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Findings - CC - 2018 - DR-12-18 - 16 Apartment Building / Clubhouse / Sportsman Restroom / Common Area Landscaping For Linder ProjectBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR 16 APARTMENT ) BUILDINGS, A CLUBHOUSE, A SPORTSMAN ) RESTROOM, AND COMMON AREA ) LANDSCAPING WITHIN THE LINDER ) PROJECT FOR THE LINDER PROJECT, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -12-18 The above -entitled design review application came before the Eagle City Council for their action on June 12, 2018, at which time public testimony was taken. The Council continued the item to July 24, 2018, and directed the applicant to participate in an informal mediation meeting to address the following concerns: 1) screen the parking spaces on the west boundary of the development, 2) reduce the height of the buildings along the west boundary of the development, 3) save existing trees along the west boundary of the development, 4) provide a berm on west boundary of the development, 5) leave small clumps of mature trees, 6) provide earth tone colors for the building located in the western area of the development, 7) address drainage and how it will be retained on site, and 8) traffic conflicts on Linder Road. Informal mediation was conducted on July 9, 2018, between the applicant, interested parties, and the City. Following mediation, the above -entitled design review application came before the Eagle City Council for their action on July 24, 2018, at which time public testimony was taken. The City Council, having heard and taken written and oral testimony, and have duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: The Linder Project, LLC, represented by Renee Strand with Holst Architecture, Inc., is requesting design review approval to construct sixteen (16) apartment buildings, a clubhouse, a sportsman access restroom, and common area landscaping within the Linder Project (seven — 24,196 -SF, four — 14,611 - SF, two — 20,880 -SF, one — 26,365 -SF, one — 14,611 -SF, one — 15,200 -SF, clubhouse — 9,133 -SF, and sportsman access restroom — 160 -SF). The 22.1 7 -acre site is located on the southwest corner of South Linder Road and West Old Valley Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 8, 2018. Revised plans were received by the City on April 4, 2018, May 2, 2018, and July 19, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on March 19, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 16, 2007, the City Council approved applications for an annexation and rezone with a development agreement for a multi -family residential condominium project for The Orchards at Eagle River (A-15-06/RZ-20-06). On May 31, 2007, the City Council approved a design review for the common area landscaping, Page 1 of 27 K:U'lanning DeptlEagle Applications1Dr120181DR-12-I8 Linder Project (Bel Air) Apartments and LS ccf.docx clubhouse facility, and 32 -duplex homes for The Orchards at Eagle (DR -18-07). On December 16, 2014, the City Council approved a development agreement modification (development agreement in lieu of a PUD) and preliminary plat for Riverscape Subdivision (RZ-20-06 MOD/PP-06-14). On April 14, 2015, the City Council approved a modification to the development agreement (in lieu of a conditional use permit) for a multi -family development (RZ-20-06 MOD2). E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. H. Existing Proposed North of site COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Mixed Use, Residential One, Floodway, and Scenic Corridor overlay No change Commercial South of site Residential Estates and Floodway East of site Mixed Use, Residential One, Floodway, and Scenic Corridor overlay West of site Mixed Use, Residential One, Residential Estates, and Scenic Corridor overlay MU -DA (Mixed Use with a Vacant parcel development agreement) No Change C 1 -DA (Neighborhood Business District with Development Agreement) RUT (Rural -Urban Transition— Ada County designation) RUT (Rural -Urban Transition— Ada County designation) R -4 -DA -P (Residential with development agreement and PUD) Multi -family residential development Vacant parcel Boise River Single-family residential subdivision (Compton Andrews Tract) a Single-family residential a subdivision (HCR/Level 3 Subdivision) DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. EXISTING SITE CHARACTERISTICS: The site is undeveloped and has a large pond at the southern end of the property. Page 2 of 27 K:1Planning DcptlLagle Application IDA2t1181UR-12-18 Linder Project (Bel Air) Apartments and LS cct docx I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 22.17 -acres (965,725 -SF) Established in the approved development agreement Percentage of Site Devoted to 13% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 25% (approximately) 15% (minimum) Landscaping Number of Parking Spaces 501 -parking spaces total 278 -covered parking spaces (60 -garages and 218 -carports) 500 -parking spaces total (minimum)** 278 -covered parking spaces Front Setback 55 -feet (East)*** 20 -feet (minimum)* Rear Setback 80 -feet (West)*** 80 -feet (minimum)**** Side Setback 38 -feet (North)*** 20 -feet (minimum)* Side Setback 153 -feet (South)*** 7.5 -feet (minimum)* *Note: Setbacks required within the development agreement (RZ-20-06 MOD2). **Note: Parking ratio of 1.8 -parking spaces per residential unit required within the development agreement (RZ-20-06 MOD2). ***Note: Setbacks measured from the property line to the closest building. ****Note: Setback required within condition of development 3.23, which required 80 -feet between building "B5" and the west property line (RZ-20-06 MOD2). J. PARKING ANALYSIS: Number of Units: 278 units One bedroom: 88 Two bedroom: 130 Three bedroom: 60 Parking ratio for this development based on the development agreement = 1.8 -parking spaces per residential unit. Total parking spaces required 278 -units x 1.8 -parking spaces = 500 -parking spaces required Total covered parking spaces required for 278 -units x 1 -parking space = 278 -covered parking spaces required Proposed Onsite Parking Spaces: 501 (60 -garages, 218 -covered parking, 223 -uncovered) K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct eighteen (18) buildings; 16 -residential apartments, 1 -clubhouse, and 1 -sportsman restroom. Height and Number of Stories of Proposed Buildings: Building O = 43' Building Q = 42' Page 3 of 27 K:II'lanning Dept\Eagle Application Dr12OI8IDR-12-18 Linder Project (IIc1 Air) Apanmcats and LS ccf.ducx Building R = 42' Building S = 43' Building T = 42' 6" (southernmost building referenced as building "B5" in the development agreement) Building X = 33' Building Y = 33' Building Z = 34' 6" Clubhouse = 32' Sportsman Restroom = 16 1/2' Gross Floor Area of Proposed Buildings: Building Type 0 = First Floor- 8,581 -SF Second Floor - 8,827 -SF