Findings - DR - 2017 - DR-39-17 - Common Area Landscaping Within Lonesome Dove Subdivision No 2BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN LONESOME
DOVE SUBDIVISION NO. 2 FOR ZACH
EVANS CONSTRUCTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -39-17
The above -entitled design review application came before the Eagle Design Review Board for their action
on September 14, 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:
Zach Evans Construction, represented by Robert Powell, is requesting design review approval for the
common area landscaping within Lonesome Dove Subdivision No. 2. The 4.36 -acre site is located at
the southeast and southwest corners of East Riverside Drive and South Lone Brook Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 10, 2017. Supplemental information
was received August 30, 2017 (revised existing tree plan) and August 31, 2017 (storm drainage swale
detail).
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 14, 2017, 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 with development agreement
for this site (A-12-05/RZ-19-05).
On September 26, 2006, the City Council approved the final conditions to be placed within a
development agreement (RZ-19-05).
On January 23, 2007, the City Council approved the preliminary plat for Lonesome Dove Subdivision
(PP -18-06).
On March 27, 2007, the City Council approved the common area landscaping for Lonesome Dove
Subdivision (DR -01-07).
On August 14, 2007, the City Council approved a development agreement modification to increase the
commercial building footprint size and provide a single tenant retail and restaurant maximum size (RZ-
19-05 MOD).
On August 14, 2007, the City Council approved two multi -tenant retail/restaurant/office buildings
within Lonesome Dove Subdivision (DR -30-07).
On December 18, 2007, the City Council approved the final plat for Lonesome Dove Subdivision
(FP -10-07).
Page 1 of 15
K:\Planning Dept\Eagle Applications\DA2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
On June 24, 2008, the City Council approved a design review application for a modification to two
multi -tenant retail/restaurant/office buildings within Lonesome Dove Subdivision (DR -30-07 MOD).
On August 7, 2008, City staff approved a design review for modification to the architectural design of
the clubhouse within Lonesome Dove Subdivision (DR -01-07 MOD).
On October 28, 2008, the City Council approved a development agreement modification to revise the
residential setbacks, increase the maximum height of a commercial building, and allow for a temporary
sales office (RZ-19-05 MOD1).
On November 18, 2008, the City Council approved the preliminary plat for Lonesome Dove II
Subdivision (PP -03-08).
On January 12, 2010, the City Council approved a one (1) year extension of time for the preliminary
plat for Lonesome Dove Subdivision II for Lonesome Dove, LLC. The extension of time is valid until
December 23, 2010 (EXT -27-09).
On March 8, 2011, the City Council approved a one (1) year extension of time for the preliminary plat
for Lonesome Dove Subdivision II for Taunton Properties LLC. The extension of time is valid until
December 23, 2011 (EXT -14-10).
On May 27, 2014, the City Council approved a vacation of public utility easements located adjacent to
the interior lot lines common to Lot 2-7, Block 6, and Lots 16-21, Block 7, of the final plat of Lonesome
Dove Subdivision for Taunton Properties, LLC (VAC -04-14).
On September 4, 2014, a Lot Line Adjustment Record of Survey associated with the lot lines common
to Lot 2-7, Block 6, and Lots 16-21, Block 7, of Lonesome Dove Subdivision for Taunton Properties,
LLC (LLA -02-14).
On February 14, 2017, the City Council approved a rezone from MU (Mixed Use) to MU -DA (Mixed
Use with a development agreement [in lieu of a PUD]) and preliminary plat approvals for Lonesome
Dove Subdivision No. 2 (RZ-07-16 & PP -05-16).
E. COMPANION APPLICATIONS: None
Page 2 of 15
K:'Planning Dept\Eagle Applications \Dr12017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Mixed Use
No Change
North of site Mixed Use
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
Single-family (attached)
residential subdivision
No Change No Change
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
ACHD Park and Ride,
State Highway 44, Eagle
River Development
South of site Mixed Use MU -DA (Mixed Use with a Lonesome Dove
development agreement [in Subdivision
lieu of a PUD])
East of site Mixed Use MU -DA (Mixed Use with a Lonesome Dove
development agreement [in Subdivision
lieu of a PUD])
West of site Mixed Use
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
Vacant Parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has been developed with sidewalks and street trees along East Riverside Drive, South Lone
Brook Way, and East Lone Creek Drive.
