Findings - CC - 2023 - DR-18-23 - Design Review for 3 Apartment Buildings [Inc. 1,000-SF Retail], and Common Area Landscaping within Molinari Park Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR 3 APARTMENT )
BUILDINGS [INC. 1,000-SF RETAIL],AND )
COMMON AREA LANDSCAPING WITHIN )
MOLINARI PARK SUBDIVISION FOR )
SILVERADO MANAGEMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-18-23
The above-entitled design review application came before the Eagle City Council for their action on June
27, 2023. 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:
Silverado Management, represented by Walter Lindgren with Lindgren:Labrie Architecture, is
requesting design review approval for three(3)apartment buildings(one—61,423-SF[including 1,000-
SF retail], one — 82,686-SF, one — 87,807-SF) and common area landscaping within Molinari Park
Subdivision. The 7.16-acre site is located on the south side of East Plaza Drive approximately 1,200-
feet east of the intersection of South 2nd Street and East Plaza Drive at 401 East Cedar Ridge Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 13, 2023. Supplemental information
(carport/trash enclosure elevations,site plan)was received May 16,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 28, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 25,2019,the Eagle City Council approved a rezone from CBD(Central Business District)to
CBD-DA-P(Central Business District with a development agreement—PUD), conditional use permit,
preliminary development plan,and preliminary plat for Molinari Park Subdivision(RZ-07-18/CU-03-
18/PPUD-02-18/PP-06-18).
On January 12, 2021, the Eagle City Council approved a design review application for the common
area landscaping within Molinari Park Subdivision(DR-18-20).
On December 8, 2020, the Eagle City Council denied a design review application for a subdivision
entry monument sign for Molinari Park Subdivision(DR-53-20).
On December 9, 2020, the Eagle City Council approved a preliminary plat extension of time for
Molinari Park Subdivision(EXT-16-20).
On February 12, 2021, the Eagle City Council approved a final development plan and final plat for
Molinari Park Subdivision No. 1, a 41-lot (34-buildable, 7-common), mixed use subdivision(FPUD-
04-20&FP-04-20).
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On February 8, 2022,the Eagle City Council approved a design review application for 17 townhome
buildings(91-units)within Molinari Park Subdivision(DR-60-21).
On May 10, 2022, the Eagle City Council denied a design review application for three apartment
buildings and common area landscaping within Molinari Park Subdivision(DR-19-22).
On January 10, 2023, the Eagle City Council approved a development agreement modification and
planned unit development modification to modify the development agreement concept plan and
preliminary development plan site plan associated with the multi-family portion of Molinari Park
Subdivision(RZ-07-18 MOD/CU-03-18 MOD2/PPUD-02-18 MOD).
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown, Scenic CBD-DA-P(Central Business Vacant land
Corridor,Public/Semi- District with a development
Public agreement—PUD)
Proposed No Change No Change Retail and multi-family
residential buildings
North of site Downtown, Scenic CBD(Central Business East Plaza Drive,Paddy
Corridor District) Row Subdivision
(residential),mobile home
parks,and a storage
facility
South of site Commercial,Mixed Use, C-3-DA(Highway Business State Highway 44 and
Scenic Corridor, District with a development Eagle River Development
Public/Semi-Public agreement)and MU-DA
(Mixed Use with a
development agreement)
East of site Downtown, Scenic CBD(Central Business Mobile home park, storage
Corridor District)and MU(Mixed facility,commercial
Use) subdivision(Merrill
Subdivision No. 2 and No.
4)
West of site Downtown, Scenic CBD(Central Business Senior living facility and
Corridor,Public/Semi- District)and CBD-DA office building(Lot 1,
Public (Central Business District Block 1,Forum
with a development Subdivision)
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located in the Community Entry Development Area(CEDA).
H. URBAN RENEWAL DISTRICT: Yes.
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I. EXISTING SITE CHARACTERISTICS: The site is developed with curb, gutter, and sidewalk along
East Plaza Drive and throughout the development. The site has mature trees near the park area within
the overall development and the common area landscaping for phase 1 is being installed.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 7.16-acres(311,889-square feet) 500-square feet(minimum)
Percentage of Site Devoted to 19.3% (approximately) 20%(minimum)to 85%
Building Coverage (maximum)*
Percentage of Site Devoted to 22%(approximately) 15%(minimum)
Landscaping
Number of Parking Spaces 406-total parking spaces 404-parking spaces total
Incl. 200-covered parking spaces, 114- (minimum), incl.200-
standard parking spaces,26-compact covered parking spaces, 50-
parking spaces, 15-joint parking spaces guest parking spaces,and
(Residence Inn),and 51-parking spaces 4-parking spaces for retail
within Molinari Park Development for
guest parking spaces and 4-parking
spaces for retail]
*Note:Lot coverage required within the CEDA overlay district.