Third Floor - 8,827 -SF Total - 26,235-SF/ea x 1 = 26,235 -SF Building Type Q = First Floor - 4,783 -SF Second Floor - 4,914 -SF Third Floor - 4,914 -SF Total - 14,611-SF/ea x 4 = 58,444 -SF Building Type R = First Floor - 4,783 -SF Second Floor - 4,914 -SF Third Floor - 4,914 -SF Total - 14,611-SF/ea x 1 = 14,611 -SF Building Type S = First Floor - 7,908 -SF Second Floor - 8,144 -SF Third Floor - 8,144 -SF Total - 24,196-SF/ea x 1 = 24,196 -SF Building Type T = First Floor - 7,908 -SF Second Floor - 8,144 -SF Third Floor - 8,144 -SF Total - 24,196-SF/ea x 6 = 145,176 -SF Building Type X = First Floor - 10,300 -SF Second Floor - 10.580 -SF Total - 20,880-SF/ea x 1 = 20,880 -SF Building Type Y = First Floor - 10,300 -SF Second Floor - 10,580 -SF Total - 20,880-SF/ea x 1 = 20,880 -SF Building Type Z = First Floor - 7,500 -SF Second Flood - 7,700 -SF Total - 15,200-SF/ea x 1 = 15,200 -SF Clubhouse = Total - 9,133 -SF Sportsman Restroom = 160 -SF On and Off -Site Circulation: A 143,705 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 50 -foot wide (with landscape island) driveway is located on South Linder Road approximately 740 -feet south of West Old Valley Road. One 25 -foot wide driveway is located on West Old Valley Road approximately 420 -feet west of South Linder Road. Page 4 of 27 K:1Planning 1)cpnliagle Applications11M21)I811)R-12-18 Linder Project (Bel Air) Apanmcnts and LS cd docx L. BUILDING DESIGN FEATURES: Building .0 Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (White), Stucco — raked (Mid Gray) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Building Q Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (White), Stucco — raked (Mid Gray) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Building R Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (White), Stucco — raked (Mid Gray) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Building S Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (White), Stucco — raked (Mid Gray) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Building T Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (Green and White), Stucco — raked (Mid Gray) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Building X Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (Green) Fiber Cement Panel (Charcoal), Wood Siding (Stained Cedar) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Building Y Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (Green) Fiber Cement Panel (Charcoal), Wood Siding (Stained Cedar) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Building Z Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (Green) Fiber Cement Panel (Charcoal), Wood Siding (Stained Cedar) Windows/Doors: Vinyl (Black), Fiberglass (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) Clubhouse Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Exterior Wood Siding (Stained Cedar), Stucco — raked (Light Gray), Concrete, smooth finish Windows/Doors: Aluminum (Wood Hybrid), Fascia/Trim: Fiber Cement (Charcoal) Page 5 of 27 K:1Planning I)cplUsagte Applications1Ur120181DR-12-18 Linder Project (Bel Air) AApanntcnts and IS cct docx Sportsman Restroom Facility Roof: Composition shingles architectural grade, textured (Dark Gray) Walls: Fiber Cement (Green) Windows/Doors: Aluminum (Charcoal) Fascia/Trim: Fiber Cement (Charcoal) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located throughout the development. The species of trees consist of black cottonwood, Fremont's cottonwood, willow, Russian olive, black locust, and Siberian elm. Tree Replacement Calculations: There are numerous trees located throughout the site. Seven (7) trees have been identified as needing mitigation; two pine trees, an apple tree, two white ash trees, a spruce tree, and a box elder tree. Tree Specie Condition Caliper Replacement Inches Per ECC Pine (shrub) Good condition 2" caliper 4" Apple Good condition 8" caliper 12" Pine Good condition 15" caliper 15" White Ash (2) Good condition 24" and 36" caliper 24" 36" Spruce Good condition 24" caliper 24" Box elder Good condition 36" caliper 36" Total Caliper Inches of Tree Required to be Replaced On Site 151" Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along South Linder Road and West Old Valley Road. 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, 13% is proposed. N. TRASH ENCLOSURES: One (1) trash enclosure is proposed to be located at the northeast corner of the development. The 714 -square foot enclosure and compactor enclosure is to be constructed of CMU walls with a stucco finish and metal gates; all of which will match the materials and colors used in the construction of the buildings. O. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units for the clubhouse. VTAC units are to be used for each of units in the apartment buildings. Page 6 of 27 K:11'Ianning I)ept\Eagle Applications I)A20I K11)R-12-181.inder Project (Bel Air) Apartments and LS crt docx P. OUTDOOR LIGHTING: The electrical site plan shows the location of site and building lighting. Detailed cut sheets of the proposed lighting have been provided. Q. SIGNAGE: No signs are proposed with this application. A separate design review application is required prior to any signs being constructed on the site. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within the City of Eagle Municipal Water Service Area and within the boundaries of the Eagle Sewer District. S. PUBLIC USES PROPOSED: None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — yes — floodway area located adjacent to the Boise River. Evidence of Erosion — no Fish Habitat — yes — existing pond Floodplain — yes — to be preserved in its natural state Mature Trees — yes —located within the floodway area Riparian Vegetation — yes — located adjacent to the Boise River Steep Slopes — no Stream/Creek — yes — Boise River located adjacent to the southern boundary Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — no Wildlife Habitat — yes — within the natural area located adjacent to the Boise River V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Andeavor (fka Tesoro Logistics) Department of Environmental Quality Eagle Fire Department Eagle Park, Pathway, and Recreation Idaho Transportation Department Republic Services X. LETTERS FROM THE PUBLIC: Letter received from Rene Palafox, Riverwalk HOA President, date stamped by the City on April 5, 2018. Page 7 of 27 K:11'lanning DeptlEagle Applications11h1201811)R-12-18 Linder Project (Bei Air) Apanments and LS ccfdocx STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THiS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Neighborhood 1 Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. 