I. SITE DATA:
Total Acreage of Site — 4.36 -acres
Total Number of Lots — 75
Residential — 68
Commercial — 0
Industrial — 0
Common — 7
Total Number of Units - 68
Single-family — 68
Townhouse — 0
Multi -family — 0
J. GENERAL Sl1'E DESIGN FEATURES:
Number and Uses of Proposed Buildings: One (1) pergola and one (1) mailbox cluster.
Height and Number of Stories of Proposed Buildings: 10' 3", single -story pergola, 10' mailbox cluster
Gross Floor Area of Proposed Buildings: 147 -square feet (pergola), 45 -square feet (mailbox cluster)
On and Off -Site Circulation: N/A
Page 3 of 15
K:\Planning Dept\Fagle Applications\DA20ITDR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
K. BUILDING DESIGN FEATURES:
Pergola
Columns/Roof: Stained Wood Members (SW 3532 'Hill Country')
Mailbox Cluster
Roof: Standing Seam Metal (Firestone `Slate Gray')
Walls: Stucco (SW 7530 Barcelona Beige)
Fascia/Trim: Manufactured Stone (Boral `Aspen Country Ledgestone'), Stained Wood Members (SW
3532 'Hill Country')
L. FENCING DESIGN FEATURES:
The landscape plan shows a 6 -foot tall wooden screen fence proposed along the west boundary of the
property to comply with site specific condition of approval 18 of the preliminary plat. The landscape
plan does not show any fencing proposed adjacent to any common areas and none is approved.
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are eighty-seven (87) existing trees on the site. The applicant is proposing to retain fifty-four (54)
trees, relocate two (2) trees, and remove thirty-one (31) trees. Below is a list of all existing trees
proposed to be removed and/or relocated with their respective conditions identified within the existing
tree plan, date stamped by the city on August 30, 2017.
Tree Specie Caliper / Height Condition
Ash (2) 8" caliper / 15' - 16' tall Good condition/will be
removed and relocated onsite
Black Locust (13) 2" - 16" caliper / 14' - 30' tall Multi -stem, no landscape
value/No mitigation required
per Eagle City Code
Blue Spruce (2) 8" caliper / 14' tall Main leader has died
Poplar (12) 4" - 30" caliper / 15'- 50' tall Poor condition, dead, no
landscape value/No mitigation
required per Eagle City Code
Silver Maple (3) 30" - 42" caliper / 50' tall Poor condition, main branches
dying out/No mitigation
required per Eagle City Code
Willow (1) 2" caliper / 15' tall Multi-stem/shrub type/No
mitigation required per Eagle
City Code
Tree Replacement Calculations:
The applicant has identified thirty-one (31) trees proposed to be removed that are identified within
Eagle City Code 8 -2A -7(C) as species that do not require replacement. There are two (2) trees proposed
to be removed and relocated on site. All other trees are proposed to be retained, therefore, no tree
replacement mitigation is required.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Page 4 of 15
KAPlanning Dept\Eagle Applications \Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
Street Trees: There are existing street trees located along East Riverside Drive, South Lone Brook
Avenue, and East Lone Creek Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
a. Perimeter Landscaping: N/A
b. Interior Landscaping: N/A
N. TRASH ENCLOSURES: N/A
O. MECHANICAL UNITS: N/A
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 -SHE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes — The western half of Lot 1, Block 2, Lonesome Dove Subdivision is located within
the 1% -chance floodplain area.
Mature Trees - yes — located on Lot 1, Block 2, Lonesome Dove Subdivision in proximity to East
Riverside Drive.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
Page 5 of 15
KAPlanning Dept\Eagle Applications \Dr\201'TDR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Andeavor (formerly Tesoro Logistics NW Pipeline)
City of Eagle Parks and Recreation
Eagle Fire Department
Idaho Transportation Department
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:
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.
