Findings - CC - 2018 - DR-39-17 MOD - Construct 12 Townhome Buildings 63-Units In Lonesome Dove Subd. No. 2BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
TWELVE (12) TOWNHOME BUILDINGS
(63 -UNITS) WITHIN LONESOME DOVE
SUBDIVISION NO. 2 FOR ZACH EVANS
CONSTRUCTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -39-17 MOD
The above -entitled design review application came before the Eagle City Council for their action on
February 13, 2018. The Eagle City Council 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 to
construct twelve (12) townhome buildings (63 -units) 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 December 7, 2017. Revised materials
(revised phasing plan and revised site plan) were received by the City on December 14, 2017 and
December 21, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 11, 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).
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On December 18, 2007, the City Council approved the final plat for Lonesome Dove Subdivision
(FP -10-07).
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 MOD 1).
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).
On October 24, 2017, the City Council approved the final plat for Lonesome Dove Subdivision No. 2
(FP -17-17).
On October 24, 2017, the City Council approved a design review application for the common area
landscaping within Lonesome Dove Subdivision No. 2 (DR -39-17).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Mixed Use
No Change
North of site Mixed Use
South of site Mixed Use
East of site Mixed Use
West of site Mixed Use
G. DESIGN REVIEW
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
No Change
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
LAND USE
Single-family (attached)
residential subdivision
No Change
ACHD Park and Ride,
State Highway 44, Eagle
River Development
Lonesome Dove
Subdivision
Lonesome Dove
Subdivision
Vacant Parcel
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:
SITE DATA
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
PROPOSED
4.36 -acres (189,921 -square feet)
41% (approximately)
REQUIRED
5,000 -square feet (minimum)
No maximum*
40% (approximately) 15% (minimum)
165 -parking spaces
(63 -two car garages [ 126 -parking
spaces], 39-onstreet parking spaces)
142 -parking spaces (minimum —
63 -parking spaces are required to
be covered)
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SITE DATA
Street Front Setback
Street Side Setback
Alley
Building 1
PROPOSED
18 -feet East
5 -feet South
4 -feet North
17 -feet West
REQUIRED
18 -feet (minimum)
back of curb)*
5 -feet (minimum)
back of curb)*
4 -feet (minimum)
edge of alley)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
Building 2
SITE DATA
Street Front Setback
Collector Street Side
(East Riverside Drive)
Alley
PROPOSED
18 -feet East
35 -feet North
16 -feet East
4 -feet South
REQUIRED
(measured from
(measured from
(measured from
18 -feet (minimum) (measured from
back of curb)*
35 -feet (minimum) (measured
from back of curb — an exception
of 3 -feet in width for up to 50% of
the structure may be permitted to
provide for architectural variations
for E. Riverside Drive facing walls
of three townhomes to be located
on Lots 2, 14, and 15 of Block
18)*
4 -feet (minimum) (measured from
edge of alley)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
Building 3
SITE DATA PROPOSED
Street Side Setback
5 -feet South
7 -feet West
Side adjacent to common 5 -feet North
area Setback
Alley
8 -feet East
REQUIRED
5 -feet (minimum) (measured from
back of curb)*
5 -feet (minimum)*
4 -feet (minimum) (measured from
edge of alley)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
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KWlanning Dept\Hagle Applications\Dr\2017\DR-39-17 MOD Lonesome Dove Sub No. 2 Townhomes ccI doLx
Building 4
SITE DATA PROPOSED REQUIRED
Street Side Setback
Side adjacent to common
area Setback
5 -feet South 5 -feet (minimum) (measured from
back of curb)*
5 -feet North
5 -feet East
5 -feet (minimum)*
Alley 4 -feet West 4 -feet (minimum) (measured from
edge of alley)*
`Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
Building 5