6.5.1 Park Lane Uses A. The area located along OId Valley Road should be a mixture of residential and Professional Office with Limited Service Commercial. All uses along OId Valley Road should he designed to be oriented to take access from Old Valley Road and to encourage pedestrian movement through the area. 6.8.1 River Plain Land Uses D. The open space and trail system should be located adjacent to the river in conjunction with the continuation of the regional trail system. E. The design of development and open space should encourage the protection, expansion and/or creation of habitat and wetland areas along the river, streams, and irrigation/drainage canals. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPSAL: 3.3 The multi -family dwellings (Exhibits D 1-3), club house, and required parking structures shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 3.4 The Owner shall submit a Design Review application for the site (as required by Eagle City Code) and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior to issuance of a zoning certificate. 3.6 The proposed building height of the multi -family structures shall not exceed 43 -feet in height. 3.7 Upon completion of the project the following shall apply: (a) Owner shall have the duty to maintain and operate all of the landscape areas in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (b) Parking shall only be allowed in the designated parking areas. Page 8 of 27 K %Pl.utning L)ept1I agIc AppI ti n.+U)rt.01MDR- 12 -LS 1 inder Pro)ct. (Bel Air) Apartmc•nn and l.ti oct Jurt (c) Owner shall have the duty to maintain and operate all of the drive aisles/parking areas including the repair and replacement of asphalt and sidewalks. (d) The storage of recreational vehicles, utility trailers, etc. within the development shall be prohibited. 3.8 The setbacks shall be as follows: Front (east property line) 20 -feet Rear (west property line) 20 -feet Interior Side (south property line) 7.5 -feet Street Side (north property line) 20 -feet Structure separation 20 -feet Maximum coverage 50% 3.9 Owner's property shall be annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the issuance of any building permits. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Division of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.10 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if app 1 icable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands. 3.11 Owner shall provide a conservation easement to protect the existing riparian vegetation area located adjacent to the Boise River) from encroachments and/or removal. The conservation easement shall be executed and recorded prior to the issuance of a zoning certificate for the construction of buildings on the property. 3.12 Owner shall provide and construct a minimum 10 -foot wide greenbelt pathway along the portion of the Property located adjacent to the Boise River. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The greenbelt pathway shall be located in a recorded pedestrian access easement or easements dedicated to and accepted by Eagle. The greenbelt pathway shall be completed in its entirety prior to the City issuing a Certificate of Occupancy for the multi -family structures. 3.13 Owner shall provide a club house and pool as generally depicted on the Concept Plan. The intent of the club house is to provide a venue for meetings and activities for the residents of the development. The building architecture and associated landscaping shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the issuance of a certificate of occupancy. 3.14 The landscaped areas (i.e. buffer berms, open areas, and landscaped areas located adjacent to the multi -family structures), shall be irrigated from a pressurized irrigation system. 3.19 Owner shall work with the Eagle Parks and Recreation Director and Eagle Parks and Pathway Development Commission to formalize an agreement for dedication of an area for a "Sportsman Access." The "Sportsman Access" shall contain a paved parking area for a minimum capacity of fifteen (15) vehicles for pedestrian access to the Boise River and the greenbelt pathway from South Linder Road. The applicant shall also be required to stub central sewer and potable water Page 9 of 27 K:1Planning DeptlEagle AppfcationsUlr120181DR-12-18 Linder Project (lie/ Air) Apartments and LS ccI docx lines to the site. The formalized agreement shall be provided prior to the submittal of a building permit application. Nothing in this condition shall limit the City from additional site improvements, however, any improvements beyond those stated herein shall be at the sole cost of the City. 3.20 Owner shall be required to pay the required City of Eagle Storage Trunk Line (STL), Water Construction Equivalency (WCE), and water hook-up fees as applied per Equivalent Residential Customer (ERC) at the time of issuance of a building permit for each building. .3.21 Owner shall provide playground equipment (tot lot) to be reviewed and approved by the Design Review Board. 3.22 Owner shall provide correspondence from Republic Services approving the locations of all proposed trash enclosures. 3.23 Building "B5" (as identified in Exhibit "B") shall be setback 60 -feet from the property line for any portion of the building that is two -stories tall and setback 80 -feet from the property line for any portion of the building that is three -stories tall. 3.24 The parking ratio for the site shall be 1.8 -spaces per residential unit. 3.25 The landscaping located between Building "B5" and Lots 11-13, Block 1, HCR/Level 3 Subdivision shall be heavily landscaped. The landscape plan shall be reviewed and approved by the Design Review Board prior to issuance of a zoning certificate. 3.26 Owner shall exchange approximately 87 -feet of the existing open style fencing located between Lot 10, Block 1, HCR/Level 3 Subdivision and Property with solid style fencing to match the solid style fencing currently located in proximity to the site. The proposed fencing shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 3.27 Owner shall be required to construct a two (2) stall public restroom in proximity to the "Sportsman Access". The cost of construction of the public restroom shall be reimbursed by City by offsetting the required park impact fees received for the project. The public restroom shall be dedicated to City and upon dedication maintained by City. 