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 CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.4 The setbacks shall be as follows:
Street Front 18 -feet (measured from back of curb)
15 -feet (measured from back of curb)
Collector Street Side 35 -feet (measured from back of curb)
(E. Riverside Drive) (an exception of 3 -feet in width for up to 50% of the
structure may be permitted to provide for architectural
variations for the E. Riverside Drive facing walls of the
three townhomes to be Located on Lots 2, 14, and 15 of
Block 18)
Interior Side 0 -feet
Street Side 5 -feet (measured from back of curb)
Side adjacent to common area 5 -feet
Alley 4 -feet (measured from edge of alley)
Maximum Coverage: No Maximum coverage
Page 6 of 15
K:\Planning DepAEagle Applications\D? 2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
(c) A requirement for all fencing within the development to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden
decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be
prohibited.
(d) The common lot area (Lot 1, Block 18, as shown on the preliminary plat, date stamped by
the city on September 22, 2016) located between the dwelling units located adjacent to the
alleys shall be maintained by the owner(s) of those dwellings.
3.8 Owner shall match the existing streetscape located on the south side of Riverside Drive with a
minimum eight foot (8') wide tree lined landscaped strip
The landscaping, including street trees and sidewalk shall be reviewed and approved by the
Design Review Board prior to submittal of a final plat application.
3.9 The multi -family dwellings shall be constructed utilizing "Northwestern" style architecture
(Exhibit "D") that shall be commensurate with the architectural styles of the residential
dwellings located within Lonesome Dove Subdivision. Design Review Board approval of the
detailed architectural plans for the development is required prior to the issuance of building
permits for the multi -family dwellings.
To assure compliance with this condition, the applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs, 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.
C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
8. Provide a revised preliminary plat showing a minimum of 17 -guest on street parking spaces prior
to submittal of a design review application. (ECC 8-4-5)
10. If a reduced buffer area located adjacent to East Riverside Drive is approved by the City Council,
the total number of landscape plantings shall be commensurate with the landscaping requirements
pursuant to Eagle City Code Section 8-2A-7(J)(4)(a). The landscape plan shall be reviewed and
approved by the Design Review Board prior to submittal of a final plat application. (ECC 8-2A-
7[J][4][a])
12. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) and sod along both sides of all streets within this development. Trees shall
be placed at the front of each lot generally at each side property line, or as approved by the Design
Review Board. Prior to the City Clerk signing the final plat the applicant shall either install the
Page 7of15
K:\Planning Dept'.Eagle Applications\Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the
development that is completed, including street trees that have been installed. On-going surety for
street trees for all undeveloped portions of the development will be required through project
completion.
13. 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 application. 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.
18. The applicant shall work with the adjacent property owner (located west of the development) to
provide an eight foot (8') wide buffer area located adjacent to the western property line. The cost
of maintenance of the buffer area shall be the responsibility of the Phase 2 homeowner's
association. The design and associated landscaping of the buffer area shall be reviewed and
approved by the Design Review Board prior to submittal of a final plat application.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code 8 -2A -6(A)(5): Utilities:
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
Page 8 of 15
K:\Planning Dept\Eagle Applications\Dr12017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
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;
b. Twenty-five feet (25') for parking lots with more than two hundred (200) spaces but less than
five hundred (500) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (500) spaces;
d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned
parcel of land or parcel of land used for residential purposes.
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.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty (320) watts.
b. The light fixture shall be no higher than seventeen feet (17').
c. The design review board shall make the following findings prior to approving metal halide
lighting:
(1) The lighting shall be harmonious with and in accordance with the general objectives, or with
any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and will not change
the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the light
bulb is exposed as a design element of the light fixture (as identified in the EASD book) shall
not be permitted to have metal halide lighting.
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.
Page 9 of 15
KAPlanning Dept\Eagle Applications\Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
E. DISCUSSION:
• The landscape plan shows mechanical units at the rear or side of each housing unit. Lots 3, 6, 23,
and 33, Block 15 and Lots 14, 17, 19, 24, and 26, Block 2, have mechanical units that are not
screened by landscaping and face either a road or pathway. The applicant should be required to
provide a revised landscape plan showing the mechanical units located on Lots 3, 6, 23, and 33,
Block 15 and Lots 14, 17, 19, 24, and 26, Block 2, screened with landscaping. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to approval of a final plat application.
• The applicant provided an example of the proposed street lights, however, they do not identify the
illumination type, lumen output, height, etc. The applicant should be required to provide a
detailed cut sheet identifying the illumination type, lumen output, height, etc. of the street light.