SITE DATA
Side adjacent to common
area Setback
Alley
PROPOSED
5 -feet North
5 -feet South
5 -feet West
REQUIRED
5 -feet (minimum)*
6 -feet East 4 -feet (minimum) (measured from
edge of alley)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
SITE DATA
Building 6
PROPOSED REQUIRED
Side adjacent to common 5 -feet North 5 -feet (minimum)*
area Setback 5 -feet South
5 -feet East
Alley 6 -feet West 4 -feet (minimum) (measured from
edge of alley)*
'Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
SITE DATA
Street Side Setback
Side adjacent to common
area Setback
Alley
Building 7
PROPOSED REQUIRED
9 -feet South 5 -feet (minimum) (measured from
back of curb)*
5 -feet North
5 -feet West
5 -feet (minimum)*
6 -feet East 4 -feet (minimum) (measured from
edge of alley)*
'Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
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Building 8
SITE DATA PROPOSED REQUIRED
Street Side Setback
Side adjacent to common
area Setback
7 -feet South 5 -feet (minimum) (measured from
back of curb)*
5 -feet North
5 -feet East
5 -feet (minimum)*
Alley 6 -feet West 4 -feet (minimum) (measured from
edge of alley)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
Building 9
SITE DATA PROPOSED REQUIRED
Street Front Setback 18 -feet South
Interior Side Setback
Side adjacent to common
area Setback
18 -feet (minimum) (measured
from back of curb)*
15 -feet (minimum) (measured
from back of curb — units located
adjacent to East Lone Creek
Drive)*
12 -feet East 0 -feet (minimum)*
5 -feet North 5 -feet (minimum)*
Alley 9 -feet West 4 -feet (minimum) (measured from
edge of alley)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
Building 10
PROPOSED REQUIRED
SITE DATA
Street Front Setback
Interior Side Setback
Alley
18 -feet North
15 -feet South
18 -feet (minimum) (measured
from back of curb)*
15 -feet (minimum) (measured
from back of curb — units located
adjacent to East Lone Creek
Drive)*
2 -feet West 0 -feet (minimum)*
5 -feet East 4 -feet (minimum) (measured from
edge of alley)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
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Building 11
SITE DATA PROPOSED REQUIRED
Street Front Setback 19 -feet South
Interior Side Setback 5 -feet West
Street Side Setback
18 -feet (minimum) (measured
from back of curb)*
15 -feet (minimum) (measured
from back of curb — units located
adjacent to East Lone Creek
Drive)*
0 -feet (minimum)*
7 -feet North 5 -feet (minimum) (measured from
back of curb)*
Side adjacent to common 6 -feet East 5 -feet (minimum)*
area Setback
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
Building 12
SITE DATA PROPOSED
Street Front Setback 18 -feet South
Interior Side Setback
Street Side Setback
REQUIRED
18 -feet (minimum) (measured
from back of curb)*
15 -feet (minimum) (measured
from back of curb — units located
adjacent to East Lone Creek
Drive)*
5 -feet East 0 -feet (minimum)*
10 -feet West
7 -feet North
5 -feet (minimum) (measured from
back of curb)*
*Note: Setbacks and lot coverage per the development agreement associated with RZ-07-16.
J. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi -Family Residential Units: 133,408 -square feet
• Eagle City Code Section 8-4-5 requires the following parking for apartments or multi -family
dwellings: For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or
studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking.
Number of Units: 63 units (all 3 -bedroom units)
Apartments or multi-familv dwellings:
Three Bedroom: 2/unit 63x2 = 126 parking spaces
Guest Parking: .25/unit 63x.25 = 15.75 parking Spaces
Proposed On-site Parking Spaces: 165 (63 -two car garages [ 126 -parking spaces], 39-onstreet
parking spaces)
Required Parking Spaces: 142 (63 -parking spaces are required to be covered parking) (calculated
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K:IPlanninc IkptO:agle nrpkau.ins\or\201'1DR-39-17 MOD Loncwmc Dove Sub No. 2 Townhomes ccf.docx
based upon the above use identified in Eagle City Code Section 8-4-5: "Apartments or multi -family
dwellings")
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Twelve (12) townhome buildings totaling 63 -units.
