Findings - DR - 2024 - DR-2024-21 - 6940 N Linder Rd - The Linder Senior Living Facility BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
LINDER SENIOR LIVING FACILITY FOR )
INTERMOUNTAIN PACIFIC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-21
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 22, 2024. The Board continued the application to September 26, 2024, at which time their
decisions was made. The Eagle Design Review Board 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:
Intermountain Pacific, represented by Mike Chidester with Elton Development, is requesting design
review approval of a 139-unit senior living facility and 18-units for independent living for the Linder
Senior Living facility. The 10.441-acre site is located on the east side of North Linder Road
approximately 90-feet south of the intersection of West Temple Drive and North Linder Road at 6910
and 6940 North Linder Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 19,2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on May 6, 2024,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 28, 2020, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition—Ada County designation) to R-4-DA(Residential with a development agreement [in lieu
of a conditional use permit] for a senior living facility and a building height exception for Cameron
General Contractors,Inc. (A-02-20/RZ-02-20).
On September 8,2020,the City Council approved a rezone development agreement modification to the
rezone associated with the Willow Run Retirement Community for Cameron General Contractors,Inc.
(RZ-02-20 MOD).
On November 10,2020,the City Council approved a senior living facility for Willow Run Retirement
Community for Cameron General Contractors,Inc. (DR-57-20).
On November 10, 2020, the City Council approved a monument sign for Willow Run Retirement
Community for Cameron General Contractors,Inc. (DR-58-20).
On October 12,2021,the City Council approved a rezone extension of time to execute the development
agreement associated with the Willow Run Retirement Community for Rennison Companies(EXT-10-
21).
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On August 8, 2023, the City Council approved a modification to the development agreement for the
senior living facility(RZ-02-20 MOD2).
E. COMPANION APPLICATIONS: DR-2024-22 (sign application).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-4-DA(Residential with a Single-family dwelling
Residential and development agreement [in with pasture
Residential Transition lieu of a conditional use
Overlay permit])
Proposed No Change No Change Senior living facility and
senior cottages
North of site Neighborhood MU-DA(Mixed Use with a Single-family dwellings
Residential and development agreement [in (Gated Garden
Residential Transition lieu of a PUD]) Subdivision)
Overlay
South of site Mixed Use C-3-DA(Highway Business Eagle Island Marketplace
District) (Lazy P Subdivision)
East of site Neighborhood MU-DA(Mixed Use with a Single-family dwellings
Residential and development agreement[in (Gated Garden
Residential Transition lieu of a PUD]) Subdivision)
Overlay
West of site Neighborhood RUT(Rural-Urban Transition Single-family dwellings
Residential —Ada County designation) (Almaden Acres
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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J. SITE DATA:
SITE DATA PROPOSED ' REQUIRED
Total Acreage of Site 10.44-acres(454,766-SF) N/A
Percentage of Site Devoted 11%(approximately) 40%(maximum)
to Building Coverage
Percentage of Site Devoted 50%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 153-parking spaces 101-parking spaces(minimum)
(includes 18-enclosed parking spaces (includes 18-enclosed parking
and 18-guest parking spaces associated spaces and 5-guest parking
with the duplex and four-plex units) spaces associated with the
duplex and four-plex units)
Front Setback(Southwest) 30-feet 20-feet(minimum)
Rear Setback(East) 28-feet 25-feet(minimum)
Side Setback(South) 43-feet 7.5-feet(minimum)
Side Setback(North) 194-feet 7.5-feet(minimum)
K. PARKING ANALYSIS:
Number of beds within the senior living center— 180
Number of 2 bedroom units for independent living- 18
Apartments or multi-family dwellings — 2-parking spaces for each unit with 2 or more bedrooms
(including 1 covered)plus.25-parking spaces for guest parking per unit(2.25 x 18)=41 parking spaces
Nursing/convalescent homes— 1-parking space for every 3 beds(180/3)=60 parking spaces
• Eagle City Code Section 8-4-5 requires 2-parking spaces for each unit with 2 or more bedrooms
(including 1 covered) plus .25-parking spaces for guest parking — apartments or multi-family
dwellings.
• Eagle City Code Section 8-4-5 requires 1-parking space for each 3 beds — nursing/convalescent
homes.
Proposed Parking Spaces: 152
Required Parking Spaces: 101 (including 18-enclosed parking spaces and 5-guest parking spaces
associated with the duplex and four-plex units)on the above uses identified in Eagle City Code Section
8-4-5: "Apartments or multi-family dwellings and Nursing/convalescent homes")
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct seven(7)buildings;one to be utilized as a senior living facility
and six to be used for independent living for seniors.