The detailed cut sheet should be reviewed and approved by staff prior to approval of a final plat
application.
• This design review application is for the review and approval of the common area landscaping
within Lonesome Dove Subdivision No. 2. The applicant is required to submit a design review
application for the attached dwelling units and has identified that a separate application will be
submitted for those units.
• A design review application is required to be submitted for the attached dwelling units. The
design review application should be reviewed and approved by the Design Review Board prior to
the submittal of any building permits.
• Staff defers comment regarding common area landscaping and amenities 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 September 14,
2017, at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 19:25)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board affirms the architecture and materials of the mailbox cluster and pergola proposed.
• The proposed landscaping appears to match what is currently in Phase 1.
• The Board affirms the design of Phase 1.
• The screening of the air conditioning units on the front of the town homes and the power and gas utilities
on the back of the townhomes is a concern and should be reviewed when the application for the
townhomes is submitted in the event the locations change.
BOARD DECISION:
The Board voted 3 to 0 (Grubb, Schafer, Baer, and Koci absent) to approve DR -39-17 for a design review
application for the common area landscaping within Lonesome Dove Subdivision No. 2 for Zach Evans
Construction, with the following staff recommended site specific conditions of approval and standard
Page 10 of 15
K:\Planning Dept\Eagle Applications 'Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
conditions of approval with text shown with underline to be added by the Board and text shown with
strike through to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-16 & PP -05-16.
2. Provide a revised landscape plan showing the mechanical units located on Lots 34 23; and 33,
Block 15 and Lots 14, 17, 19, 24, and 26, Block 2, screened with landscaping. The mechanical units
located on Lots 3 and 6. Block 15. that are not able to be screened with landscaping shall be reviewed
and approved with the building design review application. The revised landscape plan and screening
for all mechanical units. except those on Lots 3 and 6. Block 15. shall be reviewed and approved by
staff and one member of the Design Review Board prior to approval of a final plat application.
3. Provide a detailed cut sheet identifying the illumination type, lumen output, height, etc. of the street
light. The detailed cut sheet shall be reviewed and approved by staff prior to the City Clerk signing
the final plat.
4. The applicant shall be required to submit a design review application for all condominium or
townhouse buildings for review and approval by the Design Review Board prior to submittal of any
buildings permits.
5. A plan showing construction fencing around the existing trees (a minimum of 10 -feet from the trunk
of the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip
line of the trees shall be submitted to the City. Construction fencing shall be installed around all
existing trees required to be retained by the Design Review Board prior to the commencement of any
construction on the site. Cups or dams shall be built within the drip line of each tree in order to retain
water and the trees shall be watered on a regular basis. No activity whatsoever shall take place within
the drip line of the trees.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No signs are proposed with this application and none are approved.
11. Provide a revised landscape plan showing all trees that are located in anv drainage swales to be
relocated outside of the drainage swales. The revised landscape plan shall be reviewed and approved
by staff and one member of the Design Review Board prior to approval of a final plat.
12. If the location of any utilities is altered from their current depiction on the landscape plan. date
stamped by the city on August 10. 2017. the applicant shall be required to submit a revised landscape
plan. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the submittal of the design review application for the townhomes.
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.
Page 11 of 15
K\Planning Dept\Eagle Applications\Dt\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
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.
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
Page 12 of 15
K:\Planning Depl\Eagle Applications\Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
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
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
Page 13 of 15
K:\Planning Dept\Eagle Applications\Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drEdocx
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 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 -39-17) 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.
Page 14 of 15
K\Planning Dept\Eagle Applications\ Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx
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 the common area landscaping for Lonesome Dove Subdivision No. 2 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 proposed landscaping is designed to complement
the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural;
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
landscaping, pergola, and mailbox clusters have been designed with quality materials and similar
features that will be utilized on the residential homes within the development;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
consideration;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover or detract from
desirable architectural features.
DATED this 28th day of September 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, Ch .. man
A 1"1'EST:
0'r
Sharon��. Bergmann, Eagle City Clerk
• OF
Page 15 of 15
K:\Planning Dept\Eagle Applications\Dr\2017\DR-39-17 Lonesome Dove Sub No. 2 LS drf.docx