18/PP-06-18).On January 12,2021,the
Eagle City Council approved a design review application for the common area landscaping within
Molinari Park Subdivision(DR-18-20).
The applicant is requesting design review approval for three apartment buildings and the common
area associated with the buildings. Development agreement condition 3.2 states that"...if the City
determines that any such changes [to the concept plan] require additional public comment due to
potential impacts on surrounding property or the community,a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City."
Staff informed the applicant that the proposed new design and layout would require a development
agreement modification. The applicant has submitted a design review application and has not
submitted a development agreement modification application.
The plans submitted with the design review application, date stamped by the City on March 10,
2022, are not in compliance with the development agreement concept plan, preliminary
development plan/preliminary plat conditions, and overall common area landscaping approvals
based on the following:
• Building location and orientation are approved as three "U" shaped buildings (to limit
building mass and expansive building fronts)as shown on"Exhibit C"within the recorded
Molinari Park development agreement.The building locations shown on the site plan,date
stamped by the City on March 10,2022,show three long"L"shaped buildings[DA Cond.
3.3]
• The approved concept plan shows the location of greenscape up against the buildings and
across the park lot drive aisles to create "tuck under" parking. The applicant's proposal
includes 21 regular carports [SSC No. 12]
• The approved concept plan shows the location of private road "C" located east to west
between the landscape buffer/pathway and the building developments. The site plan, date
stamped by the City on March 10, 2022, shows private road "C" located east to west
between parking spaces within the multi-family development area. [DA Cond. 3.3]
• The approved concept plan and overall common area landscape plan show the drive aisle
locations into the multi-family development adjacent to private roads "D"and"E"in one
location and the site plan, date stamped by the City on March 10, 2022, shows the drive
aisles into the multi-family site in a different location. [DA Cond. 3.3/DR-18-20]
• SSC No. 25 requires the sidewalks adjacent to the commercial areas within the multi-
family development to be 10-feet wide. The sidewalk adjacent to the live/work units along
private road"D"are 5-feet wide. [SSC No.25]
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In addition,based on staff s review of the submitted plans,the following items do not comply with
Eagle City Code:
• Number of required parking spaces for the apartments
■ 15-offsite parking spaces cannot be counted toward the minimum required parking
for the apartments.
■ Parking shown on the east side of Private Road"D" will be reduced based on the
entrances to the commercial area.
• Number of bicycle racks associated with the apartments
■ Required—20, Proposed-0
• Interior landscape planter width
■ Minimum of 5-feet required. Minimum of 2-feet, 6-inches shown.
• Interior landscape percentage
■ Minimum 10%required. Minimum 7.5%shown.
• Terminal island at the end of parking spaces.
• Materials and colors for the car ports not received.
• Trash enclosure elevations not received.
• Trash enclosure buffer width/height of plantings
■ Minimum of 5-feet wide required.Minimum 2-feet,6-inches shown.
■ Minimum of 6-feet tall plantings required.Minimum of 3-feet tall plantings shown.
• Private Roads "C" includes parking spaces on the north and south sides and Private Road
"D"includes parking spaces on the west side. Both road now include parking that requires
cars to back out into the street.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,staff does not recommend approval of the requested
design review application because it does not comply with the development agreement, preliminary
development plan and preliminary plat approvals associated with RZ-07-18/CU-03-18/PPUD-02-18/PP-
06-18,common area landscaping associated with DR-18-20,and Eagle City Code Title 8,Section 2,Article
A, Design Review Overlay District and Section 4, Off Street Parking and Loading.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 14, 2022,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.
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION:
Upon completion of staffs presentation,the Board determined that:
• Based on the information provided to date, the design review application does not comply with the
development agreement,preliminary development plan/preliminary plat approvals associated with RZ-
07-18/CU-03-18/PPUD-02-18/PP-06-18, common area landscaping associated with DR-18-20, and
Eagle City Code Title 8,Section 2,Article A,Design Review Overlay District and Section 4,Off Street
Parking and Loading.
BOARD DECISION:
The Board voted 3 to 0(Lindgren and Mihan recused,Duperault and Grubb absent)to recommend denial
of DR-19-22 for a design review application for three apartment buildings [incl. 1,000-SF retail], and
common area landscaping within Molinari Park for Silverado Management. See items 1 and 2 under
conclusions of law for explanation of the decision.
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CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of the proposed design review application
(DR-19-22)with regard to the conditions identified in the Development Agreement and has concluded
the following:
Condition 3.3 states,
"3.3—The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the
project.As the Concept Plan evolves,the City understand and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held on
any proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
However,the residential portion of this development proposal is recognized by Eagle and Owner as a
desired component to the development.A residential component of similar size and area to the
depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained."
Regarding condition 3.3,the Board concluded that:
• The building locations and orientation shown on the site plan, date stamped by the City on
March 10,2022, have substantially changed from the building locations and orientation
shown on the Concept(Exhibit C)Plan within the approved Molinari Park development
agreement.
• The location of Private Road"C"shown on the site plan, date stamped by the City on March
10, 2022, has substantially changed from the location of Private Road"C"shown on the
Concept Plan(Exhibit C)within the approved Molinari Park development agreement.
• The drive aisle locations into the multi-family development adjacent to Private Roads"D"
and"E,"shown on the site plan, date stamped by the City on March 10,2022,have
substantially changed from the drive aisle locations shown on the Concept Plan(Exhibit C)
within the Molinari Park development agreement and is not consistent with the drive aisle
locations shown on the approved common area landscape plan associated with application
DR-18-20.
2. The Board reviewed the particular facts and circumstances of the proposed design review application
(DR-19-22) with regard to the conditions identified in the conditional use permit, preliminary
development plan, and preliminary plat and has concluded the following:
Site Specific Condition of Approval No. 12 states,
"12. Provide a revised preliminary plat/preliminary development plan showing the required covered
parking spaces located within the area containing the apartments. The required covered parking
spaces shall be covered with greenscape. The revised preliminary development plan/preliminary plat
shall be provided prior to submittal of a design review application."
Site Specific Condition of Approval No. 25 states,
"25. Provide a revised preliminary plat/preliminary development plan showing attached sidewalks a
minimum of 10-feet in width located adjacent to the commercial businesses within the multi-family
area(Lot 73,Block 2). The revised preliminary plat/preliminary development plan shall be provided
prior to submittal of a design review application."
Regarding Site Specific Condition of Approval No. 12,the Board concluded that:
• The design and location of the proposed 21-carports shown on the site plan, date stamped by
the City on March 10,2022, does not satisfy site specific condition of approval#12 and has
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substantially changed from the Concept Plan(Exhibit C)within the Molinari Park
development agreement. The greenscape parking structures are required to be fully
integrated into the design of the residential structures(located adjacent to and under the
buildings).
Regarding Site Specific Condition of Approval No. 25,the Board concluded that:
• The width of the sidewalk shown in front of the live/work units along Private Road"D" is
shown as 5-feet wide; it is required to be 10-feet wide.
3. The Zoning Administrator determined that the plans submitted with the design review application
have changed and are different from the Concept Plan identified in condition 3.3 within the
development agreement which states, in part:
"The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves,the City understand and agrees that certain changes in that concept may
occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City."
The Zoning Administrator determined that the proposed changes will require a public hearing(to
modify the development agreement and Concept Plan)so that the City Council may accept public
comment on the changes to evaluate potential impacts on surrounding property and the community.
The Design Review Board supports this determination.
DATED this 28"day of April 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Ro V
Grubb, C iairman
ATTEST: ••.',zI-
i Off '
Tracy E. orn,Eagle City `x q-
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STN •�'
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