Findings - CC - 2019 - DR-14-19 - Design Review For The Common Area Landscape & Pool HouseBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING AND POOL HOUSE
WITHIN TRUMAN COVE SUBDIVISION NO. 3
FOR JOHN RENNISON
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -14-19
The above -entitled design review application came before the Eagle City Council for their action on April
9, 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:
John Rennison with Rennison Companies is requesting design review approval for the common area
landscaping and pool house within Truman Cove Subdivision No. 3. The 4.03 -acre site is located on
the south side of State Highway 44 approximately 705 -feet south of the intersection of State Highway
44 and South Ancona Avenue at 2035 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 7, 2019.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 12, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lakes
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, the Zoning Administrator approved a lot line adjustment (associated with the
subject site) for TPC Brooklyn Park, Investors, LLC (LLA -01-17).
On September 11, 2018, the City Council approved a development agreement (in lieu of a PUD)
modification and preliminary plat modification for Truman Cove Subdivision (fka Eagle Lakes
Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi -family [consisting of
250 -units], 12 commercial, 10 -common, and 1 -private street) subdivision. The subdivision
modification includes 327 -units, 110 -lots (77 -single-family, 6 -multi -family [consisting of 250 -units],
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12 -commercial, and 15 -common [consisting of 1 -private street, 1 -private alley, and 1 -access drive])
(RZ-10-15 MOD2 & PP -07-15 MOD).
On November 13, 2018, the City Council approved a design review application for the common area
landscaping and entry feature within Truman Cove Subdivision No. 2 (DR -34-18).
On January 8, 2019, the City Council approved a modification to Condition of Development #3.6 of
the rezone development agreement associated with the approved Truman Cove Subdivision (RZ-10-15
MODS).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Mixed Use and Scenic
Corridor
ZONING
DESIGNATION
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
No Change No Change
North of site Mixed Use
South of site Mixed Use
East of site Mixed Use
West of site Mixed Use
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
MU -DA (Mixed Use with
Development Agreement [in
lieu of a PUD])
LAND USE
Undeveloped property
(Truman Cove
Subdivision)
Single-family residential
(attached and detached)
Truman Cove Subdivision
No. 1
Proposed Truman Cove
Subdivision No. 2
Eagle Lakes Apartments
Proposed Truman Cove
Subdivision No. 2
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: Yes
I. EXISTING SITE CHARACTERISTICS: The site has not been developed.
J. SITE DATA:
Total Acreage of Site — 4.03 -acres
Total Number of Lots — 40
Residential — 33
Commercial — 0
Industrial — 0
Common — 7
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Total Number of Units - 33
Single-family — 33 (5 -detached, 28 -attached)
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
K. GENERAL SITE DESIGN FEATURES (SUBDIVISION):
Open Space:
A total of 38.03 -acres (50.7%) of open space is proposed within the overall development. The open
space consists of a large pond for recreation (boats and fishing), greenbelt pathway, two (2) swimming
pools, clubhouse, pool house, beach area, two (2) tot lots, shelters, firepits, and pathways located
throughout the development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat site plan, date stamped by the City on April 24, 2018, indicates the proposed
easements. The proposed easements are reduced from the width (12 -feet) typically required pursuant to
Eagle City Code to allow for reduced setbacks.
Fire Hydrants and Water Mains:
The preliminary plat shows 7 -fire hydrants located within the modified area. The hydrants should be
installed and approved as required by the Eagle Fire Department. The proposed development is located
within the Eagle Water Company water service area.
On-site Septic System (yes or no) — Yes
The site contained a residential dwelling that was removed from the site between April of 2015 and April
of 2016. The residential dwelling was formerly served by a septic system and it is unknown if the septic
system was properly abandoned. The applicant will be required to provide correspondence from the
project engineer indicating the septic system was properly abandoned.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
L. BUILDING DESIGN FEATURES (POOL HOUSE):
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one building to be utilized as a pool house.
Height and Number of Stories of Proposed Buildings:
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The applicant is proposing an approximately 17 -feet high single -story pool house.
Gross Floor Area of Proposed Buildings:
The proposed pool house is approximately 1,232 -square feet.
