Findings - CC - 2018 - DR-51-18 - Landscaping And Construction Of 2 Fourplexes, And 1 Duplex UnitBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING AND TOWNHOMES WITHIN )
RIVERSTONE TOWNHOUSES NO. 2 (SOUTH )
OF RANCH DRIVE) FOR MACKEY )
TOWNHOUSE PROPERTY LOTS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -51-18
The above -entitled design review application came before the Eagle City Council for their action on
November 27, 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:
Mackey Townhouse Property Lots, LLC, represented by Jay Walker with AllTerra Consulting, LLC,
is requesting design review approval of the common area landscaping and to construct 2 - fourplex
units and 1 - duplex unit. The 2.15 -acre site is located on the southeast corner of East Ranch Drive and
North Eagle Road (Lots 6-15, Block 2, Riverstone Townhouses No. 2).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 30, 2018. Supplemental information
was provided on September 6, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 5, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 12, 1989, the City Council approved a final plat application for Riverstone Townhouses.
On November 13, 1990, the City Council approved a final plat application for Riverstone Townhouses
No. 2.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use R-9 (Residential) 2-fourplexes and 1 -duplex
Proposed No Change No Change 2-fourplexes and 1 -duplex
North of site Mixed Use R-9 (residential up to 9 -units Vacant land
per acre)
South of site
Mixed Use
Public/Semi-Public
R-9 (residential up to 9 -units
per acre) MU -DA (Mixed
Use with a development
agreement)
Eagle Water well lot and
assisted living facility
East of site Neighborhood R-4 (Residential up to 4 -units Single family residential
per acre)
West of site Mixed Use R-4 (Residential up to 4 -units Eagle United Methodist
per acre) Church
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and attached
sidewalk on North Eagle Road, East Ranch Drive and North Ash Street. There are two-four plex units
and one duplex unit located in the northern 240 -feet of the site.
I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.15 -acres (93,654 -square feet) 7,000 -square feet
Percentage of Site Devoted 33% (approximately) 60% (maximum)
to Building Coverage
Percentage of Site Devoted 27% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces* 27 -parking spaces 22.5 -parking spaces (minimum
(20 -parking spaces within garages, 7- — 10 -parking spaces are
parking spaces for guest parking) required to be covered, 2.5 -
parking spaces for guest
parking)
*Note: Parking required for new units being constructed.
J. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi -Family Residential Units: 47,216 -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.
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Number of Units: 10 units (all 3 -bedroom units)
Armaments or multi -family dwellings:
Three Bedroom: 2/unit 10 x 2= 20 -parking spaces
Guest Parking: 0.25/unit 10 x 0.25= 2.5 -parking spaces
Proposed On-site Parking Spaces: 27 (10 -two car garages [20 -parking spaces], 7 -on-site parking
spaces for guests)
Required Parking Spaces: 22.5 (10 -parking spaces are required to be covered, 2.5 -guest parking
spaces)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Three (3) buildings: 2-fourplex units and 1 -duplex unit.
Height and Number of Stories of Proposed Buildings:
Fourplex unit = 28' (two story)
Duplex unit = 20' (one story)
Gross Floor Area of Proposed Buildings:
Fourplexes =
Duplex =
First Floor - 4,998 -square feet
Second Floor - 4.550-sauare feet
Total - 9,548 -square feet/each x 2 = 19,096 -square feet
Main Floor - 4.512-sauare feet
Total - 4,512 -square feet
On and Off -Site Circulation:
A 20,940 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One existing 24 -foot wide shared driveway is at the north end of the entire development providing
access to East Ranch Drive. One 24 -foot wide shared driveway is proposed to be located on the east
side of the development providing access to North Ash Street.
L. BUILDING DESIGN FEATURES:
Roof: Asphalt and metal (black)
Walls: Stucco (agreeable grey), Cultured stone (black forest), Hardi siding (agreeable grey)
Windows/Doors: Vinyl windows (white), Fiberglass doors (extra white)
Fascia/Trim: Wood (keystone grey)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located around the
existing townhomes. There are existing pine trees located along North Eagle Road and black locust
trees at the southern end of the site. The applicant is proposing to retain the pine trees along North
Eagle Road but the black locust trees in the southern portion of the site are to be removed.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: The applicant is proposing to install street trees behind the sidewalk along North Ash
Street. There are existing trees along North Eagle Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the east perimeter of the parking lot.
b. Interior Landscaping: 0% interior landscaping is required, 10% is proposed.
