Findings - DR - 2017 - DR-78-16 - Common Area Landscaping, Pool, And Pool House In Lakemoor #7BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING, POOL, AND POOL )
HOUSE WITHIN LAKEMOOR SUBDIVISION )
NO.7 FOR C AND O DEVELOPMENT INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -78-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 12, 2017. 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:
C and O Development Inc., represented by Rodney Evans with Breckon Land Design, Inc., is requesting
design review approval of the common area landscaping, pool, and 404 -square foot pool house within
Lakemoor Subdivision No. 7. The 12.29 -acre site is located on the north side of East Chinden
Boulevard approximately 2,300 -feet east of Eagle Road at 3900 East Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 7, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 9, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since
lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement)
for this site for B.W. Eagle, Inc.
On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 -
acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05).
On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and
Lakemoor Subdivision No. 2 for DMB Investments, Inc. (FP-13-05/FP-14-05).
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
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KAPlanning Dept\Eagle ApplicationADA20161DR-78-16 Lakemoor No. 7 LS drf docx
development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for
DMB Investments, LLC (FP -04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2011 (EXT -21-09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for
Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT -08-11).
On February 26, 2013, the City Council approved a development agreement modification to convert
two (2) commercial areas (Areas F and G) to single-family residential, address the setbacks within
Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the development agreement, and
allow for an assisted living facility as a permitted use within Area E (RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a preliminary plat modification for a 330 -lot (231
buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot)
residential subdivision for DMB Investments, LLC (PP -03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB
Investments, LLC (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB
Investments, LLC (FP -07-13).
On April 14, 2015, the City Engineer recommended approval of the Eagles Gates Drive Extension.
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB
Investments, LLC (FP -08-15).
On February 23, 2016, the City Council approved a modification to the development agreement for
William Shultz (RZ-05-02 MOD3).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for
Hawkins Companies, LLC (FP -02-16).
On August 9, 2016, the City Council approved a rezone with development agreement, development
agreement modification, (development agreement in lieu of a PUD), and a preliminary plat
modification for a 409 -lot (existing platted 223 residential, 14 commercial, and 21 common [7 private
road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street
lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP -03-
05 MOD2).
On September 13, 2016, the City Council denied a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
On September 27, 2016, Hawkins Companies requested the City Council reconsider their decision to
deny the development agreement modification (development agreement in lieu of a PUD). The City
Council directed staff to provide public notice for a reconsideration public hearing regarding the
development agreement modification (development agreement in lieu of a PUD) to occur on October
25, 2016 (RZ-05-02 MODS).
On October 25, 2016, the City Council approved a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
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: There is an existing residential dwelling located on the
property adjacent to Chinden Boulevard. There are numerous trees located in proximity to the dwelling
unit and Chinden Boulevard. The residential dwelling unit is to be demolished and many of the trees
are proposed to be removed in order to construct the access road to the development.
I. SITE DATE:
Total Acreage of Site - 12.29
Total Number of Lots - 57
Residential - 45
Commercial - 0
Industrial - 0
Common - 10
Future development - 2
Total Number of Units -
Single-family - 45
Duplex - 0
Multi -family - 0
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as pool house.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately fifteen foot (15') high single -story structure.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with a
Planned Unit Development
development agreement in lieu of a
(PUD) consisting of
PUD)
Office, Commercial, and
Residential (Lakemoor
Subdivision)
Proposed
No Change
No Change
No Change
North of site
Mixed Use
MU -DA (Mixed Use with a
Lakemoor Subdivision No.
development agreement in lieu of a
4
PUD)
South of site
Not in Eagle Area of
R -3D (Boise City Designation)
Residential Apartment
Impact
Complex
East of site
Mixed Use
R-1 (Residential)
Single-family residences
West of site
Mixed Use
R-1 (Residential)
Single-family residences
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing residential dwelling located on the
property adjacent to Chinden Boulevard. There are numerous trees located in proximity to the dwelling
unit and Chinden Boulevard. The residential dwelling unit is to be demolished and many of the trees
are proposed to be removed in order to construct the access road to the development.
I. SITE DATE:
Total Acreage of Site - 12.29
Total Number of Lots - 57
Residential - 45
Commercial - 0
Industrial - 0
Common - 10
Future development - 2
Total Number of Units -
Single-family - 45
Duplex - 0
Multi -family - 0
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as pool house.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately fifteen foot (15') high single -story structure.
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Gross Floor Area of Proposed Buildings:
The proposed automotive body shop is approximately 404 -square feet.
