Findings - DR - 2017 - DR-82-16 Eagle River Senior Living - Eagle River Senior Living FacilityBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT A
SENIOR LIVING FACILITY FOR RIVERSIDE
SENIOR DEVELOPMENT COMPANY, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -82-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 26, 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:
Riverside Senior Development Company, LLC, represented by Tamara Thompson with The Land
Group, Inc., is requesting design review approval to construct a 146 -unit, 147,612 -square foot senior
living facility. The 6 -acre site is located southeast of Merrill Park and adjacent to the southern boundary
of Merrill Park approximately 250 -feet east of the intersection of East Shore Drive and East Riverside
Drive within the Eagle River Development.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 21, 2016. Supplemental
information was received by the City of Eagle on January 26, 2017
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 29, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 11, 2006, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit])
for a multi -family condominium/townhouse housing development (Terrazza Condominiums at Eagle
River) for Brownstone Capitol, Inc. (A-01-06/RZ-01-06).
On November 21, 2006, the City Council approved the common area, residential condominiums, and
clubhouse for Terrazza Condominiums at Eagle River development for John Malletta (DR -95-06).
On November 21, 2016, the City Council approved monument signage for Terrazza Condominiums at
Eagle River for John Malletta (DR -96-06).
On August 29, 2013, the development agreement [in lieu if a conditional use permit] associated with
RZ-01-06 expired.
On January 10, 2017, the City Council approved a rezone from MU (Mixed Use) to MU -DA (Mixed
Use with a development agreement) for a 146 -unit senior living facility (RZ-11-16).
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 undeveloped.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
EaAsting
Mixed Use and
MU -DA (Mixed Use with
Vacant land
Floodway
Development Agreement,
expired)
Proposed
No Change
No Change
Senior Living Facility
North of site
Mixed Use
MU -DA (Mixed Use with
Reid W. Merrill Senior
Development Agreement)
Community Park
South of site
Floodway
PS (Public Semipublic)
Boise River
East of site
Mixed Use
MU -DA (Mixed Use with
Multi -family Residential
Development Agreement)
(The Lofts at Eagle River)
West of site
Mixed Use
MU -DA (Mixed Use with
Reid W. Merrill Senior
Development Agreement)
Community Park
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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I. SITE DATA:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
6 -acres (261,360 -SF)
5,000 -square feet (minimum)
Percentage of Site Devoted
to Building Coverage
23% (approximately)
50% (maximum)
Percentage of Site Devoted
to Landscaping
46% (approximately)
10% (minimum)
Number of Parking Spaces
121 -parking spaces
66 -parking spaces (minimum)*
Front Setback
52 -feet (North)
20 -feet (minimum)
Rear Setback
83 -feet (South)
20 -feet (minimum)
Side Setback
73 -feet (East)
7.5 -feet (minimum)
Side Setback
82 -feet (West)
7.5 -feet (minimum)
*Note: Parking calculations for nursing/convalescent homes (1 -parking space per 3 beds).
J. PARKING ANALYSIS:
Gross Floor Area of Proposed Senior Living Facility: 147,522 -square feet
• Eagle City Code Section 8-4-5 requires 1 parking space per 3 beds for nursing/convalescent homes:
Nursing/Convalescent Homes — 1/3 beds 196/3 square feet = 66 parking spaces
Number of Units/Beds: 146 units, 196 beds
Proposed Onsite Parking Spaces: 121
Required Parking Spaces: 66 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Nursing/convalescent homes")
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) senior living facility, six (6) covered parking structures,
and one (1) maintenance building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing a forty-three foot (43') high, three-story senior living facility. The covered
parking structures are proposed to be twelve feet (12') in height and the maintenance building is
proposed to be thirteen feet, five inches (13' 5") in height.