N. TRASH ENCLOSURES: N/A
O. MECHANICAL UNITS:
The applicant is proposing to ground mounted mechanical units that will be located near the garage of
each of the units.
P. OUTDOOR LIGHTING:
Q.
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.
SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
submitted prior to any signs being constructed on this site.
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 - no
Mature Trees — yes — See sheet L1.0
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.
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Andeavor (fka Tesoro Logistics NW Pipeline)
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Eagle Fire Department
Eagle Park, Pathway, and Recreation
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 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.
6.4.3 General Land Use Implementation Strategies
G. Encourage mixed use in the area shown along both sides of Eagle Road between Ranch Drive and
Floating Feather Road to allow development such as higher density residential dwelling units
and/or facilities such as senior assisted housing, nursing homes and convalescent homes.
Commercial uses in this mixed-use area are not permitted.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(B)(1)(h)
Stucco: Twenty five percent (25%) planer change required, additional accents shall be
incorporated through the use of other material(s);
• Eagle City Code Section 8-2A-6(B)(2)(e)
Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8 -2A -6(B)(3) Fences:
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
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d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited.
• Eagle City Code Section 8 -2A -7(C)
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site (or
from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more 1 x caliper of tree removed
Removal of the following trees shall not require replacement: black locust, poplar, cottonwood,
willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched,
suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt
from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
• Eagle City Code Section 8-2A-7(J)(4)(b)
Any road designated as a minor arterial on the transportation and pathway network plan in the
Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with
the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight
(8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not
more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall
be provided within the buffer area. The maximum slope for any berm shall be three feet (3')
horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with the
berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8 -2A -7(M): Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Sidewalks shall be required when space
permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class
II) trees shall be required between the sidewalk and street to provide a canopy effect over
streets.
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2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear
feet of street frontage.
3. Within residential developments one shade class (class II) tree selected from the approved tree
list in subsection Q of this section shall be located on both sides of all streets within the eight
foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the
front of each lot generally located on each side lot line corner with the distance between trees
to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
C. DISCUSSION:
• On November 13, 1990, the City Council approved a final plat application for Riverstone
Townhouses No. 2, a 37 -lot (35 -buildable and 2 -common) residential subdivision. The
Riverstone Townhouses No. 2 project is located on the northeast and southeast corners of East
Ranch Drive and North Eagle Road. The property was platted to accommodate 6-fourplex units,
5 -duplex units, and 1 -single unit. An approximately 5 -foot wide attached sidewalk is located
along North Eagle Road, a 5 -foot wide separated sidewalk with a 6 -foot wide landscape strip is
located adjacent to East Ranch Drive, and a 4 -foot wide attached sidewalk is located adjacent to
North Ash Street. Only two of the fourplex units and one of the duplex units have been
constructed on the south side of East Ranch Drive, the rest of the lots remain vacant.
For the purpose of this application, only the buildings proposed on Lots 6-15, Block 2, and a
portion of the common area on Lot 1, Block 2, of Riverstone Townhouses No. 2 are being
reviewed. The applicant is requesting design review approval to construct 2 - fourplex units and
1 - duplex unit for a total of 10 -attached single-family units and the common area landscaping
and access drive aisles located around these specific units. The applicant's justification letter
does not specify how the architectural style of the proposed buildings meet one of the
architectural styles specified within the EASD Book; however, they are trying to provide an
updated look with the new buildings while blending the architecture of these new buildings with
the existing fourplex units and duplex unit located in the northern portion of this development.
The applicant is proposing the fourplex units to be two story units with building facades that
undulate and have a mix of building materials and colors.
The duplex unit is proposed to be a single story structure. The front (north) building facade
undulates and has a mix of building materials, while both the side (east and west) building
elevations are proposed to have a stucco finish in one single plane. The rear (south) building
elevation has planer change but does not incorporate any additional building materials. Pursuant
to Eagle City Code Section 8-2A-6(B)(1)(h), when stucco is used, a 25% planer change is
required and additional accents are required to be incorporated through the use of other
material(s). The applicant should be required to provide revised building elevations of the duplex
unit showing the east and west building elevations showing a 25% planer change in the stucco
and incorporating additional building materials. The revised building elevations should show
additional building materials to be incorporated into the south building elevation. The revised
building elevations should be reviewed and approved by staff and two members of the Design
Review Board prior to the issuance of a zoning certificate.