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Height and Number of Stories of Proposed Buildings:
Assisted Living Facility—51-feet,four stories.
Duplex Units(3)— 17' 9",one story.
Four-plex Units(3)—20',one story.
Gross Floor Area of Proposed Buildings:
Senior Living Facility— 138,485-square feet
Duplex Units(3)—3,223-square feet each
Four-plex Units(3)—6,617-square feet each
On and Off-Site Circulation:
A 72,049-square foot(approximately)paved parking lot provides parking for vehicles using this site.
One 26-foot wide shared driveway is located near the southwest corner of the parking lot providing
access to the future north/south Cherub Avenue proposed on the western portion of the property.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Mountain Modern Craftsman
Senior Living Facility—
Roof: TPO(White),Asphalt Shingle(Black), Standing Seam Metal(Matte Black)
Walls:Board and Batten(High Reflective White—SW 7757 and Westchester—SW2849),Stucco(Iron
Ore—SW 7069 and High Reflective White—SW 7757),Cultured Stone(Cloudbreak—Creative Mines),
PVC Cladding(Rustic Cherry—Sagiper, Sagiwall)
Windows/Doors:Aluminum(Black),Vinyl(Black)
Fascia/Trim: Metal(Black)
Duplex Units—
Roof: Asphalt Shingle(Black)
Walls: Board and Batten(High Reflective White—SW 7757,Lazy Gray—SW6254,Poolhouse—SW
7603, Westchester— SW 2849), Stucco (High Reflective White — SW 7757, Lazy Gray— SW6254,
Poolhouse—SW 7603,Westchester—SW 2849),Cultured Stone(Cloudbreak—Creative Mines)
Windows/Doors: Aluminum(Black),Vinyl(Black)
Fascia/Trim: Metal(Black)
Four-plex Units—
Roof: Asphalt Shingle(Black)
Walls: Board and Batten(High Reflective White—SW 7757, Lazy Gray—SW6254,Poolhouse—SW
7603, Westchester— SW 2849), Stucco (High Reflective White — SW 7757, Lazy Gray— SW6254,
Poolhouse—SW 7603,Westchester—SW 2849),Cultured Stone(Cloudbreak—Creative Mines)
Windows/Doors:Aluminum(Black),Vinyl(Black)
Fascia/Trim: Metal(Black)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are three existing trees located in the
southwest corner of the site along North Linder Road that are proposed to be removed. The trees
proposed to be removed are two Austrian Pine trees and one Ash tree. There are three Austrian Pine
trees located in the future fire access road to the south. These three trees are proposed to be removed.
There are existing trees along the south boundary of the site consisting of pine and spruce trees and
small deciduous trees and shrubs. These trees and shrubs are proposed to be protected and retained.
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Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
Austrian Pine 12' Top is dead/dying Remove 12'
Austrian Pine 17' Healthy Remove 17'
Ash 3" Multi-steamed,dead branches Remove 3"
Austrian Pine 20' Healthy Remove 20'
Austrian Pine 20' Healthy Remove 20'
Austrian Pine 20' Healthy Remove 20'
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site 3"
Total height removed from the site 89'
Total caliper inches proposed for mitigation 0"
Total height proposed for mitigation 0'
Tree Replacement Calculations: The applicant is not showing any tree mitigation within this
development.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along Cherub Avenue.
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, 10%is proposed.
O. TRASH ENCLOSURES:
One(1)372-square foot trash enclosure is proposed to be located near the northeast corner of the senior
living facility. The enclosure is proposed to be constructed of CMU walls and metal gates;all of which
will match the materials and colors used in the construction of the building.
P. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units on the senior living facility. The roof
mounted mechanical units are proposed to be screened by the parapet walls and located within wells
within the roof system. Ground mounted mechanical units are proposed for each of the independent
living units. The ground mounted mechanical units are proposed to be screened by landscaping.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height,and wattage has been submitted and will be
required to comply with Eagle City Code Section 8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2024-22)has
been submitted for the approval of signs proposed on this building and on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Meridian Fire Department has been received by the City. The site
is located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes, the site contains a riparian area along the irrigation
ditch located in proximity to the northern property line of the subject site
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—Yes,along the northern portion of the site in proximity to the ditch
Steep Slopes—No
Stream/Creek—Yes,irrigation ditch located in proximity to the northern property line
Unique Animal Life—Unknown
Unique Plant Life—Unknown
Unstable Soils—No
Wildlife Habitat—No
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and-their correspondence is attached to the staff report.