On and Off -Site Circulation (Subdivision):
A 1,368 -square foot and 342 -square foot paved parking area will provide parking for residents and
guests of the subdivision. One 21 -foot wide drive aisle provides entry into the gated subdivision. One
14 -foot wide drive aisle provides access to exit the gated subdivision.
On and Off -Site Circulation (Pool House):
A 4,140 -square foot (approximately) paved parking lot will provide parking for vehicles using the pool
house. One 29 -foot wide drive aisle provides access to and from the pool house parking lot.
M. POOL HOUSE DESIGN FEATURES:
Roof: Metal (Galvalume)
Walls: Stucco (CSP -755 Dusty Miller), reclaimed wood, steel/metal (HC -145 Hale Navy) Brick Veneer
(Chalk Dust)
Windows/Doors: Painted steel (HC -145 Hale Navy BM)
Fascia/Trim: Painted steel (HC -145 Hale Navy BM)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Existing tree removal and mitigation was
approved with design review application DR -58-15 which encompassed the entire 75 -acre site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the private streets.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
O. TRASH ENCLOSURES:
An individual tote will be utilized for the pool house and will be stored in the utility room.
P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units located adjacent to the attached
single-family units and adjacent to the pool house. The ground mounted mechanical units are
proposed to be screened by landscaping.
Q. OUTDOOR LIGHTING:
A site plan, landscape plan, and detailed lighting cut sheets were provided identifying the locations of
street lights throughout the subdivision. The height, style, color, wattage, and illumination type of the
streetlights comply with Eagle City Code Section 8-4-4-2.
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
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located within the Eagle Water Company 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 — Yes Evidence of Erosion — None identified to date
Fish Habitat — Yes — Ponds located adjacent to the site
Floodplain — Yes — Applicant has submitted a floodplain development permit (FPDP-01- 1 5)
Mature Trees — No
Riparian Vegetation — No
Steep Slopes — None
Stream/Creek — No
Unique Animal Life — None identified to date
Unique Plant Life — No
Unstable Soils — None identified to date
Wildlife Habitat — Yes — Pond adjacent to the site
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
See Environmental Assessment Plan (addressed with the original preliminary plat approval PP -07-15)
(attached to the staff report)
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Eagle Sewer District
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take way from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.3 The total number of residential units on the Property shall not exceed 319 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design
Review process and future conditional use permits for the residential development will not be
required.
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
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uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever
the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and
all uses shown as "C" conditional uses under the MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses or prohibited under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be permitted uses on the Property:
• Apartment
• Multi -family dwelling
• Daycare Center
• Coffee Shop with Drive Up Service
• Commercial Entertainment Facilities (Indoor and Outdoor)
• Drugstore with Drive Up Service
■ Hotel
• Nursing/Convalescent Home
• Parking Lot, Parking Garage, Commercial
• Retail Sales (General)
• Retail Sales (Limited)
• Smoothie/Juice Shop with Drive Up Service
• Storage (Enclosed Building)
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
■ Automotive washing facility;
■ Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
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• Small Engine Repair;
• Storage (fenced area);
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, pool house, and, children's play areas)
shall be required design elements as part of the final design for the site.
3.11 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.12 The single-family dwellings shall be constructed utilizing "Contemporary Prairie and/or Modern
Farmhouse" style architecture as shown on Exhibit F. The multi -family dwellings shall be
constructed utilizing "Craftsman" style architecture as shown on Exhibit G. 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&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
may be stipulated by the Eagle Design Review Board and Eagle City Council.
LINDGREN.L 'BRIE
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IINOGREN LAERIE
3.13 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.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape islands and
all common areas throughout the development, 3) landscape screening details and buffering for
the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area
structures and in-igation pump house (if proposed), 5) landscape screening details of the
irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters,
benches, playground equipment, gazebos, fire pits, and/or similar amenities, 7) design of ponds
to be constructed in reference to mosquito abatement. The design review application shall be
reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat
application.
3.17 All buildings shall be setback from the floodway line in accordance with Title 10 of Eagle City
Code.