Height and Number of Stories of Proposed Buildings:
Building 1 & 2 = 33' (2 -story)
Buildings 3, 4, & 5 = 34' (2 -story)
Buildings 6 & 7 = 34' (2 -story)
Building 8 = 34' (2 -story)
Building 9 = 34' (2 -story)
Building 10 = 33' (2 -story)
Buildings 11 & 12 = 34' (2 -story)
Gross Floor Area of Proposed Buildings:
Building 1 & 2 =
Buildings 3, 4 & 5 =
Buildings 6 & 7 =
Building 8 =
Building 9 =
Building 10 =
Buildings 11 & 12 =
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
Gross Floor Area of Proposed Units:
Units A 1 & A2 =
Units B1 & B2 =
Units Cl & C2 =
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
5,392 -square feet
3.252-sauare feet
8,644 -square feet/each x 2 = 17,288 -square feet
6,898 -square feet
5352 -square feet
12,650 -square feet/each x 3 = 37,950 -square feet
7,256 -square feet
5A79 -square feet
12,735 -square feet/each x 2 = 25,470 -square feet
4,988 -square feet
3.538 -square feet
8,526 -square feet/each x 1 = 8,526 -square feet
4,988 -square feet
3.538 -square feet
8,526 -square feet/each x 1 = 8,526 -square feet
3,482 -square feet
2366 -square feet
6,248 -square feet/each x 1 = 6,248 -square feet
8,689 -square feet
6.274 -square feet
14,963 -square feet/each x 2 = 29,926 -square feet
1,129 -square feet
1.006 -square feet
2,135 -square feet/each x 18 = 38,430 -square feet
1,163 -square feet
906 -square feet
2,069 -square feet/each x
1,139 -square feet
935 -square feet
2,074 -square feet/each x
12 = 24,828 -square feet
17 = 35,258 -square feet
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K: I'Iammng Dept.Laglc Apphcauuns\Dr12017\DR 1, MOD 1 o n•. m. Doc Sub No 2 T,,wnh .mcs cd d,.‘x
Units C3 & C4 =
Unit D1 =
Unit D2 =
On and Off -Site Circulation:
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
First Floor -
Second Floor -
Total -
1,109 -square feet
906 -square feet
2,015 -square feet/each x 4 = 8,060 -square feet
1,557 -square feet
691 -square feet
2,248 -square feet/each x 8 = 17,984 -square feet
1,521 -square feet
691 -square feet
2,212 -square feet/each x 4 = 8,848 -square feet
Five (5) alleyways will provide access to the garages located at the rear of the proposed residential
townhomes located on each side of East Lone River Drive.
Three (3) public streets (South Lone Brooke Avenue, East Lone River Drive, and East Lone Creek
Drive) provide access to the East Riverside Drive and Lonesome Dove Subdivision No. 1.
L. BUILDING DESIGN FEATURES:
Buildings 1.3.6.9. & 11
Roof:
Asphalt Composite Shingle (Pabco Premier Antique Black), standing seam metal (Light Gray)
Walls:
Lap Siding (SW6236 Gray's Harbor, SW7598 Sierra Redwood, SW7053 Adaptive Shade)
Board and Batt (SW7017)
Stucco (SW7018 Dovetail, SW6236 Gray's Harbor)
Manufactured Stone (Cultured Stone Gray Pro -Fit Ledgestone)
Hardie Board — Cedar (SW7598 Sierra Redwood, SW7053 Adaptive Shade, SW7048 Urbane Bronze)
Windows/Doors:
Garage door (SW7048 Urbane Bronze, SW6236 Adaptive Shade)
Windows/door frames (Bronze)
Wood door (SW3507 Riverwood, SW3533 Leeward),
Fascia/Trim:
Harditrim (SW7598 Sierra Redwood, SW7053 Adaptive Shade, SW7048 Urbane Bronze)
Rough Sawn Stained Wood detailing (SW3507 Riverwood)
Trim (SW7019 Gauntlet Gray, Dorian Gray)
Harditrim fascia (SW7019 Gauntlet Gray)
Soffit (SW7018 Dovetail)
Flashing and gutters (Mastic Harbor Grey)
Downspouts (Mastic Harbor Grey)
Buildings 2.5.8. & 12
Roof:
Asphalt Composite Shingle (Pabco Premier Driftwood), standing seam metal (Light Gray)
Walls:
Lap Siding (SW6234 Uncertain Gray)
Board and Batt (SW6208 Pewter Green)
Stucco (SW7019 Gauntlet Gray, SW7052 Gray Area)
Manufactured Stone (Cultured Stone Southwest Blend Pro -Fit Ledgestone)
Hardie Board — Cedar (SW6236 Gray's Harbor, SW0038 Library Pewter, SW7053 Adaptive Shade)