Ada County Highway District
Department of Environmental Quality
Idaho Transportation Department
Meridian Fire Department
Y. LETTERS FROM THE PUBLIC: None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a.The ordinance and standards used in evaluating the application;
b.The reasons for the approval or denial;
c. The actions,if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
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b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs,if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density,lot sizing,and building scaling with a specific parcel
or project. Base densities may be reduced or units may be clustered to increase open space within a
portion of a site when property is in this overlay. Neighborhood design will be paramount in this
overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
6.11.1 RIM VIEW LAND USES
C. Land uses such as,but not limited to,hotels,fitness centers,laundromats,car washes,and assisted
living/retirement centers that generate excessive wastewater flows (more than normal residential
or commercial uses)should be prohibited in this area.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The Senior Living Facility and Independent Living Cottages shall be designed in compliance
with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown
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within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and
building design elements that are not shown within the EASD Book will not be permitted.
3.5 The applicant 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 approval prior to issuance of a zoning certificate.
3.6 Owner shall provide a 30-foot wide landscaped buffer located adjacent to the entirety of the east
property line. Also, the Owner shall provide a vegetative hedge with a mix of 80% evergreen
columnares for year-round coverage,with alternating shrubs for diversity between North Cherub
Avenue and North Linder Road; planting shall be installed at a minimum 4-feet in height and
shall be double-rowed in strategic locations.The associated landscape plan shall be reviewed and
approved by the Design Review Board and City Council prior to issuance of a zoning certificate.
3.7 The proposed building height of the Senior Living Facility building shall not exceed 51-feet in
height.All mechanical units associated with the facility shall be roof mounted and screened from
view.
3.8 Owner shall construct a minimum six foot(6')wide detached sidewalk along North Linder Road.
The sidewalk should be constructed prior to issuance of a certificate of occupancy for any
building located on the Property.
3.12 Owner shall have the duty to maintain and operate all the common 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.
3.13 All parking associated with the Senior Living Facility and Independent Living Cottages shall only
be allowed in the designated parking areas located onsite.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(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(B)(2): Roofs:
e. Metal; standing seam,batten seam(concealed fasteners required);
Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8-2A-7(C): Retention,Removal,And Replacement Of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
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2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed,replacement with a species identified
in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree
removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot
of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example:An eight inch(8")caliper deciduous tree is removed,an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet(6') tall coniferous
trees.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise 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.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
• 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, 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.
• Eagle City Code Section 8-2A-7(M):Parkway Strips, Separated Sidewalks,and Street Trees:
2. In all required applications,excluding residential developments,one street tree, selected from
the approved tree list in subsection Q of this section,shall be planted per thirty five(35)linear
feet of street frontage.
• Eagle City Code Section 8-2A-7(0)(3):
3. Tree Fund:Persons applying for an alternative method of compliance for relief from regulations
that require all existing trees to remain on site may elect to make a financial contribution to the
Eagle city tree fund in lieu of retaining all trees on site. The condition(s)which warrants the
need for the tree fund alternate method of compliance shall be specified in the application
submitted under subsection 02 of this section. If the application is approved,the amount to be
contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)
removed from the site and the total vertical feet of coniferous trees removed from the site.Cost
per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to review and
consider the value determination, and following said review, to reapply for other alternative
methods of compliance,without prejudice,in accordance with subsection 02 of this section.
• Eagle City Code Section 8-4-4-2(A)(5):
a. Twenty feet(20')for parking lots with less than two hundred(200)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.
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D. DISCUSSION:
• The applicant is requesting design review approval to construct a 139-unit senior living facility and
18-units for independent living for the Linder Senior Living facility. The senior living facility is
proposed to be 51-feet and up to four stories. The independent living facilities are proposed to be
17' 9"(duplex units)and 20' (four-plex units)and all one story. The applicant's justification letter
states the buildings have been designed in a mountain modern craftsman style architecture. The
design includes wood timber,pitched roofs,and large overhangs and varying materials of stucco,
board and batten,stone.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to not interfere with the visual character, quality or appearance of the surrounding area
and City, and where possible, enhance the continuity of thematically common architectural
features, and will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• There are three utility poles with overhead utilities located along the northern boundary of the
development. Pursuant to Eagle City Code Section 8-2A-6(A)(5),utility service systems shall not
detract from building or site design. Cable, electrical, and telephone service systems shall be
installed underground. The applicant should be required to provide a revised site and landscape
plan showing the three overhead utility poles and utilities are to be removed. The revised site and
landscape plan should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The applicant is proposing to use standing seam metal roof on the slopped roofs and some of the
gable roof elements. Pursuant to Eagle City Code Section 8-2A-6(B)(2), metal roofs; standing
seam,batten seam(concealed fasteners required). Metal,standing seam/batten seam is prohibited
on mansard roof sections facing a road. Staff defers comment regarding the use of metal roofing
on this building to the Design Review Board.
