Findings - CC - 2019 - DR-58-15 - Modify The Apt Bldgs Within The Lakes At Eagle Aprartment ComplexORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY THE )
APARTMENT BUILDINGS WITHIN THE LAKES )
AT EAGLE APARTMENT COMPLEX FOR )
EAGLE LAKES ASSOICATES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -58-15 MOD4
The above -entitled design review application came before the Eagle City Council for their action on
February 26, 2019. 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:
Eagle Lakes Associates, LLC, represented by Douglas Gibson with DG Group Architecture, is
requesting design review approval to modify the building elevations of the apartment buildings within
the Lakes at Eagle apartment complex. The changes to the buildings include the following: changing
the style and color of the garage doors, removing the trellis' from above the garage doors, changing the
trim color around the garage doors, and painting the shutters to match the new color of the garage doors.
The 11.17 -acre site is located on the south side of East Riverside Drive, approximately 1,129 -feet west
of the intersection of State Highway 55 and State Highway 44 at 2411 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 20, 2018.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lake
Subdivision (RZ-10-15 and PP -07-15).
On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes
Subdivision (DR -58-15).
On January 14, 2016, the Eagle Design Review Board approved a design review sign application for a
subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15).
On January 12, 2017, the Eagle Design Review Board approved a design review modification to modify
the common area landscaping, location of eighteen (18) apartment buildings, and clubhouse within
Eagle Lakes Subdivision (DR -58-15 MOD).
On January 30, 2017, Eagle City Staff approved a lot line adjustment (LLA -01-17).
On June 9, 2017, Eagle City Staff approved a flood plain development permit (FPDP-01-15).
On June 13, 2017, the Eagle City Council approved a final plat application for Truman Cove
Subdivision No. 1 (FP -01-17).
On July 13, 2017, the Eagle Design Review Board approved a design review application for the
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certificate of occupancy phasing for the common area landscaping, eighteen (18) apartment buildings,
clubhouse, pool, and mailbox kiosk buildings within Eagle Lakes Subdivision (DR -58-15 MOD2).
On April 10, 2018, the Eagle City Council approved a development agreement modification for TPC
Brooklyn Park Investors, LLC (RZ-10-15 MOD).
On September 11, 2018, the City Council approved a development agreement modification and
preliminary plat modification for Truman Cove Subdivision (formerly known as Eagle Lakes
Subdivision) for TPC Brooklyn Park Investors, LLC (RZ-10-15 MOD2/PP-07-15 MOD).
On January 8, 2019, the City Council approved a development agreement modification for Truman
Cove Subdivision (formerly known as Eagle Lakes Subdivision) for TPC Brooklyn Park Investors,
LLC (RZ-10-15 MOD3).
On January 11, 2019, the City approved a design review application for three monument signs for
The Lakes at Eagle (DR -60-15 MOD).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Mixed Use, Floodway, MU -DA (Mixed Use with
and Scenic Corridor Development Agreement)
Mixed use development
including commercial,
retail, single-family, multi-
family residential
Proposed No Change No Change No Change
North of site Business Park BP (Business Park) and MU State Highway 44, mobile
(Mixed Use) home park, and office
building
South of site Floodway and Eagle RP (Rural Preservation — Ada Boise River and vacant
Island Special Use Area County designation) parcel
East of site Mixed Use, Floodway, MU (Mixed Use) Concrete business (Idaho
and Scenic Corridor Concrete Company)
West of site Mixed Use, Floodway, MU -DA (Mixed Use) Tennis Club Plaza and
and Scenic Corridor Renovare Subdivisions
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 sidewalk
along East Riverside Drive and most of the buildings are currently under construction within the
apartment complex area with several that are complete.
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I. SITE DATA: No Change
Site Data Proposed Required
Total Acreage of Site 11.17 -acres (486,565 -SF) 0.11 -acres (5,000 -SF)
Percentage of Site Devoted to 30% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 50% (approximately) 18% (minimum in MU with
Landscaping residential uses)
Number of Parking Spaces 458 -total parking spaces
250 -covered parking (garages)
208 -parking spaces
Front Setback
Rear Setback
Side Setback
Side Setback
35 -feet (north)*
320 -feet (south)*
12 -feet (east)*
43 -feet (west)*
458 -total parking spaces**
250 -covered parking
20 -feet (minimum)
20 -feet (minimum)
12 -feet (minimum)
7.5 -feet (minimum)
*Note: Setbacks measured from the property line to the closest building.
**Note: Based on 1.85 -parking spaces/unit for phase 1 and 1.80 -parking spaces/unit for phase 2.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No change
The applicant is proposing to construct nineteen (19) buildings; 18 -residential apartments and 1 -
clubhouse.
Height and Number of Stories of Proposed Buildings: No Change
The apartment buildings will not exceed forty-one feet (41') in height and the clubhouse is twenty-two
and nine and one half inches (22' 9 t/z") in height.