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Windows/Doors:
Garage door (SW7048 Urbane Bronze, SW6236 Adaptive Shade, SW7017 Dorian Gray)
Windows/door frames (Bronze)
Wood door (SW3507 Riverwood, SW3533 Leeward),
Fascia/Trim:
Harditrim (SW6236 Gray's Harbor, SW0038 Library Pewter, SW7053 Adaptive Shade)
Rough Sawn Stained Wood detailing (SW3507 Riverwood)
Trim (SW7019 Gauntlet Gray, SW7017 Dorian Gray)
Harditrim fascia (SW7029 Agreeable Gray)
Soffit (SW7018 Dovetail)
Flashing and gutters (Mastic Silver Grey)
Downspouts (Mastic Harbor Grey)
Buildings 4. 7. & 10
Roof:
Asphalt Composite Shingle (Pabco Premier Pewter Gray), standing seam metal (Dark Gray)
Walls:
Lap Siding (SW6186 Dried Thyme, SW7053 Adaptive Shade)
Board and Batt (SW6141 Softer Tan)
Stucco (SW7029 Agreeable Gray, SW7052 Gray Area)
Manufactured Stone (Cultured Stone Black Mountain Pro -Fit Alpine Ledgestone)
Hardie Board — Cedar (SW7019 Gauntlet Gray)
Windows/Doors:
Garage door (SW7048 Urbane Bronze, SW6236 Adaptive Shade)
Windows/door frames (Bronze)
Wood door (SW3507 Riverwood, SW3533 Leeward)
Fascia/Trim:
Harditrim (SW7019 Gauntlet Gray)
Rough Sawn Stained Wood detailing (SW3507 Riverwood)
Trim (SW7019 Gauntlet Gray, SW7017 Dorian Gray)
Harditrim fascia (SW7047 Porpoise)
Soffit (SW7053 Adaptive Shade)
Flashing and gutters (Mastic Terra Bronze)
Downspouts (Mastic Harbor Grey)
M. LANDSCAPING DESIGN:
All landscaping for the site was previously approved by City Council with application DR -39-17.
N. TRASH ENCLOSURES:
Per the development agreement, the applicant is required to provide premium trash service (as
identified in the city's contract with Republic Services) for the residential units that are accessed from
private alleys that do not include a turnaround or to which Republic Services will not provide
standard service.
O. MECHANICAL UNITS:
The applicant is proposing to use both ground mounted and roof mounted mechanical units. Building
3, units C-1 and C-2, building 7, unit C-3, building 11, units C-3 and C-4, and building 12, units C-3
and C-4, are proposed to have roof mounted mechanical units screened within the roof well. All other
units will have ground mounted mechanical units screen by landscaping.
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P. OUTDOOR LIGHTING:
Q.
A site and parking lot light plan was approved with design review application DR -39-17. A building
wall lighting plan showing location, height, and wattage is required to be reviewed and approved by
the Zoning Administrator prior to issuance of any building permits.
SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any sign permits.
R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department have
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 — 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.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Andeavor (formerly Tesoro Logistics NW Pipeline)
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Republic Services
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:
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The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take away from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
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.
C. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.3 The total number of residential units on the Property shall not exceed 68 -units in the aggregate,
Development of the residential portion of the Property will be permitted through the Design
Review process and future conditional use permits for the residential development will not be
required with the exception of height exceptions.