Building A
SITE DATA PROPOSED REQUIRED
Front Setback(East/South) 433-feet/380-feet 20-feet(minimum)*
Rear Setback(North) 1-foot,4-inches 0-feet(minimum)
Side Setback(East) 277-feet 10-feet(minimum)*
Side Setback(West) 15-feet, 3-inches 10-feet(minimum)*
*Note: Setbacks required within the CEDA overlay district.
Building B
SITE DATA PROPOSED REQUIRED
Front Setback(East/South) 448-feet/96-feet,3-inches 20-feet(minimum)*
Rear Setback(North) 250-feet, 8-inches 0-feet(minimum)
Side Setback(West) 14-feet, 10-inches 10-feet(minimum)*
Side Setback(East) 349-feet 10-feet(minimum)*
*Note: Setbacks required within the CEDA overlay district.
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Building C
SITE DATA PROPOSED REQUIRED
Front Setback(West/North) 353-feet/23-feet, 6-inches 20-feet(minimum)*
Rear Setback(South) 318-feet 0-feet(minimum)
Side Setback(East) 65-feet 10-feet(minimum)*
Side Setback(West) 301-feet 10-feet(minimum)*
*Note:Setbacks required within the CEDA overlay district.
K. PARKING ANALYSIS:
Number of Units: 200 units
Studio: 18
One bedroom: 79
Two bedroom: 89
Three bedroom: 10
Live/Work: 4(227-square feet of commercial space per unit[located within Buildings B and C]
Retail: 1,000-square feet(located within Building A)
• Eagle City Code Section 8-4-5 requires:
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.
Studio/One Bedroom: 97-units — 145.5-parking spaces (incl. 97-covered parking spaces) plus 24.25-
guest parking spaces
Two/Three Bedroom:99-units— 198-parking spaces(incl.99-covered parking spaces)plus 24.75-guest
parking spaces
Live/Work [1-bedroom]: 4-units — 6-parking spaces (incl. 4-covered parking spaces) plus 1.0-guest
parking spaces
Retail: 1 parking space per 250-square feet of gross floor area
1,000-square feet/250=4-parking spaces
Total parking spaces required:404-parking spaces required[incl.200-covered parking spaces,50-guest
parking spaces, and 4-parking spaces for retail]
Proposed Onsite Parking Spaces: 340-parking spaces [incl. 200-covered parking spaces]
Proposed Offsite Parking Spaces: 66-parking spaces [incl. 50-guest parking spaces and 4-parking
spaces for retail]
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct three apartment buildings.
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Height and Number of Stories of Proposed Buildings:
Building A=45'
Building B=45'
Building C=45'
Gross Floor Area of Proposed Buildings:
Building A= First Floor- 17,238-SF(including 1,000-SF retail)
Second Floor- 12,330-SF
Third Floor- 17,238-SF
Fourth Floor- 15,617-SF
Total - 61,423-SF
Building B= First Floor- 21,002-SF
Second Floor- 21,002-SF
Third Floor- 21,002-SF
Fourth Floor- 19,680-SF
Total- 82,686-SF
Building C= First Floor- 22,255-SF
Second Floor- 22,255-SF
Third Floor- 22,255-SF
Fourth Floor- 21,042-SF
Total- 87,807-SF
On and Off-Site Circulation:
An 86,374-square foot(approximately)paved parking lot provides parking for vehicles using this site.
Two 24-foot wide private roads located west and east of the site provide access to the site from East
Plaza Drive.
M. BUILDING DESIGN FEATURES:
Building A
Roof: Single ply(White)
Walls: Summit brick veneer (Steel City), Hardie board vertical panel siding (SW7069 Iron Ore),
stucco/fine finish(SW6001 Grayish, SW7746 Rushing River)
Windows/Doors: Vinyl Kawneer storefront(Dark Bronze)
Fascia/Trim: metal coping/steel accents(SW7069 Iron Ore)
Building B
Roof: Single ply(White)
Walls: Summit brick veneer (Steel City), Hardie board vertical panel siding (SW7069 Iron Ore),
stucco/fine finish(SW6001 Grayish, SW7746 Rushing River)
Windows/Doors: Vinyl Kawneer storefront(Dark Bronze)
Fascia/Trim: metal coping/steel accents(SW7069 Iron Ore)
Building C
Roof: Single ply(White)
Walls: Summit brick veneer (Steel City), Hardie board vertical panel siding (SW7069 Iron Ore),
stucco/fine finish(SW6001 Grayish, SW7746 Rushing River)
Windows/Doors: Vinyl Kawneer storefront(Dark Bronze)
Fascia/Trim: metal coping/steel accents(SW7069 Iron Ore)
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N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees exist along East Plaza Drive. Street trees were approved along the private
streets adjacent to this site that will be installed as part of the overall common area landscaping for the
Molinari Park development(DR-18-20).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 11% is proposed.