3.24 Provide a revised preliminary plat showing the buildings containing the multi -family dwellings
(single-family attached) separated a minimum of 20 -feet in width. The revised preliminary plat
shall be provided prior to submittal of a final plat application.
C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHiCH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height.
A fence permit is required prior to construction of a fence in any of these locations.
13. Provide a revised preliminary plat showing the sidewalk and Eagle Water Company's water line
located between Lots 73 and 74, Block 4, located within a common lot which is a minimum of 10 -
foot in width. The revised preliminary plat shall be provided prior to submittal of a design review
application.
14. Provide a revised preliminary plat modification showing the sidewalks, which are not located
adjacent to a street, a minimum of 6 -feet in width. The revised preliminary plat modification shall
be provided prior to submittal of a design review application.
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18. Provide a revised preliminary plat showing the access drives (shown in the townhome area) as
private streets. The private streets should be designed and constructed to be in conformance with
Eagle City Code Section 9-3-2-5: Private Streets. The revised preliminary plat shall be provided
prior to submittal of a final plat application.
19. The applicant shall be required to post "NO PARKING" signs at the north end of the turnaround
area located on Lot 59, Block 4, between Lots 48 and 60, Block 4. The "NO PARKING" signs
shall be posted prior to the City Clerk signing the final plat.
24. The applicant shall submit a design review application showing at a minimum: 1) proposed
subdivision signage, 2) planting details within the landscaped islands and all common areas
throughout the subdivision, 3) building elevation plans for all proposed common area structures
and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house
(if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or
similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7)
proposed style of fencing. The design review application shall be reviewed and approved by the
Eagle Design Review Board and Eagle City Council prior to the submittal of final development
plan/final plat applications. (ECC 8-2A-7)
25. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located in a 6 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Root barriers in accordance with ACHD requirements or equivalent shall be
utilized to minimize damage to the adjacent to sidewalks. The style of root barrier shall be reviewed
and approved by staff prior to installation. Prior to the City Clerk signing the final plat the applicant
shall either install the required trees, sod, and irrigation or provide the City with a letter of credit
for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping.
26. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the City Forester and the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the
City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing
shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to
be preserved, prior to the commencement of any construction on the site.
27. All overhead utilities on the site should be removed and/or placed underground prior to the City
Clerk signing the final plat.
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
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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(7)(K)(4): Parking Lot Interior Landscaping:
b. Additional Requirements:
(I) No interior planter shall be less than five feet (5') in any dimension.
(5) A terminal island for a single row of parking spaces shall be landscaped with at least one
tree and shrubs, ground cover, or grass. A terminal island for a double row of parking
spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass.
E. DISCUSSION:
• Sheet L1.2 of the landscape plan identifies a patio area north of the easternmost townhomes,
however, details of the patio area were not provided. The applicant should be required to provide
a revised landscape plan showing details of the proposed patio area. The revised landscape plan
should be reviewed and approved by staff and one member of the Design Review Board prior to
approval of the final plat application.
11091°
relt kwict !hair
• Sheet C1.0 identifies a gated emergency vehicle access for fire access located north of the
townhomes is utilizing a sliding gate, however, a detail of the gate was not provided. The
applicant should be required to provide a detail of sliding gate located at the emergency vehicle
access point north of the townhomes and comply with Eagle Fire Department requirements for
the gated emergency vehicle access. The detail of the sliding gate should be reviewed and
approved by staff and one member of the Design Review Board prior to approval of the final plat
application.
• Sheet L1.1 of the landscape plan identifies a water feature and what appears to be a bridge over
the water feature connecting the sidewalks, however, details of the water feature and bridge were
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not provided. The applicant should be required to provide a revised landscape plan showing
details of the water feature and bridge located southeast of the westernmost townhomes. The
revised landscape plan should be reviewed and approved by staff and one member of the Design
Review Board prior to approval of the final plat application.
