Findings - DR - 2017 - DR-58-15 MOD - Modify The Common Area LandscapingBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY THE )
COMMON AREA LANDSCAPING, 18 )
APARTMENT BUILDINGS, AND CLUBHOUSE )
WITHIN EAGLE LAKES SUBDIVISION FOR )
TPC BROOKLYN PARK INVESTORS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -58-15 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on December 8, 2016. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
TPC Brooklyn Park Investors, LLC, represented by John Rennison with Rennison Engineering, is
requesting design review approval to modify the common area landscaping, location of eighteen (18)
apartment buildings, and clubhouse within Eagle Lakes Subdivision (eight —15,700 -SF, two — 31,044 -
SF, five — 28,073, three — 11,237 -SF, and clubhouse — 6,485 -SF). The 75 -acre site is located on the
south side of State Highway 44, approximately 1,129 -feet west of the intersection of State Highway 55
and State Highway 44 at 2401 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 3, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 4, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lake
Subdivision (RZ-10-15 and PP -07-15).
On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes
Subdivision (DR -58-15).
On January 14, 2016, the Eagle Design Review Board approved a design review sign application for a
subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15).
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is currently undeveloped.
I. SITE DATE:
SITE DATA
COMP PLAN
ZONING
LAND USE
75 -acres (3,267,000 -SF)
DESIGNATION
DESIGNATION
5% (approximately)
Existing
Mixed Use, Floodway,
MU -DA (Mixed Use with
Vacant parcel
Number of Parking Spaces
and Scenic Corridor
Development Agreement)
Front Setback
Proposed
No Change
No Change
Mixed use development
20 -feet (minimum)
Side Setback
20 -feet (east)*
including commercial, retail,
Side Setback
25 -feet (west)*
7.5 -feet (minimum)
single-family, multi -family
residential.
North of site
Business Park
BP (Business Park) and
State Highway 44, mobile home
MU (Mixed Use)
park, and office building
South of site
Floodway and Eagle
RP (Rural Preservation —
Boise River and vacant parcel
Island Special Use Area
Ada County designation)
East of site
Mixed Use, Floodway,
MU (Mixed Use)
Concrete business (Idaho
and Scenic Corridor
Concrete Company)
West of site
Mixed Use, Floodway,
MU -DA (Mixed Use)
Tennis Club Plaza and
and Scenic Corridor
Renorvare Subdivisions
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is currently undeveloped.
I. SITE DATE:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
75 -acres (3,267,000 -SF)
0.11 -acres (5,000 -SF)
Percentage of Site Devoted
to Building Coverage
5% (approximately)
50% (maximum)
Percentage of Site Devoted
to Landscaping
50% (approximately)
18% (minimum in MU with
residential uses)
Number of Parking Spaces
470 -total parking spaces
134 -enclosed garage parking spaces
116-coverd parking spaces
220 -parking spaces
463 -total parking spaces**
250 -covered parking
Front Setback
35 -feet (north)*
20 -feet (minimum)
Rear Setback
320 -feet (south)*
20 -feet (minimum)
Side Setback
20 -feet (east)*
12 -feet (minimum)
Side Setback
25 -feet (west)*
7.5 -feet (minimum)
*Note: Setbacks measured from the property line to the closest building.
**Note: Based on 1.85 -parking spaces/unit for phase 1 and 1.80 -parking spaces/unit for phase 2.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct nineteen (19) buildings; 18 -residential apartments and 1 -
clubhouse.
Height and Number of Stories of Proposed Buildings:
The apartment buildings will not exceed forty-one feet (4P) in height and the clubhouse is proposed to
be twenty-two and nine and one half inches (22' 91/2") in height.
Gross Floor Area of Proposed Buildings:
Building Type 1 = First Floor - 5,038 -SF
Second Floor - 5,331 -SF
Third Floor - 5,331 -SF
Total - 15,700-SF/ea x 8 = 125,600 -SF
Building Type 2 = First Floor - 9,958 -SF
Second Floor - 10,543 -SF
Third Floor - 10,543 -SF
Total - 31,044-SF/ea x 2 = 62,088 -SF
Building Type 3 = First Floor - 8,983 -SF
Second Floor - 9,545 -SF
Third Floor - 9,545 -SF
Total - 28,073-SF/ea x 5 = 140,365 -SF
Building Type 5 = First Floor - 3,627 -SF
Second Floor - 3,805 -SF
Third Floor - 3,805 -SF
Total - 11,237-SF/ea x 3 = 33,711 -SF
Clubhouse = First Floor - 4,489 -SF
Second Floor - 1,996 -SF
Total - 6,485 -SF
On and Off -Site Circulation:
A 167,460 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
Two 50 -foot wide driveways are proposed to be located on the north side of this site approximately
110 -feet and 630 -feet west of the east property line providing access to East Riverside Drive.