O. TRASH ENCLOSURES:
Three (3) 204-square foot trash enclosures are proposed to be located near the southeast corner of
Building A, Building B, and south of Building C. The enclosures are proposed to be constructed of
CMU walls with stucco overlay and metal gates; all of which will match the materials and colors used
in the construction of the buildings.
P. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
Q. 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.
R. 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 building permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
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Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Historic Preservation Commission
Eagle Park,Pathway, and Recreation
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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
the City, and where possible, enhance the continuity of thematically common architectural
features;
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;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
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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 commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core.A variety of business,public,quasi-public,cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within district is the only place to utilize
the CBD zoning designation.Other zones within Downtown Eagle may include Mixed Use,
Residential,Commercial and Professional Office.
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. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
Public/Semi-public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted.
All development within this land use is encouraged to be designed to accommodate the different needs,
interests, and age levels of residents in matters concerning both recreation and civil activities.
The public/semi-public land use designation is not a residential land use designation. When a project
or development is designed that contains or is adjacent to land holding a public/semi-public land use,
this land will not be included when calculating the allowable residential density. Projects that hold a
residential designation that want to provide or dedicate amenities similar to those allowed in the
public/semi-public designation may transfer unused density from these areas to other areas within the
development, as approved by the City Council through the Planned Unit Development process as
defined in the comprehensive plan.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project.
As the Concept Plan evolves,the City understands and agrees that certain changes in that concept
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may occur. If the City determines that any such changes require additional public comment due
to potential impacts on surrounding property or the community,a public hearing shall be held on
any proposed changes in the Concept Plan, notice shall be provided as may be required by the
City.
However,the residential portion of this development proposal is recognized by Eagle and Owner
as a desired component to the development. A residential component of similar size and area to
that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.8 The townhomes shall be constructed utilizing a style of architecture compatible with"Italianate"
as shown on Exhibit D. The multi-family dwellings shall be constructed utilizing Italianate"
styles of architecture as shown on Exhibit E. Commercial/retail buildings, multi-family
residential buildings,and pool house shall be required to meet the design review requirements as
set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design
Review Board approval of the detailed architectural plans for the development is required prior
to the issuance of building permits for commercial/retail buildings,multi-family residential units,
pool house,pumphouse for irrigation, and gazebos.
3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the"Dark Sky"concept of lighting.
3.15 Owner shall provide and construct,in accordance with the provisions of Eagle City Code Section
9-4-1-6,a minimum ten foot(10')wide public sidewalk along the portion of the Property located
adjacent to State Highway 44.The public sidewalk shall be constructed in phases.The first phase
from the intersection of East Cedar Ridge Street and Public Road "A" (as shown on the
preliminary plat/preliminary development plan,date stamped by the City on September 11,2018)
easterly to North Palmetto Avenue shall be constructed with Phase No. 1 of Molinari Park
Subdivision. The second phase from the west property boundary to the east phase line of Phase
No. 2 of Molinari Park Subdivision, and the final phase connecting phases 1 and 3 shall be
constructed with Phase No. 3 of Molinari Park Subdivision. The specific location and design of
the pathway shall be approved by the City of Eagle Park, Pathway and Recreation Commission
prior to submittal of a design review application. The public sidewalk shall be located in a
recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City
Code Section 9-4-1-6(E)(2).The instrument number of the recorded easement or easements shall
be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public
sidewalk is located.
3.16 The parking ratio for the multi-family residential units shall be in conformance with Eagle City
Code Section 8-4-5. Public parking shall be permitted on the private streets.
3.19 The multi-family units located adjacent to Private Road"D"and Private Road"E"(as
identified on the preliminary plat/preliminary development plan, date stamped by the City on
October 9, 2019)shall have live/work commercial space located adjacent to the private roads.
C. PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT CONDITIONS OF
APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
8. The required setbacks for the townhomes and apartments shall be as follows:
Front
Lots 1-15,Block 1 9-feet(+/- 11-feet to sidewalk)
Lots 17-19&21-23, Block 1 7-feet
Lots 15-18&20-23, Block 2
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Lots 26-33 &35-43,Block 2
Lots 58-62,Block 2
Lots 64-70,Block 2
Lots 24-32, Block 1 10.5-feet(+/- 10-feet to sidewalk)
Lots 2-11,Block 2
Lots 33-35,Block 1 8-feet(+/- 7.5-feet to sidewalk)
Lots 45-47,Block 2
Lots 49-56,Block 2 16.5-feet(+/- 7.5-feet to sidewalk)
Rear(at access drives/alleys)
Lots 25-33, Block 1 5.5-feet(+/-6-feet to curb)
Lots 2-11,Block 2
All Other Lots 7.5-feet(+/- 8-feet to curb)
Interior Side 0-feet
Exterior Side 5-feet(No additional setback for multi-story structures)
Minimum Building Separation 20-feet
Maximum Lot Coverage 85%
All remaining setbacks shall be in conformance with Eagle City Code Section 8-2A-6(E)(3).
9. The maximum building height of the structures shall be as follows:
• Multi-family—45-feet(4-stories)
12. Provide a revised preliminary plat/preliminary development plan showing the required covered
parking spaces to be integrated into the design of the buildings. The revised preliminary
development plan/preliminary plat shall be provided prior to submittal of a design review
application. (ECC 8-4-5)
25. Provide a revised preliminary plat/preliminary development plan showing attached sidewalks a
minimum of 10-feet in width located adjacent to the commercial businesses within the multi-family
area (Lot 73, Block 2). The revised preliminary plat/preliminary development plan shall be
provided prior to submittal of a design review 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 Section 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
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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 8-2A-6(E): Community Entry Development Area:
1. Purpose: To provide a sense of entry into the city and transition development into the central
business district in support of the comprehensive plan.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8-2-4 of this chapter,the setback requirements below shall
control.
a. Front building setbacks from the property line shall be twenty feet(20')minimum.
b. Side building setbacks shall be ten feet(10')minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city encourages
joint efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment, seating,flowers/shrubs/all tree displays in movable planters,outdoor
dining,plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%)and a maximum of eighty five percent(85%)in which case off site parking shall
be provided for.
• 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 property line of any residentially zoned parcel of land or parcel of
land used for residential purposes.
• Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be considered
as providing parking spaces for any other use except where a joint/collective parking facility
has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or exceed
the level that can be expected if a joint/collective parking facility was not requested;
and
e. If a public transit system serves the area,the applicant may provide documentation
showing that the parking demand will be reduced.
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2. The proposed reduction of required spaces,applicable to each use, shall be shown by the
applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located,but shall be located no further than that permitted by subsection 8-4-4-1 A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are in
operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use,approved by the city
attorney as to form and content,and such agreement,when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy,whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses
has not been provided;
d. A provision stating that the city council,may for due cause and upon notice and
hearing,unilaterally modify,amend,or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in an
effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent(20%)of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty
percent(20%)of the sum of the number required for each use served unless a conditional
use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
E. DISCUSSION:
• The applicant js requesting design review approval for three(3)apartment buildings(one—61,423-
SF [including 1,000-SF retail], one—82,686-SF, one—87,807-SF) and common area landscaping
within Molinari Park Subdivision.The applicant's justification letter states the building designs are
from the Italianate style of architecture as outlined in the Eagle Architecture and Site Design Book.
The buildings have a common theme with a mixture of brick, stucco, and siding masses. The
overhead steel lattice assemblies connecting the primary building and parking structures is an
extension of the buildings architecture. Staff defers comment regarding the building designs,
materials,and colors to the Design Review Board.
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The proposed buildings should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed buildings should be
designed to 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, and 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. Staff
defers comment of the proposed buildings regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The site photometric plan shows round surface mounted lighting proposed to illuminate the covered
parking areas;however, it's unclear if the source of the light will be visible.Pursuant to Eagle City
Code Section 8-4-4-2(A)(3),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) should 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 property line of any
residentially zoned parcel of land or parcel of land used for residential purposes. The applicant
should be required to provide a detail showing the location of the lighting on the carports and how
the lighting is screened to comply with Eagle City Code Section 8-4-4-2(A)(3). The detail should
be reviewed and approved by staff prior to the issuance of a zoning certificate.
• The site and landscape plan show the sidewalks adjacent to the live/work units within Building B
at 6-feet, 6-inches in width. Pursuant to preliminary development plan and preliminary plat
condition no. 25, sidewalks located adjacent to commercial business to be a minimum of 10-feet
wide. The applicant should be required to provide a revised site and landscape plan showing the
sidewalks in front of the live/work units located in Building B to be a minimum of 10-feet wide.
The revised site and landscape plan should be reviewed and approved by staff prior to the issuance
of a zoning certificate.