Gross Floor Area of Proposed Buildings: No change
Clubhouse =
Building Type 1 =
First Floor -
Total -
First Floor -
Second Floor
Third Floor -
Total -
Building Type 2 = First Floor -
Second Floor -
Third Floor -
Total -
4,489 -SF
4,489 -SF
5,038 -SF
5,331 -SF
5,331 -SF
15,700-SF/ea x 8 = 125,600 -SF
9,958 -SF
10,543 -SF
10,543 -SF
31,044-SF/ea x 2 = 62,088 -SF
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Building Type 3 = First Floor - 8,983 -SF
Second Floor - 9,545 -SF
Third Floor - 9,545 -SF
Total - 28,073-SF/ea x 5 = 140,365 -SF
Building Type 5 = First Floor - 3,627 -SF
Second Floor 3,805 -SF
Third Floor - 3,805 -SF
Total - 11,237-SF/ea x 3 = 33,711 -SF
On and Off -Site Circulation: No change
A 167,460 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
Two 50 -foot wide driveways are proposed to be located on the north side of this site approximately
110 -feet and 630 -feet west of the east property line providing access to East Riverside Drive.
K. BUILDING DESIGN FEATURES: Changes noted in bold
Roof: Composite shingle (Pabco "Pewter Gray")
Walls: Fiber Cement Hardi Panel with Batt and Board Accents/Lap siding/Board and Batten Siding
(Sherwin Williams - Decor White, Porpoise, Zeus, Down Home, Weathered Shingle, Portico, Night
Owl), Ledgestone (Eucalyptus)
Windows/Doors: Vinyl and Fiberglass (White and Umber Rust)
Fascia/Trim: Fiber Cement (Snowbound), Wood elements (Cedar Bark)
L. LANDSCAPING DESIGN: No change
Retention of Existing Trees and Preservation Methods: There are existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed to be located along all public and private roads within this
development.
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 entire parking area of the apartments.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES: No change
Five (5), 228 -square foot trash enclosures are proposed to be located throughout the development.
The enclosures are proposed to be constructed of split face CMU walls. The gates are proposed to be
metal and painted to complement the colors used on the buildings.
N. MECHANICAL UNITS: No change
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be located within wells in the roof area and completely screen from view by the roof.
No ground mounted mechanical units are proposed and none are approved.
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O. OUTDOOR LIGHTING: No change
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.
P. SIGNAGE: No change
No signs are proposed with this application.
Q. PUBLIC SERVICES AVAILABLE: N/A
R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — Yes — See Environmental Assessment Plan
Evidence of Erosion — None identified to date
Fish Habitat — Yes — Boise River and ponds located on-site
Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP-01-15)
Mature Trees — Yes — Located adjacent to the existing residence and within the floodway area
Riparian Vegetation — Yes — located adjacent to the Boise River
Steep Slopes — None identified to date
Stream/Creek Yes — Boise River
Unique Animal Life — None identified to date
Unique Plant Life — Yes — Riparian areas located adjacent to the Boise River and existing ponds
Unstable Soils — None identified to date
Wildlife Habitat — Yes — Located adjacent to the Boise River
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES: Included with DR -58-15.
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required
by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements
set forth in this Development Agreement. Specific design elements shall be clarified during the
platting and design review application processes. However, the streetscape as shown on the
concept plan (center landscape islands, street trees, pool, poolhouse, and, children's play areas)
shall be required design elements as part of the final design for the site.
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K:Wlanning Dept\Eagle ApplicationssDr1201511)K-58-15 MON Eagle Lakes Apt Bldg modifications ccddocx
a. The single-family dwellings shall be constructed utilizing "Craftsman" style architecture
as shown on Exhibit D. The multi -family dwellings shall be constructed utilizing
"Craftsman" style 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.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
C. 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)(6): Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be compatible
and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead structures,
awnings, changes in building facade and roofline alignment, to provide shadow relief. Avoid
monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
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building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved
examples for applicants to follow when designing for Eagle architecture.
D. DISCUSSION:
• The applicant is requesting design review approval to modify the building elevations of the
nineteen (19) apartment buildings within the Lakes at Eagle apartment complex by changing the
style and color of the garage doors, removing the trellis' from above the garage doors, changing
the trim color around the garage doors, and painting the shutters to match the new color of the
garage doors.
Below are the original and revised building elevations of Building Types 1, 2, 3, and 5. Please
note that because of copying and scanning, the colors of the buildings shown in the following two
bullet points do not match but the colors of the buildings have not changed from the original
approval with the exception a f the garage doors and shutters vltich is part of the applicant's
request within this modification.
• The applicant is requesting approval to change the style of the garage doors from a wood stained
door with decorative raised detailing to a painted paneled polymer garage door. Additionally, the
applicant is requesting approval to remove the trellis elements proposed over every garage door.