Staff defers comment regarding building design and colors of the fourplex and duplex to the
Design Review Board.
• The building elevations for the fourplex and duplex show a decorative metal roof element over
several of the windows. The application and elevation plans do not specify if the metal roof has
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concealed fasteners. The applicant should be required to provide revised building elevations
indicating the metal roof to have concealed fasteners. The revised building elevations should be
reviewed and approved by staff prior to the issuance of zoning certificate.
• As noted above, the plat was approved by the City Council on November 13, 1990. Eagle City
Code addressing design review of landscape buffers, separated sidewalks, and street trees were
not adopted by the City until September 4, 1996 (Ordinance 276). The buildable lots within
Riverstone Townhouses No. 2, are located 10 -feet from the perimeter property line of the entire
development, thus there is not adequate space to construct a 50 -foot wide buffer along North
Eagle Road, as required by Eagle City Code Section 8-2A-7(J)(4)(b). Additionally, Eagle City
Code Section 8 -2A -7(M)(1-4), requires streets to be improved with separated sidewalks and
planter strips planted with street trees. Based on the existing property lines and existing
infrastructure, there is not adequate space to construct the improvements that are required within
Eagle City Code. Staff defers comment regarding the buffer and streetscape improvements
required adjacent to this development to the City Council.
• The application does not indicate any new fencing to be constructed with this development;
however, it appears that on the landscape plan that a fence is proposed around the well lot that is
located near the southwest corner of the site. No detailed cutsheet showing the style, height,
material, color, etc. has been provided. The existing fourplex and duplex units have dog eared
cedar fences constructed around their patios. No fencing has been proposed with the new
fourplex or duplex units. Pursuant to Eagle City Code Section 8 -2A -6(B)(3), dog ear cedar, fir,
chainlink, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is
prohibited. Decorative wood and vinyl fencing may be permitted if the City determines that the
style of fencing proposed is complementary to the building architecture and overall site design.
The applicant should be required to provide a revised landscape plan showing the location of any
fences proposed on this site. Detailed cutsheets showing the style, height, material, color, etc.
should be submitted to the City. The revised landscape plan and detailed cutsheets should be
reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
• The landscape plan, date stamped by the City on August 30, 2018, does not show landscaping to
be located in front of the living area of the duplex units facing the main drive aisle or on the sides
of the garages facing the main drive aisle of the fourplex units. The applicant should be required
to provide a revised landscape plan showing landscape areas to be located in front of the living
areas of the duplex units facing the main drive aisle and on the sides of the garages of the
fourplex units facing the main drive aisle. The revised landscape plan should be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
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 October 11, 2018.
The Board continued the item October 25, 2018, 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).
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BOARD DELIBERATION: (Granicus time 1:16:59)
On October 11, 2018, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The architecture of the buildings should be addressed to provide more planer change and should
incorporate additional materials and colors.
• The applicant should address pedestrian connections from the parking area to each of the units.
• The applicant should address the existing evergreen trees located adjacent to this development along
North Eagle Road by removing them. The evergreen trees are the wrong tree for the location because
of the overhead power lines and there is an opportunity to plant the appropriate trees with this
application.
• The applicant should address the location of gutters and downspouts on the building and the locations
of ground mounted mechanical units around the units.
BOARD DELIBERATION: (Granicus time 49:18)
On October 25, 2018, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The Board affirmed the applicant addressed the concerns discussed at the previous meeting:
o The planer change and addition of materials and colors has been addressed.
o The pedestrian connections have been addressed.
o The landscape buffer along North Eagle Road, with the removal of the existing evergreen trees, has
been addressed.
o The applicant provided the location of the gutters and downspouts on the revised building
elevations and the site and landscape plans address the ground mounted mechanical units.
• The Board determined that the 50 -foot wide landscape buffer and separated five foot (5') wide sidewalk
(with street trees) should not be required along North Eagle Road since there is not adequate space to
construct the improvements based upon the location of the existing townhome buildings and existing
platted lots identified on the Riverstone Townhouses No. 2 plat, dated July 7, 1994. Please see
Conclusions of Law No. 2 for additional information regarding this item.