Gross Floor Area of Proposed Buildings:
Senior Liviniz Facility
First Floor = 59,236 -square feet
Second Floor = 44,265 -square feet
Third Floor = 44,021 -square feet
Total = 147,522 -square feet
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Maintenance Building = 428 -square feet
Covered parking structures = 6,273 -square feet (all six structures)
On and Off -Site Circulation:
A 36,779 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 26 -foot wide drive aisle around the perimeter of the facility provides access throughout the site.
Ingress/egress to the site is provided by one shared drive aisle located north of the property line, is
owned by the City of Eagle, and has an easement for access to the site from East Riverside Drive.
L. BUILDING DESIGN FEATURES:
Roof: Asphalt shingle (dark gray), Hardie Shingles (Cobblestone)
Walls: Hardie Lap Siding (light mist, night gray), Eldorado & Roughcut stone (Moonlight)
Windows/Doors: Vinyl (White)
Fascia/Trim: Hardie trim (Arctic White)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Existing trees within the wetlands area are to
be retained. The landscape plan, date stamped by the city on December 21, 2016, shows four (4) existing
deciduous trees being removed from the site. The applicant's justification letter, date stamped by the
city on December 21, 2016, states that the four (4) existing trees to be removed are cottonwood trees.
Tree Replacement Calculations: Replacement of the four (4) cottonwood trees may be exempt if
removal is first approved by the city.
Eagle City Code Section 8 -2A -7(C)(1): Retention of Existing Trees: 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.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along East Riverside Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 12% is proposed.
N. TRASH ENCLOSURES:
One (1) 280 -square foot trash enclosure and one (1) 393 -square foot compactor are proposed to be
located near the southwest corner of the site adjacent to the wetland area. The trash and compactor
enclosures are proposed to be constructed of CMU walls with Hardie cladding; all of which will
match the materials and colors used in the construction of the building.
O. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be located inside the roof well and screened from view. No ground mounted
mechanical units are proposed and none are approved.
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P. 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.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
R. 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.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain — Yes — 1% -chance floodplain/Zone AE, Floodway/Zone FW located adjacent to the
Boise River
Mature Trees — Yes — Southwest portion of the site
Riparian Vegetation — Yes — Located adjacent to the Boise River
Steep Slopes — Yes — Existing levee located adjacent to the Boise
Stream/Creek — Yes — Boise River located adjacent to southern property line
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat — Yes, Boise River, wetlands
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health
Corp of Engineers
Eagle Fire Department
Tesoro Logistics NW Pipeline
X. 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:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
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• The site is designated as Mixed Use on the Comprehensive Plan Land Use Map.
6.3.10 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.
6.3.19 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
shown 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.
6.3.20 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.
9.5.1 Pathways and Greenbelt Goal:
A. To create a pathway system that provides interconnectivity of schools, neighborhoods, public
buildings, businesses, and parks and special sites.
9.5.2 Objectives
E. Require all development to provide developed pathways for connection to Eagle's public
pathway system and/or adjoining development's public pathway system.
J. Identify connections between trail sections and existing and future parks and open spaces.
K. Provide adequate parking and public facilities along greenbelts and pathway systems.
L. Link existing isolated pathway segments (e.g., North Channel Center and by-pass path).
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
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
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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 senior living facility shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture and Site
Design Book (EASD Book). Architecture styles and building design elements that are not shown
with the EASD Book will not be permitted.
3.4 The applicant shall submit a Design Review application for the site (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the Design
Review prior to issuance of a zoning certificate.
3.5 The proposed building height shall not exceed 43 -feet in height. All mechanical units associated
with the facility shall be roof mounted.
3.6 Development 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 Concept Plan (Exhibit B) shows the locations for all buildings within the development. The
Setbacks shall be as follows:
Front (North Property Line): 20 feet
Sides (East and West Property Line): 7.5 feet
Rear (South Property Line): 20 feet
3.9 All parking associated with the senior living facility shall only be allowed in the designated parking
areas located onsite.
3.11 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate governmental agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development
and improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands. In the event development is proposed within the regulated wetlands, Owner shall
provide documentation of an approved 404 -Permit for any work within any wetlands on site prior
to the City issuing a zoning certificate for the property.