The two pictures below show the original wood stained door with raised decorative detailing and
the new painted polymer garage door with decorative score pattern. The pictures also show the
garage doors with the trellis element over each of the doors and the garage doors without the
trellis element. Staff defers comment regarding the garage door style and the trellis element to
the Design Review Board.
Original garage door style
Revised garage door style
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K \Planning Dept\taglr Apph anions\l)rr\?015\l)R-SK-15 M01141 ag le 1.aArs Apr Bldg mOJtlu.wons ect Jour
• The applicant is requesting approval to modify the color of the garage doors and shutters from
Cedar Bark stain to Umber Rust paint. Additionally, the applicant would like to paint the trim
around the garage doors Snowbound to match the trim color proposed around the windows and
doors on the rest of the buildings. The decorative wood elements on the building elevations are to
be finished with Cedar Bark stain as originally proposed and approved. Staff defers comment
regarding the change in color to the Design Review Board.
Original building elevation Building Type 1
„ 1 . uII. !I 11111 I 11 11 1 6 u. ��n�a � , �..,.. x ,....11 , 1 a 111
Revised building elevation Building Type 1
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KAN:inning lkpAhaglc Apphcauonm\I) \2n151hR•5S-15 \1111)41 41,2 1 aLr, Api Bldg nludit,ea lon, Cd dolt
Original building elevation Building Type 2
Revised building elevation Building Type 2
Original building elevation Building Type 3
Revised building elevation Building Type 3
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KABlanning Dept [Agit, ApplicatiorOd MD 15 1 )1t.5g- 1 N101/-1 Lagle Lake, Apt Bldg modint.ation, 4,1 dont
Original building elevations Building Type 5
Revised building elevation Building Type 5
E WOOD STAIN
SITRWIN WIIJMG-C t GAJiK'
OW 3S11 OR C-CU.t
EH PAINTED TRIM & GARAGE DOORS
SI4PWIN WILLIMS UM➢&R RUST SW
9100 OR EOIML
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K U'lannme Del-MI.4k Applications\Ihl?U I5l11K-5g.lS NMI 1J 1 ,tple 1 Akt, Api I1Id model ation.+ cLt doLx
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff defers comment regarding the building
architecture to the Design Review Board with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 24, 2019,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 2:25:50)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board affirmed that they liked the proposed changes regarding the trellis' being removed, the style
of the garage doors, and the color of the garage doors, shutters, and trim color. The proposed changes
do not change the quality of the design of the entire development based on the following:
o The removal of the trellis' over the garage doors provide an overall cleaner look to the
architecture of the buildings, rather than the area above the garage doors looking overcrowded
with the trellis' being located in a small space above the garage doors and below the
architectural element of the building above the garage doors.
o The change to the garage door style does not match that which was originally approved;
however, the new garage door style still provides visual interested with the proposed raised
panels and fits within the architectural style of the entire complex.
o The proposed changes to the paint colors on the garage doors, shutters, and trim around the
garage doors complement or match the colors of the apartment buildings.
BOARD DECISION:
The Board voted 4 to 1 (Grubb against; Brasher and Baer absent) to recommend approval of DR -58-15
MOD4 for a design review application to modify the apartment buildings within The Lakes at Eagle
apartment complex for Eagle Lakes Associates, 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, dated February 14, 2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 26, 2019, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -58-15 MOD4 for a design review application to modify the
apartment buildings within The Lakes at Eagle apartment complex for Eagle Lakes Associates, LLC, with
the following Design Review Board recommended site specific conditions of approval and standard
conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions within the development agreement for rezone application RZ-
10-15 and all subsequent modifications.
2. Comply with all applicable conditions of the floodplain development permit FPDP-01- 1 5.
3. Comply with all applicable conditions of the final plat for Truman Cove (FP -01-17).
4. Comply with all applicable conditions of DR -58-15 and all subsequent modifications.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. No ground mounted mechanical units are proposed and none are approved.
7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
8. No signs are proposed with this application and none are approved.
9. The elevation plans, date stamped by the City on December 20, 2018, are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
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.
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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
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.
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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. 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.
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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 -58-15 MOD4) 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 the apartment buildings are permitted with the approval of a design review
application within the MU -DA (Mixed use with development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the buildings are designed to complement the general
vicinity and provide aesthetically pleasing architect the enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking as set forth
in the development agreement and the drive aisles have been designed in conformance with Eagle
City Code 8-4-5;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
apartment buildings and clubhouse have been designed with quality materials and similar features
utilized on other building within the area and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building have been designed with quality materials and similar features utilized on other buildings
within the city and is in conformance with the Eagle Site and Architecture Design manual;
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 as allowed within the development agreement;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the applicant has
complied with the pathway requirements of the development agreement with regard to pedestrian
circulation and the parking lot has been designed with connectivity to the adjacent sites;
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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 since the
site has been designed with interconnecting pathways throughout the development; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 26th day of February 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Cit 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.
Page 16 of 16
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