On and Off -Site Circulation:
A 4,030 -square foot (approximately) paved parking lot provides parking for vehicles using the pool
and pool house. One 24 -foot wide driveway is located on the northern end of the parking lot providing
access to South Whitepost Lane.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt composition architectural shingle (charcoal)
Walls: Stucco (tan), Cedar siding (stained natural), Masonry (sandstone)
Windows/Doors: Vinyl windows (dark brown)
Fascia/Trim: Cedar (dark brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are existing trees located adjacent to Chinden Boulevard and around the existing residential
dwelling unit. The residential dwelling unit is to be demolished and several of the trees are to be
removed in order to construct the access road to the development. Several trees are to be retained along
the eastern boundary of the development that are located southeast of the proposed roundabout
proposed 120 -linear feet north of Chinden Boulevard. A 30 -inch caliper Silver Maple tree is proposed
to be retained and located within the center of the roundabout located at the entrance to the development
from Chinden Boulevard.
Tree Replacement Calculations:
The applicant is removing eight (8) trees that are located in the area around the residential dwelling unit
and the area adjacent to Chinden Boulevard. Pursuant to the applicants tree mitigation notes, date
stamped by the City on January 6, 2017, only three (3) of the eight (8) trees being removed have any
value. The other five (5) trees based on their poorly structured canopies, overcrowding, overhead power
lines, etc. have no value. The caliper of the three (3) trees with a value that are proposed to be removed
total 30 -inches. The caliper of the seven (7) trees that are to be retained total 102 -inches. Based on
this information, the applicant believes no mitigation is required.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed throughout the 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 perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 5% is proposed.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The mechanical units associated with the pool and pool house are to be located within the poll house
building. No ground mounted mechanical units are proposed with the pool house and none are
approved.
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O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on the site.
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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation — yes — adjacent to Kids Creek
Steep Slopes - yes
Stream/Creek - yes
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report and
incorporated herein. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Drainage District No. 4
Eagle Fire Department
Idaho Transportation Department
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:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
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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.
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. 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 -8(C) Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more 1 x caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar, cottonwood,
willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched,
suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt
from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three
(3) 4 -inch caliper trees or four (4) 3 -inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree
or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection
C1 of this section.
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3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6), or to the drip line, whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-8(J)(4)(c)
c. Any road designated as a principal arterial on the transportation and pathway network plan 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 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 (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.
• Eagle City Code Section 8-2A-8(0) Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifications to existing regulations within this section. Requests
for use of alternative landscaping schemes are justified only when one or more of the following
conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. The request shall state which
requirement as set forth within this section is to be modified, what project conditions stated
within subsection O1 of this section justify using the proposed alternative, and how the proposed
alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which
warrants the need for the tree fund alternate method of compliance shall be specified in the
application submitted under subsection 02 of this section. If the application is approved, the
amount to be contributed by the applicant will be based upon the total caliper inches of deciduous
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tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site.
Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to review and
consider the value determination, and following said review, to reapply for other alternative
methods of compliance, without prejudice, in accordance with subsection 02 of this section.
C. DISCUSSION:
The applicant is requesting design review approval to construct the common area landscaping,
pool, and pool house within Lakemoor Subdivision No. 7, a 12.29 -acre development with 57 -lots
(45 -buildable, 8 -common, 2 -future developments, 1 -private street, and 1 -utility) residential
subdivision. A 404 -square foot pool house, a pool, and tot lot are proposed to be located the
southeast corner of South Cliffbrook Lane and South Whitepost Lane. The architectural style of
the pool house is Prairie School as described within the EASD Book. The building design will
complement the residential architecture of the development.
There are fifteen (15) existing trees located adjacent to Chinden Boulevard and around the
existing residential dwelling unit. The residential dwelling unit is to be demolished and eight (8)
of the trees are to be removed in order to construct the access road to the development. Six (6)
trees are to be retained along the eastern boundary of the development and one (1) 30 -inch caliper
Silver Maple tree is proposed to be retained and located within the center of the roundabout
located at the entrance to the development from Chinden Boulevard.
Pursuant to the applicants tree mitigation notes, date stamped by the City on January 6, 2017,
only three (3) of the eight (8) trees being removed have any value. The other five (5) trees based
on their poorly structured canopies, overcrowding, overhead power lines, etc. have no value. The
caliper of the three (3) trees with a value that are proposed to be removed total 30 -inches. The
caliper of the seven (7) trees that are to be retained total 102 -inches. Based on the retention of
these existing trees and that the landscape plan has a minimum of 22 -inches of tree caliper
proposed in addition to that which is required within Eagle City Code, the applicant believes no
mitigation is required.