3.12 Owner shall provide a common area plaza as generally depicted on the Concept Plan. The intent
of the plaza is to become the focal point of the development with an adequate area for gathering,
walking paths, benches, seat walls, and lighting to create a sense of place and identity for the core
area of the development. The landscaping may include shrubs, flowers, water features, etc., and
shall be reviewed and approved by the Eagle Design Review Board prior to the issuance of a
zoning certificate.
3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design Review application. The plans shall show how the
lights will facilitate the "Dark Sky" concept of lighting.
3.14 The Property is designed to allow for access connecting this Property to East Riverside Drive
utilizing an existing perpetual access easement which crosses City -owned property near the east
end of Reid Merrill Community Park and East River Drive. The easement area shall be improved
with an access drive, sidewalk on the east side of the easement area, landscape island, and
overflow parking for Reid Merrill Community Park as shown on Exhibit C (attached hereto) prior
to the issuance of an occupancy permit. Maintenance of the improvements within the easement
area shall be conducted by Owner. The Owner may petition the City for a shared maintenance
agreement which addresses maintenance of the overflow parking area. Any maintenance
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agreement shall be approved by the City Council. A revised site plan showing the improvements
required herein shall be provided prior to execution of the development agreement.
3.15 Upon completion of the improvements required herein, Owner shall replace the fence located
west of the access easement area prior to the issuance of an occupancy permit. The style of the
fence shall be reviewed and approved by the Design Review Board prior to installation.
3.16 Owner shall provide a maintenance access for the City of Eagle (for maintenance of the greenbelt
pathway), from Riverside Drive to the paved greenbelt pathway along the Boise River as required
in the Eagle Comprehensive Plan. The configuration of the access through the Property shall be
reviewed and approved by the Eagle Parks and Pathway Development Committee, the Design
Review Board, and City Council prior to the issuance of a zoning certificate.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code 8-2A-7(J)(2)(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 (T) wide by six foot (6) high
landscaped buffer is required.
D. DISCUSSION:
The applicant is requesting design review approval to construct a senior living facility within the
Eagle River Development. The applicant's justification letter, date stamped by the city on
December 22, 2016, states the design of the building is Craftsman Style which is one of the nine
architectural styles within the Eagle Architectural and Design book. The justification letter also
states "some elements are borrowed directly from the Bungalow style including stone columns
with a slight taper, horizontal siding, shingle siding in the gables, and eave brackets within the
gable that extend slightly past the overhang." Staff defers comment regarding building design and
colors to the Design Review Board.
• Sheet C2.00, date stamped by the city on December 21, 2016, shows 4 -foot wide and 5 -foot wide
internal pathways within the development. The applicant should be required to provide a revised
landscape plan showing all internal pathways a minimum of 5 -feet in width. The revised
landscape plan should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• Sheet E1.00, date stamped by the city on December 21, 2016, includes a detailed cut sheet of the
parking lot and cover parking structure lighting. It is unclear if there is additional building
lighting or lighting within the common plaza area. The applicant should be required to provide
detailed cut sheets of all building and site lighting. The detailed cut sheets of all building and site
lighting should be reviewed and approved by staff prior to the issuance of a zoning certificate.
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Sheet L1.00, date stamped by the city on December 21, 2016, shows amenities and structures
including: a fire pit and seating area, water feature/fountain, and trellis. Detailed elevations of the
amenities were not received. The applicant should be required to provide detailed elevations of
the fire pit and seating area, water feature/fountain, and trellis showing the style, materials,
colors, etc. The detailed elevations should be reviewed and approved by staff prior to the issuance
of a zoning certificate.