• There are three trees located near the southwest corner of the development. The trees to be removed
are two Austrian Pine trees and an Ash tree. The applicant is removing 3-caliper inches and 29-
vertical feet of trees from this site. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a),existing
trees are required to be retained on site unless removal is approved in writing by the City. Pursuant
to Eagle City Code Section 8-2A-7(C)(2)(a),where trees are approved by the City to be removed,
replacement with a species identified in section 8-2A-7Q of this article is required.For each caliper
inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted.For each
vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Staff defers comment regarding the removal of the three trees to the Design Review Board.
If the City approves the removal of the trees and does not required additional mitigation, no
additional trees are required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant should be
required to provide a revised landscape plan showing an additional 3-caliper inches and 29-vertical
feet of tree (2, 2-inch caliper trees and 5, 6-foot evergreen trees) planted on site. The revised
landscape plan should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
-OR-
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If the City approves the removal of the trees and does required mitigation,the applicant may opt to
pay an in lieu fee into the tree fund in the amount of$2,265.00 (3-caliper inches x $175.00 per
caliper inch and 29-vertical feet x$60.00 per vertical foot). The payment to the tree fund should
be received by the City prior to the issuance of a zoning certificate.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the submittal of a final plat
application or commencement of any construction/demolition on the site,whichever occurs first.
• Sheet L502,shows the landscape island located near the northeast corner of the parking lot missing
a tree. 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,ground cover,or grass. The
applicant should be required to provide a revised landscape plan showing a tree to be planted within
the terminal island located near the northeast corner of the parking lot. The revised landscape plan
should be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
.
11 'iF [ (� F
1 I
!
Bort
• The applicant is constructing a 6-foot wide separated sidewalk along North Linder Road. No
landscaping is proposed between the edge of pavement and the 6-foot wide sidewalk. Pursuant to
Eagle City Code Section 8-2A-7(M), in all required applications, excluding residential
developments,one street tree, selected from the approved tree list in subsection Q of this section,
shall be planted per thirty five(35)linear feet of street frontage. The applicant should be required
to provide a revised landscape plan showing street trees planted 35-feet on center, sod, and
irrigation to be located between the edge of pavement and the 6-foot wide sidewalk along the entire
frontage of North Linder Road. The revised landscape plan should be reviewed and approved by
staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
• The applicant has provided a photometric plan and details of the proposed lighting on the building
and within the parking lot, however the height of the parking lot lighting has not been specified.
Pursuant to Eagle City Code Section 8-4-4-2(A)(5), the maximum height for parking lot lights is
twenty feet(20')for parking lots with less than two hundred(200)spaces and 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. The applicant should be required to provide revised light
details showing the height of the parking lot lights not exceeding 20-feet in height and any parking
lot light within 50-feet of the east property line should not exceed 15-feet in height. The revised
light details should be reviewed and approved by staff prior to the issuance of a zoning certificate.
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• Pursuant to 3.6 of the development agreement, the owner is required to provide a 30-foot wide
landscape buffer located adjacent to the entirety of the east property line. The landscape plan shows
plant material to be planted along the eastern 15-feet of the 30-foot wide buffer. Staff defers
comment regarding the proposed plant material and density of plantings to the Design Review
Board.
• Pursuant to 3.6 of the development agreement,the owner is required to provide a vegetative hedge
with a mix of 80% evergreen columnares for year-round coverage, with alternating shrubs for
diversity between North Cherub Avenue and North Linder Road; planting shall be installed at a
minimum of 4-feet in height and shall be double-rowed in strategic locations. Staff defers comment
regarding the proposed plant material and density of plantings to the Design Review Board.