K. BUILDING DESIGN FEATURES:
Roof: Composite shingle (Pabco "Pewter Gray")
Walls: Fiber Cement Hardi Panel with Batt and Board Accents/Lap siding/Board and Batten Siding
(Sherwin Williams - 136cor White, Porpoise, Zeus, Down Home, Weathered Shingle), Ledgestone
(Eucalyptus)
Windows/Doors: Vinyl and Fiberglass (White)
Fascia/Trim: Fiber Cement (Snowbound)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
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Street Trees: Street trees are proposed to be located along all public and private roads within this
development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the entire parking area of the apartments.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
Five (5), 228 -square foot trash enclosures are proposed to be located throughout the development.
The enclosures are proposed to be constructed of split face CMU walls. The gates are proposed to be
metal and painted to complement the colors used on the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be located within wells in the roof area and completely screen from view by the roof.
No ground mounted mechanical units are proposed and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — See Environmental Assessment Plan
Evidence of Erosion — None identified to date
Fish Habitat — Yes — Boise River and ponds located on-site
Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP-01-15)
Mature Trees — Yes — Located adjacent to the existing residence and within the floodway area
Riparian Vegetation — Yes — located adjacent to the Boise River
Steep Slopes — None identified to date
Stream/Creek Yes — Boise River
Unique Animal Life — None identified to date
Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River and existing ponds
Unstable Soils — None identified to date
Wildlife Habitat — Yes — Located adjacent to the Boise River
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Eagle Fire Department
Idaho Transportation
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable density
of up to 20 units per 1 acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek (Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the floodway
areas shall not be considered as a part of the minimum area of open space required (as required
within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall
be excluded from being used for calculating permitted residential densities. Any portion of the
floodway developed as a substantially improved wildlife habitat area open to the public, or useable
public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved
by the City Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation
show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
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Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.3 The total number of residential units on the Property shall not exceed 321 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design
Review process and future conditional use permits for the residential development will not be
required.
3.7 The proposed building height of the multi -family structures shall not exceed 41 -feet in height as
shown on the submitted building elevations.
3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements
set forth in this Development Agreement. Specific design elements shall be clarified during the
platting and design review application processes. However, the streetscape as shown on the
concept plan (center landscape islands, street trees, pool, poolhouse, and, children's play areas)
shall be required design elements as part of the final design for the site.
3.12 The single-family dwellings shall be constructed utilizing "Craftsman" style architecture as
shown on Exhibit D. The multi -family dwellings shall be constructed utilizing "Craftsman" style
architecture as shown on Exhibit E. Commercial/retail buildings, multi -family residential
buildings, and pool house shall be required to meet the design review requirements as set forth
in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board
approval of the detailed architectural plans for the development is required prior to the issuance
of building permits for commercial/retail buildings, multi -family residential units, pool house,
pumphouse for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the "Dark Sky" concept of lighting.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and
all common areas throughout the development, 3) landscape screening details and buffering for
the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation
pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, fire pits, and/or similar amenities, 7) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be reviewed
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and approved by the Eagle Design Review Board prior to the submittal of a final plat application.
3.18 Provide a revised preliminary plat showing public pedestrian and bicycle access to the paved
regional pathway along the Boise River. The public pedestrian and bicycle access shall be
reviewed and approved by the Eagle Parks and Pathway Development Commission prior to
submittal of a Design Review application. The revised preliminary plat shall be submitted prior
to submittal of a Design Review application.
3.19 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property
located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase
No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Commission prior to submittal of
a design review application. The asphalt pathway shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
(2). The instrument number of the recorded easement or easements shall be referenced on the
face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than
any pathways approved by Eagle, development within the Floodway and the open space area
between the development and the Boise River shall be prohibited.
3.20 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located
adjacent to State Highway 44. The public sidewalk shall be constructed concurrently with Phase
No. 1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Commission prior to submittal of
a design review application. The public sidewalk shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
(2). The instrument number of the recorded easement or easements shall be referenced on the
face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located.
3.21 Owner shall provide a parking analysis for the multi -family units and the commercial buildings
at the time of submittal of a design review application.
3.22 The parking ratio for the multi -family residential units shall be 1.85 spaces/unit for the northern
development area and 1.80 spaces/unit for the southern development area (as shown on Exhibit
E) unless the Design Review Board determines that additional parking is needed at the time of
approval of a design review application.
C. PRELIMINARY PLAT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8 -2A -6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable,
electrical, and telephone service systems shall be installed underground.
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• Eagle City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
• Eagle City Code Section 8-4-4-2(A) Site and Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from
the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
4. When historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is to be exposed as a design element of the light fixture (as identified in the EASD
book) are approved, shielding shall only be required so the light is not directly visible by a person
of average height standing on the property line of any residentially zoned parcel of land or parcel
of land used for residential purposes. The light used shall be 3000K maximum LED (or approved
equivalent) and the light fixture shall be provided with optics to direct light downward.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250)
watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved
equivalent) shall be the only type of site and building lighting permitted.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply with
current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting,
including streetlights located within the right of way, required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
E. DISCUSSION:
• On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes
Subdivision (DR -58-15). The applicant is requesting design review approval to modify the number
of apartment buildings by reducing the total number to eighteen (18), reconfigure the location of
several of the apartment buildings and the clubhouse location, modify the common areas, remove
the satellite garages and replace with covered carports, and to modify the elevations of the three (3)
buildings located along East Riverside Drive.