• Sheet L1.00, date stamped by the city on December 21, 2016, shows a 3 -foot wide landscape
buffer on the north side of the maintenance building. The applicant should be required to provide
a revised landscape plan showing the landscape buffer on the north side of the maintenance
building to be a minimum of 5 -feet wide. The revised landscape plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
• Sheet L1.50, date stamped by the city on December 21, 2016, shows an elevation of the existing
wood fence posts adjacent to Merrill Park, but does not include an elevation of what the fence
will look like upon completion. The applicant should be required to provide a detailed elevation
of the wood fence to be located between Merrill Park and the west side of the access easement.
The detailed elevation should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
Sheet C2.00, date stamped by the city on December 21, 2016, indicates the parking area will contain
46 -uncovered visitor parking spaces, 36 -uncovered resident parking spaces, and 39 -covered
resident parking spaces for a total of 121 -parking spaces (0.82-spaces/unit). Pursuant to Eagle City
Code Section 8-4-5, Schedule of Parking Requirements, nursing/convalescent homes are required
to have 1 space for each 3 beds. The facility is proposed to have 196 -beds, therefore, 66 -parking
spaces (.042-spaces/unit) are required. The applicant provided a Request for Limited Parking
Analysis with their rezone application, date stamped by the city on October 6, 2016, which includes
the following: 1) Breakdown of existing parking ratios at similar Treasure Valley communities, 2)
Breakdown of Wolff projects with parking ratio and covered stall counts, and 3) Two full parking
demand studies developed for similarly located and programmed communities in Kirkland,
Washington, and Oxnard, California. The estimated peak parking demand for senior adult housing
as identified by the 4th edition of the Institute of Transportation Engineers (ITE) Manual, parking
demand rates indicates an average demand of 0.59 spaces per unit. Based on the provided studies
and the ITE manual, the proposed number of parking spaces exceeds the parking demand by 13 -
parking spaces.
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 26, 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 4 to 0 (Grubb, Koci, and Schafer absent) to approve DR -82-16 for a design review
application to construct a senior living facility for Riverside Senior Development Company, LLC, 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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-11-16.
2. Provide a revised landscape plan showing all internal pathways to be a minimum of 5 -feet wide. The
revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
3. Provide detailed cut sheets of all building and site lighting. The detail cut sheets of all building and
site lighting shall be reviewed and approved by staff to the issuance of a zoning certificate.
4. Provide detailed elevations of the fire pit and seating area, water feature/fountain, and trellis showing
the style, materials, colors, etc. The detailed elevations shall be reviewed and approved by staff prior
to the issuance of a zoning certificate.
5. Provide a revised landscape plan showing the landscape buffer on the north side of the maintenance
building to be a minimum of 5 -feet wide. The revised landscape plan shall be reviewed and approved
by staff prior to the issuance of a zoning certificate.
6. Provide a detailed elevation of the wood fence to be located between Merrill Park and the west side of
the access easement. The detailed elevation shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
7. As shown on Sheets C2.00 and L1.00, dated stamped by the city on December 21, 2016, construct the
parking and landscape improvements within the City of Eagle perpetual access easement (required by
Development Agreement condition 3.14) prior to the issuance of a certificate of occupancy for any
buildings on the site.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
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 and none are approved.
15. Provide revised elevation plans of the trash enclosure and maintenance building showing additional
architectural features to break up the long horizontal siding The revised elevation plans 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 revised building elevation plans showing the addition of stone on the trash shoot vent
screening on the east and west elevations to emulate a chimney. The revised east and west building
elevation plans shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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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.
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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
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.
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CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -82-16) 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 an office building is permitted with the approval of a design review
application within the MU -DA (Mixed Use with a development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the 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 exceeds the required parking for a
nursing/convalescent home 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 building has been designed with quality materials and similar style utilized on other
buildings within the development 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
building has been designed with quality materials and similar style utilized on other buildings
within the development and is in conformance with the Eagle Architectural and Design Book;
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 permitted within the development agreement;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site features
walking paths throughout and connections to the neighboring park and greenbelt;
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. 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 shall not detract from desirable
architectural features.
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DATED this 9th day of February 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
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Robert Grubb, Chairman
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Sharon K. Bergmann, Eagle City Clerk
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