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 -5(E) Eagle Architecture And Site Design Book-EASD: The purpose of the EASD Book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD Book, established through a resolution of the City Council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, Exhibit A-1 may only be modified through an ordinance amendment. The architecture styles found in the EASD Book are permitted styles. Architectural styles not shown within the EASD Book will not be considered. Page 10 of 27 K:1Planning DepAEagle Applications11M2O1811)R-12-18 Linder Project Mel Air) Apanments and LS ccf.docx • Eagle City Code Section 8 -2A -6(A)(5): Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. • 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 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. • Eagle City Code Section 8 -2A -7(C): Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 6114 inches to 12 inches 121/4 inches or more 2x caliper of tree removed 1.5x caliper of tree removed 1 x caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. • Eagle City Code Section 8 -2A -7(F): Tree Species Mix: 1. When more than ten (10) trees are to be planted to meet the requirements of these guidelines, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. See the table below: Page 11 of 27 K:1Planning DeptUiaglc Applications DA20181DR-12-18 Linder Project (Bel Air) Apanntents and LS ccf.doc¢ Required Number Of Trees Minimum Number Of Species 11 - 20 2 21-30 3 31-40 41 plus 4 5 • Eagle City Code Section 8-2A-7(J)(4)(b) Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) floweringlornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-4-4-2(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. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture (as identified in the EASD book) are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED (or approved equivalent) and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking lots with less than two hundred (200) spaces; Page 12 of 27 K:U'lanning 1)ept1L'agk Applicationslbr120181DR-12-1A Linder Project (Bel Air) Apartments and IS ccCdocs b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less than five hundred (500) spaces; c. Thirty feet (30') for parking lots with more than five hundred (500) spaces; d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. • Eagle City Code Section 8-4-4-6: Bicycle Parking: One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi- family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle -Pedestrian Design Manual For Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. D. DISCUSSION: • The applicant is requesting design review approval to construct nineteen (19) apartment buildings, a clubhouse, a sportsman access restroom, and common area landscaping within the Linder Project. The applicant's justification letter describes the buildings architecture as English Cottage. The letter describes the style of the apartments as having asymmetrical facades, dominant roof gables, multiple panel casement windows with tall narrow portions, small side porches, shingled siding, wood accents, light colored stucco, and a massive stone chimney. English Cottage is one of the nine architectural styles identified within the Eagle Architecture and Site Design Book. Condition 3.3 of the development agreement states, "The multi -family dwellings (Exhibits D 1-3), club house, and required parking structures shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted." Staff defers comment regarding the English Cottage architectural style and proposed colors and materials of the buildings to the Design Review Board. • The landscape plan, date stamped by the City on April 4, 2018, does not show the existing fencing along the west property line. There is a solid (i.e.: vinyl) fence extending from the south property line of the Eagle Sewer District property approximately 752 -feet to the south, at which point an open style (i.e.: wrought iron) fence extends for the remaining 392 -feet to the south property line of Lot 13, Block 1, HCR/Level 3 Subdivision. Condition 3.26 of the development agreement states, "The owner shall exchange approximately 87 -feet of the existing open style fencing located between Lot 10, Block 1, HCR/Level 3 Subdivision and Property with solid style fencing to match the solid style fencing currently located in proximity to the site. The proposed fencing shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate." Page 13 of 27 K:\Planning Deptlliagle Applications1Dr1201811)R-12-18 Linder Project (13e1 Air) Apanments and LS ccl:docx Red [Inc depicts the location of the solid fence The applicant should be required to provide a revised landscape plan showing a solid fence located along the entire eastern property line of Lot 10, Block 1, HCR/Level 3 Subdivision, matching the existing fence located to the north. The revised landscape/fence plan should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • Condition 3.25 of the development agreement states, "The landscaping located between Building "B5" and Lots 11-13, Block 1, HCR/Level 3 Subdivision shall be heavily landscaped. The landscape plan shall be reviewed and approved by the Design Review Board prior to issuance of a zoning certificate." The landscape plan, date stamped by the City on April 4, 2018, shows a 15 - foot wide landscape area to be planted with 8 -foot to l0 -foot tall Fastigiate Colorado Spruce and Oregon Green Pine trees between the west property line and the parking lot of this development. The applicant has proposed a landscape buffer along the west property line extending from the south property line of the Eagle Sewer District property approximately 840 -feet to the south. The proposed landscape buffer extends approximately 100 -feet south of the southernmost apartment building (equivalent to Building "B5" in the development agreement). The landscape plan shows 115 evergreen trees to be planted within the landscape area along the west property line. The quantity of trees proposed within this buffer area exceeds that which is required to be planted adjacent to a minor arterial. Staff defers comment regarding the buffer and if it has been designed to be "heavily landscaped" to the Design Review Board. Page 14 of 27 K \Planning UepAlagk App ItLarions Dr12U1811)R.12-111 finder l'ruw•u aid AO Apartment. and 1 S dot.\ Existing development to the west Concept plan within development agreement , . . ' EY rr A.; i.11 as e! i It �. - .-iIkl _1 T . • r1 i I ac, as 4 . r. !; , j k r•..r, �rrrry „r. gra • u .. ;1 d'L 's Proposed Linder Project .