• Pursuant to the applicant's justification letter, date stamped by the city on November 3, 2016, after
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the site was determined to have additional areas of fill and unstable soils, the areas where buildings
were once proposed could no longer be located there due to the instability of the soils. By removing
the satellite garages and replacing them with covered carports and reconfiguring the building types
and clubhouse locations, the site has been reconfigured to accommodate the same number of units
in the northern portion of the multi -family portion of the development that had previously extended
into the southern "pan handle" area of the site along the east property line.
The architectural style, materials, and colors originally approved by the Design Review Board still
remain relevant with this application with the exception of the three (3) buildings adjacent to East
Riverside Drive. Pursuant to the applicant's justification letter, based on the applicant's source of
funding, the patios once proposed on the north building elevations have been modified to Juliet
Balconies on these three (3) buildings. The removal of the outdoor patio areas on these northern
units allowed the applicant to increase the square footage of these units.
Based on the above mentioned proposed modifications to the site, other changes were made in
order to still provide the amenities, circulation, buffer requirements, etc. of the site. The applicant's
justification letter is very detailed in the changes made throughout the multi -family area.
• Pursuant to the development agreement, the required number of parking spaces, including covered,
are still being met on the site. As noted above, the applicant removed the satellite garages originally
proposed throughout the site and replaced those with covered carports. Staff defers comment
regarding the design of the carports to the Design Review Board.
• On January 14, 2016, the Eagle Design Review Board approved an electrical plan that showed
decorative light fixtures to be located on the building and throughout the site within the parking lot,
within common areas, and along the pathways. The electrical sheets, date stamped by the city on
November 3, 2016, show the proposed parking lot and building lighting. The proposed building
light fixtures are no longer the decorative fixtures that complemented the architectural style of the
buildings. The proposed light fixtures are shown to be LED, which are now permitted within Eagle
City Code; however, they may not exceed 3000K. Staff defers comment regarding the decorative
light fixtures that were originally approved and the fixtures the applicant is proposing within this
modification to the Design Review Board.
The applicant should be required to provide detailed cut sheets showing all building and parking
lot lighting to have a maximum Kelvin of 3000. The detailed cut sheets should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on December 8, 2016,
at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Baer recused) to approve DR -58-15 MOD for a design review application to
modify the common area landscaping, 18 apartment buildings, and clubhouse within Eagle Lakes
Subdivision for TPC Brooklyn Park Investors, LLC, with the following staff recommended site specific
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conditions of approval and standard conditions of approval with text shown with underline to be added by
the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions within the development agreement for rezone application RZ-
10-15.
2. Comply with all applicable conditions of the floodplain development permit FPDP-01-15.
3. Comply with all applicable conditions of DR-58-15.
4. The streetscape along East Riverside Drive and State Highway 44 shall be installed pursuant to the
approved landscape plan, date stamped by the City on March 28, 2016, within DR-58-15 and prior to
the issuance of a certificate of occupancy.
5. Provide detailed cut sheets showing all building and parking lot lighting to have a maximum Kelvin of
3000. The detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
6. Upon completion of the construction of this development and prior to certificate of occupancy for any
structures, an as built shall be provided showing the required pathways in relation to the required
easements.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No ground mounted mechanical units are proposed with this application and none are approved.
12. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
14. No signs are proposed with this application. A separate design review application is required for any
signage.
15. Provide a revised landscape plan showing one additional class three type tree added to the landscape
pallet. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
16. Provide detailed cut sheets showing the building and common area lighting to match the craftsman
style fixtures originally reviewed and approved with DR-58-15. The detailed cut sheets shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
17. The carports shown on Sheet A1.7, date stamped by the City on November 3 2016 are ap rp oved
18. The applicant may choose to construct the three (3) buildings adjacent to East Riverside Drive with
Juliet Balconies or with full size balconies. The revised elevation plans showing Juliet Balconies or
full size balconies shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
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.
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9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
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
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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 fust.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the City Council approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -58-15 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
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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 an office building is permitted with the approval of a design review
application within the MU (Mixed Use) 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 building is designed to complement the general
vicinity and provide aesthetically pleasing architecture to enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking as set forth
in the development agreement and the drive aisles have been design in conformance with Eagle
City Code 8-4-5;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed apartment buildings and clubhouse have been designed with quality materials and similar
features utilized on other buildings within the area and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
buildings have been designed with quality materials and similar features utilized on other buildings
within the city and is in conformance with the Eagle Site and Architecture Design manual;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed buildings are in conformance with the required setbacks and
height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the applicant has
complied with the pathway requirements of the Eagle Parks and Pathway Development Committee
with regard to pedestrian circulation and the parking lot has been design with connectivity to the
adjacent sites;
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 since the
site has been designed with interconnecting pathways throughout the site; and
I. Will have signs, if proposed, that are harmonious with the architectural design of the building and
adjacent buildings, and will not cover or detract from desirable architectural features since the
signage is designed in conformance with Eagle City Code.
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DATED this 12`h day of January 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idpho
4 k -l -L-- I I -
Robert Grfibb, Chairman
ATTEST:
I 1 Ur
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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