3.4 The setbacks shall be as follows:
Street Front 18 -feet (measured from back of curb)
15 -feet (measured from back of curb)
(units located adjacent to East Lone Creek Drive)
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
3.5 The conditions, covenants and restrictions for the Property shall contain at least the following:
(b) A requirement insuring compliance with the Design Guidelines approved with this
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Agreement.
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.
3.10 Owner shall provide premium trash service (as identified in the city's contract with Republic
Services) for the residential units that are accessed from private alleys that do not include a
turnaround or to which Republic Services will not provide standard service.
D. DISCUSSION:
• The applicant is proposing to construct twelve (12) townhome buildings within Lonesome Dove
Subdivision No. 2. The proposed townhome buildings include the following unit types: 1 -triplex,
4-fourplexes, 5-sixplexes, and 2-sevenplexes, for a total of sixty-three (63) attached single-family
units. The architectural style of the units will be "Northwestern" style as identified in the
development agreement and consistent with the first phase of townhomes and single-family
dwellings to the south of the site. The applicant's justification letter states that the buildings will
have different roof forms, pitches, and wall modulation to provide individuality and variety
between the units. In addition, the justification letter states that the window placement and
exterior wall cladding create interesting asymmetrical compositions and the majority of the colors
and all materials are found in the first phase.
Staff defers comment regarding the buildings design and colors to the Design Review Board.
• The applicant is proposing to phase the project with the anticipation that some buildings will be
occupied while others are still being built. Phase 1 will consist of the landscaping adjacent to East
Riverside Drive, pergola and mailbox clusters, and landscaping and fencing along the west
property line. Phase 2 through Phase 8 will include buildings and landscaping around those
buildings. Each phase will be constructed and inspected separately allowing completed buildings
to obtain certificates of occupancy while additional phases are still under construction.
Staff defers comment regarding the phasing plan to the Design Review Board.
STAFF RECONIIIIENDATION 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 11, 2018,
at which time the Board made their recommendation.
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 48:40)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board affirms the architecture, materials, and colors proposed for the townhome buildings.
• The proposed architectural style appears to match what is currently in Phase 1 and approved through
the development agreement.
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• The Board is in favor of the phasing plan as proposed by the applicant.
BOARD RECOMMENDATION:
The Board voted 7 to 0 to recommend approval of DR -39-17 MOD for a design review application to
construct twelve (12) townhome buildings (63 -units) within Lonesome Dove Subdivision No. 2 for Zach
Evans Construction, with the following staff recommended site specific conditions of approval and
standard conditions of approval.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 13, 2018, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -39-17 MOD for a design review application to construct twelve
(12) townhome buildings (63 -units) within Lonesome Dove Subdivision No. 2 for Zach Evans
Construction, with the following Design Review Board recommended site specific conditions of approval
and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-16, PP -05-16, FP -17-17, and DR -39-17.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. 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.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. All vents protruding through the roof, and similar features shall be painted to match the color of the
roof.
7. All ground mounted mechanical units shall be screened from view with landscaping.
8. All roof mounted mechanical units shall be located within the roof wells and completely screened
from view by the roof.
9. Paint all electrical meters, phone boxes, etc. located on the townhomes to match the color of the
surface they are attached to.
10. No signs are proposed with this application and none are 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
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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
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
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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.
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
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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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR -39-17 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council 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:
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K U'lanning DcptU:agk Appli atiuns\Dr12U1TDR•3'3 17 MOD 1.•n: ,amc Dow Sub N., 2 Townhomcs ccLdocx
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 construction of townhomes 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 townhomes are designed to complement the general
vicinity and provide aesthetically pleasing architecture to enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for
townhomes 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 townhome buildings have been designed with quality materials and similar features
utilized on other residences within the development, complies with the architectural style identified
in the development agreement, 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
townhome buildings have been designed with quality materials and similar features utilized on
other buildings within the development and are in conformance with the "Northwestern"
architectural style approved within the development agreement;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed townhome buildings are in conformance with the required
setbacks and height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development;
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 13`h day of February 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Jerk
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