+ • '. • The applicant is proposing to locate three (3) trash enclosures along the west property line of the development, adjacent to the residential development to the west. Recently, in other areas of the city, trash pick-up for commercial and higher density developments has become a challenge with regard to concerns expressed by neighbors regarding the noise and time of pick-up. In order to mitigate negative impacts, staff recommends that the trash enclosures be moved from the western area of the development to locations internal to the development. The applicant should be required to provide a revised site and landscape plan showing the trash enclosures relocated internal to the development. Correspondence from Republic Services approving the new locations should be submitted. The revised site and landscape plans and correspondence from Republic Services should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • Pursuant to the development agreement, the applicant is showing a two -stall sportsman restroom facility to be located in the sportsman access parking lot located south of the pond. The applicant should be required to provide revised building elevations and floor plans showing the sportsman restroom facility to have a minimum of two stalls per gender (i.e.: two female and two male). The applicant should work with the Eagle Public Works Director with regard to the internal and exterior construction materials, colors, hardware, etc. to be used in the construction of the restroom facility. The revised building elevations and floor plans should be reviewed and approved by staff and two members of the Design Review Board members prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), the applicant is required to provide 80 deciduous trees, 128 evergreen trees, and 48 flowering trees within the buffer along South Linder Road. The landscape plan, date stamped by the City on April 4, 2018, shows 57 deciduous trees, 75 evergreen trees, 32 flowering trees to be planted within the 50 -foot wide buffer area along South Linder Road. Based upon the requirement of Eagle City Code Section 8-2A-7(J)(4)(b) and what the applicant is proposing, the landscape plan is deficient 23 deciduous trees, 53 evergreen trees, and 16 evergreen trees. However, the applicant is proposing to plant larger deciduous and evergreen trees (i.e.: 3 -inch deciduous trees and 8' to 10' tall evergreen trees) within the buffer area. With the additional caliper inches and height of trees being proposed within the buffer area, Page 15of27 K 1Planning Dern :aglc .App1¢auom11M24) 14u,R-12.15 1 order Propm. ilk! Ain Aparunenr. and 1 S the plan is still deficient 15 evergreen trees and 7 flowering trees along the South Linder Road buffer. If the Board determines that the quantity of plant material may be reduced in consideration of larger plant material and in lieu of additional plant material being planted within the buffer along South Linder Road, the applicant should be required, at a minimum, to provide a revised landscape plan showing the addition of 15 evergreen trees and 7 flowering trees to be planted within the buffer area of South Linder Road. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. However, if the Board determines that utilizing larger plant material (with less quantity) in lieu of using standard plant material (with more quantity) is not appropriate then the applicant should be required to provide a revised landscape plan showing a total of 80 deciduous trees, 128 evergreen trees, and 48 flowering trees to be planted within the buffer area of South Linder Road. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • The landscaping plan, date stamped by the City on April 4, 2018, shows fifty-seven (57) Heritage River Birch trees to be planted within the buffer area of South Linder Road. The Heritage River Birch tree is the only deciduous species of tree that is proposed within the 1,600 -feet of frontage along South Linder Road. Pursuant to Eagle City Code 8 -2A -7(F)(1), when more than ten (10) trees are required to be planted to meet the requirements, a mix of species shall be provided. The applicant should be required to provide a revised landscape plan showing one additional deciduous species of tree to be planted within the buffer area along South Linder Road. The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The applicant is proposing to remove all the trees from the site that are located north of the pond. The trees located throughout the site consist of cottonwood, willow, russian olive, black locust and elm trees. Pursuant to the tree inventory from Ecosystem Sciences, LLC, date stamped by the City on March 27, 2018, there are seven (7) trees proposed to be removed from the development that have value and are in good condition. The trees are pine, apple, white ash, spruce and box elder trees which would require 151 -caliper inches of tree to be replaced within the development. The landscape plan, date stamped by the City on April 4, 2018, shows approximately 82 trees to be planted throughout the development that are above that which is required within Eagle City Code. Eighty-two (82) two inch (2") caliper trees is equal to 164 - caliper inches of trees which mitigates the one hundred and fifty-one (151) caliper inches of trees that is required to mitigated. • There are overhead powerlines located along Old Valley Road. Pursuant to Eagle City Code 8- 2A -5(E), cable, electrical, and telephone service systems are to be installed underground. The applicant should be required to provide revised site and civil plans showing all overhead powerlines, cable, and telephone service systems to be installed underground. The revised site and civil plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The applicant is proposing to use a fixture that is 4000K LED for the pedestrian lights throughout the development and a fixture that is 3500K LED on the buildings. Pursuant to Eagle City Code 8-4-4-2(A)(6), 3000 Kelvin is the maximum Kelvin allowed when LED lights are proposed. The applicant should be required to provide revised cutsheets of the pedestrian light fixture and the building light fixture showing the Kelvin to not exceed 3000. The revised cutsheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The applicant is proposing three (3) bike racks west of the bocce court that is located just north of the pond. Although, all buildings have indoor bike storage or garages associated with each unit, staff recommends the addition of more bike racks be added throughout the development to Page 16 of 27 K:II'lanning I)eptTaglc Applications1Ur1211181)R-12-18 Linder Project (13cl Air) Apanmcnts and LS ccr.docc provide visitor bike parking. The applicant should be required to provide a revised site and landscape plan showing a minimum of three (3) additional bike rack locations throughout the development. The bike rack locations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • There is a regional sewer lift station located near the northwest corner of this development. The landscape plan, date stamped by the City on April 4, 2018, shows an 8 -foot wide landscape buffer on the north property line and an 18 -foot wide landscape buffer on the west property of this development adjacent to the sewer lift station property. In order to provide an aesthetic buffer of the sewer lift station and to prevent the tenants from this development accessing the Eagle Sewer District property, staff recommends that a 6 -foot high (minimum) wrought iron fence be constructed on the north property line and the west property line, adjacent to the Eagle Sewer District property. The applicant should be required to provide a revised site and landscape plan showing a 6 -foot high (minimum) wrought iron fence to be constructed on the north and west property lines, adjacent to the Eagle Sewer District's property. Provide detailed cutsheets showing the style, height, color, etc. of the wrought iron fence to be installed. The revised site and landscape plans and the cutsheets of the fence should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The Eagle Trails Coordinator has provided comments with regard to the location of the restroom facility, pathway and sidewalk connectivity, and irrigation access. The applicant should coordinate the restroom facility location, pathway and sidewalk connectivity, and irrigation access within the sportsman access parking area with the Eagle Trails Coordinator prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on April 12, 2018. The Board continued the item to May 10, 2018, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by nine (9) individuals who voiced the following concerns: • The color palettes and materials of the proposed buildings do not complement the colors and materials of the homes in the adjacent development. • The trash enclosure locations adjacent to the west property line is a concern because of the close proximity to the residential dwellings to the west. • The architectural style doesn't complement the architectural styles typically built in the City of Eagle. • The traffic from this development will cut through HCR/Level 3 Subdivision to gain access to State Highway 44. • The site and building lighting should be reviewed for dark sky compliance to prohibit light pollution onto the adjacent development. • The drainage for the site should be addressed to ensure the drainage stays within the proposed development. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). Page 17 of 27 K:U'lanning DeptlEagle Applications I)r120181DR-12-18 Linder Project (f3cl Air) Apartments and LS cct docx BOARD DELIBERATION: (Granicus time 2:23:38) On April 12, 2018, upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board affirmed that the placement of the buildings, common area amenities, pathways, and clubhouse have been well thought out. • The architecture of the buildings should be addressed to provide more modulation horizontally and vertically to breakup the massing of the buildings. The addition of covered or recessed entries should be considered to help provide architectural interest to the buildings. • The rooflines should be addressed with regard to the massing and drainage. • Additional materials and colors should be incorporated into the design of the buildings. • The applicant should explore other locations and options for the trash enclosures proposed on the west property line. BOARD DELIBERATION: (Granicus time 39:56) On May 10, 2018, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board affirmed the applicant has addressed the concerns discussed at the previous meeting: o The addition of additional materials and colors has been addressed. o The trash enclosure locations have been addressed by condensing them into one area located away from the development to the west and providing a trash concierge service for the tenants of the development. o The pitch of the rooflines have been lowered to reduce the massing. The overhangs of the buildings have been modified to be more prominent. o Recessed entries have been provided. • The Board affirmed that the architecture of the multi -family buildings have a very clean look that is absent of exterior staircases, patio's, and balconies, not typical of Eagle. The Board appreciates that the clutter that is typical of exterior staircases, patio's, and balconies will not have bicycles, barbecue, colorful patio furniture, umbrellas, etc. stored in the open because storage areas for all these items have been provided internal to the buildings. Additionally, large open common space areas have been provided throughout the development for the tenants for outdoor seating, barbecuing, gardening, walking, play areas, etc. • A Board member was concerned that more modulation was not proposed on the buildings to break up the massing of the large buildings. Additional modulation (horizonal movement of large vertical planes) to add more relief to the mass of the buildings should be considered. BOARD DECISION: The Board voted 4 to 1 (Germano against, Brasher and Schafer recused) to recommend approval of DR - 12 -18 for a design review application for 19 apartment buildings, a clubhouse, a sportsman restroom, and common area landscaping within The Linder Project for The Linder Project, 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 May 24, 2018. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 12, 2018. The Council continued the item to July 24, 2018, at which time the Council made their decision. Page 18 of 27 K:1I'lanning DeptBiagk Applications11h12OliADR-I2-l$ Linder Project (Bel Air) Apanments and L5 cU doci B. Oral testimony in opposition to the application was presented to the City Council by fifteen (15) individuals who voiced the following concerns: • Provide enclosed parking on the west side of the development to block headlights and noise. • The height of the buildings along the western boundary should be limited to two story buildings. • The existing trees should be retained. • This project will reduce property values. • Coordinate proposed landscaping with the owners of Lots 10-14, Block 1, to retain views of the pond. • Provide a berm along the west boundary at the end of the drive aisles of the development to block headlights. • Provide earth tone colors on the buildings located on the west side of the development. • The drainage for the site should be addressed to ensure the drainage stays within the proposed development. • The traffic from this development will cut through HCR/Level 3 Subdivision to gain access to State Highway 44. • The noise that will come from this development should be mitigated. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DELIBERATION: On June 12, 2018, upon completion of the applicant's and staff' presentations, the Council discussed during deliberation that: • The parking spaces along the west boundary need to have barrier (i.e.: stone or block wall, berm, retaining wall) to help screen the headlights and buffer noise. • The height of the buildings on the west side of the development should be reduced to two story buildings. • Existing trees along the western portion of the development should be retained. • A small berm should be provided along the west property line to help mitigate headlights. • Small clumps of trees should be retained through the development. • The buildings located in the western portion of the development shall have earth tone colors. • The drainage for the site should be addressed to ensure the drainage stays within the proposed development. • The traffic conflicts on Linder Road should be addressed. INFORMAL MEDIATION: On July 9, 2018, an informal mediation meeting was conducted between the application, interested parties, and the City. SECOND PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 24, 2018, at which time the Council made their decision. Page 19 of 27 K:1Planning DeptlEagle Applicationsll)r120181DR-12-18 Linder Project (Bel Air) Apartments and LS cel.docs B. Oral testimony in opposition to the application was presented to the City Council by one (1) individual who voiced the following concerns: • Dense landscaping should be provided around the south end of the parking area. • The windows on the west building elevations should be reduced in number; not reduced and made larger. • Construction traffic should be required to use Linder Road while this site is being developed. 