• The applicant is proposing to utilize rooftop mechanical units.A roof plan was received;however,
a cross section showing the rooftop mechanical units screen by the parapet walls was not received.
Pursuant to Eagle City Code Section 8-2A-6(A)(5), all rooftop mechanical units, pipes, vents,
access ladders, etc. are required to be screened at eye level by the parapet walls. The applicant
should be required to provide a cross section of building showing the rooftop mechanical units,
vents, pipes, access ladders, etc, are completely screened from view at eye level by the parapet
walls.The cross section should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The site and landscape plan show pathway connections from Private Roads D and E to the pathway
adjacent to East Plaza Drive. Pursuant to the Parks, Pathways, and Recreation Commission
recommendation, all connections to pathways, sidewalks, or roadways, are to be radiused a
minimum of 8-feet. The applicant should be required to provide a revised site and landscape plan
showing all connections to pathways, sidewalk,and roadways,radiused a minimum of 8-feet. The
revised site and landscape plan should be reviewed and approved by staff prior to the issuance of a
zoning certificate.
• The overall parking exhibit sheet shows 15 of the required parking spaces for the multi-family
apartments located on the hotel property located east of the site. Pursuant to Eagle City Code
Section 8-4-4-3,the applicant may enter into a joint parking agreement with the property to the east
for the 15-parking spaces provided the shared parking spaces service the uses without conflict.The
applicant should be required to provide a recorded joint parking agreement between the Molinari
Park Subdivision multi-family development and the hotel site to the east for 15-parking spaces.
The joint parking agreement should be received prior to the issuance of a zoning certificate.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and 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 May 25, 2023, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the design,materials,and colors of the buildings.
• The Board is in favor of the proposed landscaping.
• The Board is in favor of the proposed layout of the apartment buildings and recommended mailboxes
be located in each building subject to USPS approval.
BOARD DECISION:
The Board voted 3 to 1 (Lindgren and Mihan recused;Duperault against; Grubb absent)to recommend
approval of DR-18-23 for a design review application for three apartment buildings [including 1,000-
square feet of retail] and the common area landscaping within Molinari Park Subdivision,with the
following site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document,dated June 8,2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 27,2023,at which time
the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-18-23 for a design review application for three apartment
buildings [including 1,000-square feet of retail] and the common area landscaping within Molinari Park
Subdivision,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-07-18 MOD/CU-03-18 MOD2/PPUD-02-18 MOD and
DR-18-20.
2. Provide a detail showing the location of the lighting on the carports and how the lighting is screened to
comply with Eagle City Code Section 8-4-4-2(A)(3). The detail shall be reviewed and approved by
staff prior to the issuance of a zoning certificate.
3. The landscape plan, date stamped by the City on May 25, 2023, showing a 10-foot wide sidewalk in
front of Building B live/work units is approved.
4. Provide a cross section of building showing the rooftop mechanical units,vents, pipes,access ladders,
etc, are completely screened from view at eye level by the parapet walls. The cross section shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
5. The landscape plan, date stamped by the City on May 25, 2023, showing all connections to pathways,
sidewalks, and roadways radiused a minimum of 8-feet is approved.
6. Provide a recorded joint parking agreement between the Molinari Park Subdivision multi-family
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development and the hotel site to the east for 15-parking spaces. The applicant shall work with the
adjacent property to provide a pedestrian connection(i.e. pavers/stepping stones)from the 15-parking
spaces to Private Road E (so as to not disturb the landscaping). The joint parking agreement shall be
received prior to the issuance of a zoning certificate.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. 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.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No ground mounted mechanical units are proposed with this application, and none are approved.
12. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building.
13. No signs are proposed with this application,and none are approved.
14. The applicant shall work with USPS to locate mailboxes in each apartment building (subject to
Postmaster approval).
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
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
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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
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
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first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
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. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
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"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes 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-18-23) 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:
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 three apartment buildings [incl. 1,000-SF retail], and common area
landscaping is permitted with the approval of a design review application within the CBD-DA-P
(Central Business District with a development agreement-PUD)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 apartment buildings are designed with
the Italianate architectural style and 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 the site meets the required parking for three
apartment buildings;
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
apartment buildings have been designed to complement the buildings currently under construction
in the general vicinity;
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 building is
designed with the Italianate style of architecture as required within the development agreement;
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F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the buildings are in conformance with the required setbacks and height
approved within the development agreement;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since there are pathways
throughout the development and the parking lot has been designed with connectivity to the
buildings and roadways;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area;and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the buildings, and will not cover nor detract from
desirable architectural features.
DATED this 27`1' day of June 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jas fierce,Mayor
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