BOARD DECISION:
The Board voted 4 to 0 (Brasher, Schafer, and Baer absent) to recommend approval of DR -51-18 for a
design review application for the common area landscaping and townhomes within Riverstone
Townhouses No. 2 (south of Ranch Drive) for Mackey Townhouse Property Lots, LLC, with the
following site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document, November 8, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on November 27, 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).
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COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -51-18 for a design review application for the common area
landscaping and townhomes within Riverstone Townhouses No. 2 (south of Ranch Drive) for Mackey
Townhouse Property Lots, LLC, with the following Design Review Board recommended site specific
conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The revised elevation plans, date stamped by the City on October 17, 2018, are approved.
2. Provide revised building elevations indicating the metal roof to have concealed fasteners. The revised
building elevations shall be reviewed and approved by staff prior to the issuance of zoning certificate.
3. The fence detailed provided on the revised landscape plan, date stamped by the City on October 17,
2018, is approved.
4. The revised landscape plan, date stamped by the City on October 17, 2018, showing landscaping in
front of the living areas of the duplex units and on the sides of the garages of the fourplex units is
approved.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. 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.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide a revised landscape plan showing landscaping around the cluster mailbox area and the ground
mounted mechanical units. The landscaping shall screen the ground mounted mechanical units from
view. The revised landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
12. Provide a revised site plan showing the location of all required ADA parking spaces. The revised site
plan shall identify the concrete and pavement surfaces within the parking areas and drive aisles. The
revised site plan shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
13. Provide revised elevations plans identifying the color of the gutters and downspouts. 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.
14. Provide a revised landscape plan showing street trees to be located within the planter strip located
adjacent to East Ranch Drive. The revised landscape plan shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate.
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.
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
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K:II'lanning Dept\Eagle Applications1t)r121)1 \I)R-.51.18 Riverstone Townhomes (south) ccf.does
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.
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K:1Planning Dept Eagle ApplicationsU)r12OI$ I)R-51-IS Riwrstonc Towchomcs (south) ccl:Jocx
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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR -51-18) 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.
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K:1Planning I) pt\Eagle Application.slhr 2O1811)R-51-18 Riverstone Townhumcs (south) ccl:docx
2. In accordance with the provisions of Eagle City Code Section 8-2A-7 (0)(a, b, and c), the Council
determined that the 50 -foot wide landscape buffer (required by ECC 8-2A-7 (J)(4)(b)) and separated
five foot (5') wide sidewalk (with street trees) (required by ECC Section 8 -2A -7(M)(1-4)), should not
be required along North Eagle Road since there is not adequate space to construct the improvements
based upon the location of the existing townhome buildings and existing platted lots identified on the
Riverstone Townhouses No. 2 plat, dated July 7, 1994.
Note: an attached five foot (5') wide sidewalk exists along North Eagle Road at this location.
Eagle City Code Section 8-2A-7 (0)(a, b, and c) states, "Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions
to land use problems. Under certain site conditions, a strict interpretation of requirements may be either
physically impossible or impractical. Alternative compliance is a procedure that allows certain
modifications to existing regulations within this section. Requests for use of alternative landscaping
schemes are justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or
impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be provided;"
The Council approves the alternate method of compliance and concludes that the landscaping proposed
with this application, combined with the conditions required herein, will provide an attractive and
improved look to an area that has been neglected for many years.
3. 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:
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 subdivision landscaping and townhouses are permitted with the approval
of a design review application within the R-9 (Residential) 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 common area landscaping and
townhouses are 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 since site meets the required parking for 10 units and
the drive aisles have been designed in conformance with Eagle City Code Section 8-4-3;
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 buildings have been designed with quality materials and similar features and will enhance
the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
buildings will have similar features utilized on other buildings within the area;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed buildings are in conformance with the required setbacks and
height restrictions permitted within Eagle City Code;
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K:U'lanning Dept L glc Applications11)r1201131I)R-51-18 Rivcrstotu Townhomcs (south) cct docs
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 there are pathways
throughout the development and the parking areas have been designed with connectivity to the
public streets;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
1. 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 nor detract from
desirable architectural features.
DATED this 27' day of November 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
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Reconsideration Notice. Applicant has the right. pursuant to Section 67-6535. Idaho Code. to request a reconsideration within
fourteen (14) days of the final written decision.
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K \Nanning Dept\I agle Appliuuu n \I h\'(118\I>R-S 1-18 R wrsi ono 'fuss nhumrs l smith) CLI dues