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 -12-18 for a design review application for 16 apartment buildings (based on the revised plans date stamped by the City on July 19, 2018), a clubhouse, sportsman restroom facility, and common area landscaping within The Linder Project for The Linder Project, LLC, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions within the development agreement (Instrument #2015-044495) for RZ-20-06 MOD2. 2. The applicant shall work with the property owner of Lot 10, Block 1, within HCR/Level 3 Subdivision to determine the style of fence (i.e.: open style wrought iron or vinyl) of the owners choosing to be placed along the eastern property line of Lot 10, Block 1, of HCR/Level 3 Subdivision. Provide a revised landscape plan showing the style of fence to be located along the entire eastern property line of Lot 10, Block 1, HCR/Level 3 Subdivision. The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. The fence shall be installed prior to the issuance of a certificate of occupancy for the first building. 3. The revised site and landscape plans, date stamped by the City on May 2, 2018, showing the trash enclosure and compactor to be located in the northeast corner of the development are approved. Provide correspondence from Republic Services approving the new trash enclosure and compactor location. The correspondence from Republic Services shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide revised building elevations and floor plans showing the sportsman restroom facility to have a minimum of two stalls per gender (i.e.: two female and two male). The applicant shall work with the Eagle Public Works Director with regard to the internal and exterior construction materials, colors, hardware, etc. to be used in the construction of the restroom facility. The revised building elevations and floor plans shall be reviewed and approved by staff and two members of the Design Review Board members prior to the issuance of a zoning certificate. 5. The revised landscape plan, date stamped by the City on May 2, 2018, showing the larger caliper and taller plant material within the buffer area along South Linder Road is approved. 6. The revised landscape plan, date stamped by the City on May 2, 2018, showing the addition of one deciduous species of tree within the buffer area along South Linder Road is approved. 7. Provide revised site and civil plans showing all overhead powerlines, cable, and telephone service systems along West Old Valley Road to be installed underground. The revised site and civil plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 8. The revised cutsheets, date stamped by the City on May 2, 2018, showing the pedestrian light fixtures Page 20 of 27 K:1Planning DeptUiagks Apptications1Dr120181DR-12-181.indcr Project (Bel Air) Apanmcnts and LS ccfdocx and building light fixtures not exceeding 3000K are approved. 9. Provide detailed cutsheets showing the height of the parking lot light pole and fixture to not exceed twenty feet (20') in overall height (including any concrete base). The detailed cutsheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 10. All building and site lighting shall be shielded and otherwise installed in accordance with Eagle City Code Section 8-4-4-2. 11. The revised site and landscape plans, date stamped by the City on May 2, 2018, showing a total of 11 bike rack locations to be located throughout the development are approved. 12. Provide detailed cutsheets showing the style, height, color, etc. of the wrought iron fence to be installed on the north and west property lines adjacent to the Eagle Sewer District's property. The cutsheets of the fence shall be reviewed and approved by staff and one members of the Design Review Board prior to the issuance of a zoning certificate. 13. Coordinate the restroom facility location, pathway and sidewalk connectivity, and irrigation access within the sportsman access parking area with the Eagle Trails Coordinator prior to the issuance of a zoning certificate. 14. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 15. 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. 16. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 17. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 18. The ground mounted mechanical units located south of the clubhouse facility shall be screened from view by a screen wall and/or landscaping. Revised elevation and/or landscape plans showing the screen wall elevations and/or the proposed landscaping shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 19. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 20. No signs are proposed with this application and none are approved. 21. Provide revised elevation plans of the trash compactor enclosure showing the height of the enclosure walls and gates in relation to the trash compactor. The trash compactor shall be completely screened from view by the walls and gates of the enclosure. The revised elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 22. Provide a revised materials legend on Sheet G0.02 showing the BV -1 material to be labeled as Real Brick as presented at the Design Review Board meeting on May 10, 2018. The revised materials legend shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 23. Provide revised site and landscape plans showing decorative trash receptacles to be located throughout the development including detailed cutsheets showing the style, size, color, etc. The revised site and landscape plans and the detailed cutsheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 24. The revised site, landscape, and elevation plans, date stamped by the City on July 19. 