Pursuant to Eagle City Code, based on the total caliper inches of trees being removed from this
site which is 80 -inches of tree caliper, the applicant would be required to replace 97.5 -inches of
caliper on site. Based on the applicants tree mitigation notes, date stamped by the City on
January 6, 2017, where they indicate only three (3) of the trees having a value, the applicant
would be required to replace 37.5 -inches of tree caliper on site. Staff defers comment regarding
the required caliper inches of tree needing to be replaced on this site to the Design Review Board.
Species
Existing
Tree
Required
Replacement
Health of Tree
Based on LA
White Pine
12"
12"
No Value
Austrian Pine
10"
15"
No Value
Pine
10"
15"
No Value
Spruce
18"
18"
No Value
Cherry
8"
12"
Has Value
White Pine
15"
15"
Has Value
Austrian Pine
7"
10.5"
Has Value
Total Per ECC
80"
97.5"
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Total Based on Health 30" 37.5"
• Pursuant to Eagle City Code, 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. 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.
Sheet L1.3, date stamped by the City on December 7, 2016, doesn't show a ten foot (10') high to
maximum twelve foot (12') high berm or the required plantings within the required seventy five
foot (75') wide buffer area. The applicant has submitted a Design Review Alternative Method of
Compliance Request form requesting approval of their landscape plan as submitted due to the
limited frontage along Chinden Boulevard, the distance to the closest residential lot, and the
significant topography change on the site.
The applicant has one hundred thirty-five (135) linear feet of frontage adjacent to Chinden
Boulevard which has about eighty (80) linear feet of area where a berm could be constructed.
Additionally, there is approximately two hundred seventy (270) linear feet between Chinden
Boulevard and the closest residential lot which also has a significant change in topography. It is
the applicant's opinion that a quality berm with plantings cannot be constructed within eighty
(80) linear feet of area and with two hundred seventy (270) linear feet of distance between
Chinden Boulevard and the change in topography there is adequate buffering provided. Staff
defers comment regarding the required landscape buffer along Chinden Boulevard to the Design
Review Board.
• Sheet 1-1.4, date stamped by the City on December 7, 2016, shows a tot lot to be located southeast
of the pool and pool house. The applicant should be required to provide detailed cut sheets of the
proposed playground equipment and benches to be located southeast of the pool and pool house
area. The detailed cut sheets should be reviewed and approved by staff and one member of the
Design Review Board 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 January 12, 2017,
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 absent) to approve DR -78-16 for a design review application to construct
the common area landscaping, pool, and pool house within Lakemoor Subdivision No. 7 for C and O
Development Inc., with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-05-02 MOD4
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and RZ-03-16.
2. Provide detailed cut sheets of the proposed playground equipment and benches to be located
southeast of the pool and pool house area. The detailed cut sheets shall be reviewed and approved by
staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
3. Provide detailed cut sheets showing the style of wrought iron fence to be installed around the
perimeter of the pool area. The detailed cut sheets shall be reviewed and approved by staff prior to
the issuance of a zoning certificate.
4. Provide a detailed cut sheet of the bike rack to be located at the south end of the parking lot of the
pool house. The detailed cut sheet shall be reviewed and approved by staff prior to the issuance of a
zoning certificate.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
8. No signs are proposed with this application and none are approved.
9. Provide a revised landscape plan showing the additional tree calipers proposed on-site that are in
addition to the tree caliper required within Eagle City Code The revised landscape plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate
10. Provide revised elevation plans showing the detailed finishes to be used in the construction of the
pool house which shall include manufacture colors with numbers and product information and type
The revised elevation plans shall be reviewed and approved by staff and two (2) members of the
Design Review Board prior to the issuance of a zoning certificate
11. The landscape plan, date stamped by the City on December 7 2016 showing no berm adjacent to
Chinden Boulevard is approved.
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.
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KAPlanning Dept Eagle ApplicationADA20161DR-78-16 Lakemoor No. 7 IS drf.docx
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.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
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
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lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
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
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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 -78-16) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a pool house and pool are permitted within the approval of a design review
application within the MU -DA (Mixed Use with development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the 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 includes twelve (12) parking spaces and
a bicycle rack;
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 building has been designed with quality materials and similar features utilized on other
buildings within the development and will enhance the character of the area;
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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
building has been designed with quality materials and similar features utilized on other buildings
within the development 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 building is 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 the 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 residential center in the area; and
I. No signs are proposed. However, any proposed signs will be required to be harmonious with the
architectural design of the building and adjacent buildings, and will not cover or detract from
desirable architectural features.
DATED this 26' day of January 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
b; Chairman
ATTEST: •••.•`'�pGLE •
Co
jam
Sharon. Bergmann, Eagle City Ctrk
Regulatory Taking Notice: Applicant has t' pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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