• Sheet LI.1 of the landscape plan identifies a parking area south of the emergency vehicle access
point at the northernmost area of the subdivision with interior landscape planters on each end,
however, no landscaping is shown. Pursuant to Eagle City Code Section 8-2A-7(K)(4)(b)(5), a
terminal island for a single row of parking spaces shall be landscaped with at least one tree and
shrubs. In addition, the southern interior landscape planter is three -feet wide. Pursuant to Eagle
City Code Section 8-2A-7(K)(4)(b)(1), interior planters are required to be a minimum of five -feet
wide. The applicant should be required to provide a revised landscape plan showing one tree and
shrubs located in each parking area interior landscape planter and the southern interior landscape
planter to be a minimum of five -feet in width for the parking area located south of the emergency
vehicle access point. The revised landscape plan should be reviewed and approved by staff and
one member of the Design Review Board prior to approval of the final plat application.
• The applicant is requesting design review approval of the common area landscaping and pool and
pool house for Truman Cove Subdivision No. 3. The applicant's justification letter states that the
pool house has been designed to meet the Contemporary Prairie School style of architecture as
identified within the Eagle Architecture and Site Design book and approved through the
development agreement. Staff defers comment regarding building design and colors to the Design
Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on March 14, 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 2:04:45)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the architecture and variety of materials used on the pool house to represent
the Prairie School architectural style.
• The Board is in favor of the common area landscaping; however, they requested additional evergreen
plantings around the ground mounted mechanical units.
BOARD DECISION:
The Board voted 7 to 0 to recommend approval of DR -14-19 for a design review application for the
common area landscaping and pool house within Truman Cove Subdivision No. 3 for John Rennison,
with the site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document, dated March 28, 2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on April 9, 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 -14-19 for a design review application for the common area
landscaping and pool house within Truman Cove Subdivison No. 3 for John Rennison, 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- 1 0-15 MOD2, PP -07-15 MOD, and RZ-10-15 MOD3.
2. Provide a revised landscape plan showing details of the proposed patio area. The revised landscape
plan shall be reviewed and approved by staff and one member of the Design Review Board prior to
approval of the final plat application.
3. Provide a detail of sliding gate located at the emergency vehicle access point north of the townhomes
and comply with Eagle Fire Department requirements for the gated emergency vehicle access. The
detail of the sliding gate shall be reviewed and approved by staff and one member of the Design
Review Board prior to approval of the final plat application.
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4. Provide a revised landscape plan showing details of the water feature and bridge located southeast of
the westernmost townhomes. The revised landscape plan shall be reviewed and approved by staff and
one member of the Design Review Board prior to approval of the final plat application.
5. Provide a revised landscape plan showing one tree and shrubs located in each parking area interior
landscape planter and the southern interior landscape planter to be a minimum of five -feet in width
for the parking area located south of the emergency vehicle access point. The revised landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to
approval of the final plat application.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide a lighting plan for the exterior lighting proposed on the pool house. Detailed cut sheets
showing the style, wattage, luminaries, etc. shall be provided. The lighting plan and detailed cut
sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
13. Provide a revised landscape plan or building elevations showing evergreen plant material to be
planted or screen walls to be constructed around the ground mounted mechanical units. The revised
landscape plan or building elevations shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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
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project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
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.
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11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
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.
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21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -14-19) 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 common area landscaping and a pool house are permitted with the
approval of a design review application within the MU -DA (Mixed Use with a development
agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity and the pool house is design with materials and colors associated
with the Prairie School style of architecture;
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
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uses as anticipated within the zoning district since a parking lot with 10 -parking spaces has been
provided for the pool house and an additional 7 -parking spaces have been provided for guest
parking;
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
pool house has been design with quality materials that are consistent with the Prairie School style
of architecture;
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
pool house is in conformance with the Eagle Architecture and Site Design Book and has been
designed to compliment the general vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed pool house is in conformance with the required setbacks and
height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with walkways throughout the subdivision;
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 since there
are walkways and amenities for the residence throughout the subdivision; 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 9th day of April 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
-1
Stan Ridgeway, Mayor
ATTEST:
k_rx,t—_,2 0
"-Sharon K. Bergmann, Eagle City lerk
Reconsideration Notice Applicant has the right. pursuant to Section 67-6535. Idaho Code. to request a reconsideration within
fourteen (14) days of the final written decision.
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