2018. are approved. Page 21 of 27 K:1Planning Ikptlliagk Applicationsl1)r12OIWDR-12-I8 Linder Project (Ili Air) Apartments and 1.S cct.docx ADDITIONAL SITE SPECIFIC CONDITIONS OF APPROVAL (AGREED UPON BETWEEN THE RIVERWALK HOA (HCR/LEVEL 3 SUBDIVISION) AND LOCAL CONSTRUCT ON AUGUST 6, 2018); AND INCLUDED HEREIN: 1. Provide revised building elevation plans showing all buildings facing HCR/Level 3 Subdivision No. 1 to be painted an earth tone color as indicated on the architectural color palette (not white in color). The revised building elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 2. Provide a revised landscape plan showing the mature trees surrounding the pond to be protected and maintained, except for the trees located at the north end of the pond where the proposed beach area is to be located. The revised landscape plan shall show the mature tree grove located at the northwest edge of the pond to be protected and maintained. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. All dead or damaged trees located around the perimeter of the pond shall be pruned or removed as required by the Environmental Engineer and Landscape Architect, prior to the issuance of a certificate of occupancy. 4. Provide a revised landscape plan showing the dense landscape buffer proposed along the west property line located adiacent to Lots 10-14, Block 1, HCR/Level 3 Subdivision No. 1 to be removed. Landscape plant material in this area shall be placed to provide views of the pond from Lots 10-14, Block 1, HCR/Level 3 Subdivision No. 1. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. The developer shall coordinate with ACHD and provide the following assurances regarding traffic related issues: a. Provide a revised site plan showing the driveway on Old Valley Road to be constructed as a right- in/right-out driveway with a median in the driveway. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.; b. The applicant shall enter into a 'Road Trust' with ACHD, to allocate a deposit fund for future implementation of traffic calming elements as defined by ACHD for a future traffic study to be completed once the Linder Proiect is occupied; and c. The applicant shall direct their contractor and all subcontractors to utilize the driveway on Linder Road as the primary construction entrance during construction. The entrance on Old Valley Road shall be gated and access through this entrance shall be limited and managed by the contractor. 6. Provide a revised landscape plan showing the trees located at the northwest corner of the development, adiacent to Lots 1 and 2, Block 1, HCR/Level 3 Subdivision No. 1, to be protected and retained. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 7. Provide a revised landscape plan showing additional evergreen shrub material to be planted between the parking spaces and the evergreen trees proposed along the west property line. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 8. The total number of windows on the west building elevations facing HCR/Level 3 Subdivision has been reduced by 12 windows as shown on the elevation plans date stamped by the City on July 19, 2018. 9. The carports located along the west property are not required to be enclosed and shall be constructed as proposed as shown on the elevation plans date stamped by the City on March 8, 2018. 10. Provide a revised landscape plan showing a berm to be installed between the south end of the parking area and Lot 10, Block 1, HCR/Level 3 Subdivision No. 1. A berm is not required along the west Page 22 of 27 K:1Planning DeptlE:agle Applications1Dr120181IDR-12.18 Linder Project (Bel Air) Apartments and LS ccf.docx property line with the exception of the area noted herein. The revised landscape plan shall be reviewed and approved bv staff prior to the issuance of a zoning certificate. 11. Provide a revised landscape plan showing 12 -foot to 15 -foot tall evergreen trees to be located intermittently within the 15 -foot wide landscape area along the west property line adiacent to Lots 3-9, Block 1, HCR Level 3 Subdivision No. 1. The revised landscape plan shall be reviewed and approved bv staff prior to the issuance of a zoning certificate. 12. The developer shall work with the contractor to determine if the evergreen trees, proposed within the 15 -foot wide buffer along the west property line, can be installed prior to construction commencing to provide a landscape buffer during construction. 13. The site drainage shall be reviewed and approved bv the City Engineer prior to the issuance of a building permit. 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. 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 Page 23 of 27 K:1Planning Ikpt Eagle Applications[h120I8IDR-12-181.inder Project (Bel Air) Apartments and LS ecf.doex 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. 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 Page 24 of 27 K:1Planning 1)cptlliagk Applications1DA211181DR-12-18 Linder Project (Bel Air) Apanments and l.ti cc:14m 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. 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). Page 25 of 27 K:1Planning Dept\Eagle Applications\DA211t81DR-12-18 Linder Project (Bel Air) Apartments and LS ccf.docx 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 -12-18) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 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 multi -family residential units and common area landscaping is 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 proposed multi -family residential units and common area landscaping are designed to complement the general vicinity and are the existing plans comply with the site specific conditions herein; 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 288 units and the drive aisles have been designed in conformance with Eagle City Code Section 8-4-3; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed buildings have been designed with quality materials and similar features and will enhance the character of the area since the existing plans comply with the site specific conditions herein; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed buildings will have similar features utilized on other buildings within the development and the building design is "English Cottage" style which is one of the nine architectural styles within the Eagle Architecture and Site Design Book; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the existing plans comply with the site specific conditions herein and the proposed buildings are in conformance with the required setbacks and height restrictions permitted 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 public streets; Page 26 of 27 K:1Planning DeptlEaglc Applicationsll)r12111 DR -12-18 Linder Project (Bel Air) Apartments and LS cct docs 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 development, and will not cover or detract from desirable architectural features. DATED this 14t1 day of August 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle Cit Clerk 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 27 of 27 K \Plannmc I kpt\I aglc Appiicauoii \I lr\'_o18U)R 12-18 Linder Project I Bel Ain Apartments and I.S LCi.de«