• The applicant is being required to construct North Cherub Avenue along the western portion of the
development. The photometric plan does not show any streetlighting to be installed along North
Cherub Avenue. The applicant should be required to provide a revised photometric plan showing
streetlights to be installed along North Cherub Avenue. The streetlights should be located where
the street curves and at the main entrance to the senior living facility. The revised photometric plan
and detailed cutsheets of the proposed streetlights should be reviewed and approved by staff prior
to the issuance of a zoning certificate.
• North Cherub Avenue will be constructed to ACHD street standards and dedicated to ACHD upon
completion. The landscape plans show drainage swales to be located at the north and south ends
of North Cherub Avenue. The landscape plan indicates that minimal seeding as needed to cover
disturbed areas is proposed within the two drainage swales. The applicant should be required to
provide a revised landscape plan showing the drainage swales,proposed at the north and south ends
of North Cherub Avenue,planted with enhanced landscaping approved by the City of Eagle. The
revised landscape plan should be reviewed and approved by staff and one member of the Design
Review Board prior to the issuance of a zoning certificate.
The landscaping within the drainage swales along North Cherub Avenue,should be maintained by
the Linder Senior Facility. A maintenance agreement between ACHD and the Linder Senior
Facility should be entered into for operation and maintenance of the enhanced landscaping within
the drainage swales located at the north and south ends of North Cherub Avenue. The maintenance
agreement should be recorded prior to the issuance of a building permit for this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on August 22, 2024.
The application was continued to September 26,2024,at which time the Board made their decision.
BOARD DELIBERATION:
On August 22, 2024, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The Board was concerned about the discrepancies between the civil and landscape plans.
• The Board recommended the applicant address the landscape plan with regard to the following: the
legend did not include all plant material,existing trees,tree mitigation,and proposed seed mixes.
• The Board recommended the applicant address the returns on the parapet walls.
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BOARD DELIBERATION:
On September 26,2024,upon completion of the applicant's and staffs presentations,the Board discussed
during deliberation that:
• The Board is in favor of the applicant's revised landscape plan,date stamped by the City on September
17,2024,with the modifications noted herein.
• The Board is in favor of the proposed senior living facility and senior independent buildings design,
materials,and colors as proposed.
• The Board is in favor of the applicant mitigating for the trees proposed to be removed as specified
within site specific condition no. 3.
BOARD DECISION:
The Board voted 5 to 0(Lindgren and Greer absent)to recommend approval of DR-2024-21 for a design
review application for 139-unit senior living facility and 18-units for independent living for the Linder
Senior Living facility,with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board and text shown
with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-02-20 MOD2.
2. The revised landscape plan,date stamped by the City on September 17,2024, showing the removal of
the overhead utilities and poles is approved.Provide a ea site and andseepe plan"howing thms t aee
overhead utility poles and utilities arc to be removed. The revised sitc and landscape plan shall be
b y sFafFprior♦„the: of a z certi fcate
required.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant shall be required
to provide a revised landscape plan showing an additional 3-caliper inches and 829-vertical feet of tree
(2,2-inch caliper trees and 15,6-foot evergreen trees)planted on site. The revised landscape plan shall
be reviewed and approved by staff prior to the issuance of a zoning certificate.
-OR-
If the City approves the removal of the trees and does required mitigation,the applicant may opt to pay
an in lieu fee into the tree fund in the amount of$5,340.00 2,'�(3-caliper inches x $175.00 per
caliper inch and 829-vertical feet x $60.00 per vertical foot). The payment to the tree fund shall be
received by the City prior to the issuance of a zoning certificate.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as may
be approved by the City. A revised landscape plan and/or contribution to the tree fund shall be reviewed
and approved and/or submitted to the City prior to the submittal of a final plat application or
commencement of any construction/demolition on the site,whichever occurs first.
4. The revised landscape plan, date stamped by the City on September 17, 2024, showing a tree to be
planted within the terminal island located near the northeast corner of the parking lot is approved.
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5. The revised landscape plan, date stamped by the City on September 17, 2024, showing trees planted
35-feet on center on the east side of the 6-foot wide sidewalk and showing sod and irrigation to be
located between the edge of pavement and the 6-foot wide sidewalk along the entire frontage of North
Linder Road is approved.
eertiieate.
6. Provide revised light details showing the height of the parking lot lights not exceeding 20-feet in height
and any parking lot light within 50-feet of the east property line shall not exceed 15-feet in height,
including any concrete base. All concrete bases shall have a sack finish. The revised light details shall
be reviewed and approved by staff prior to the issuance of a zoning certificate.
7. Provide a revised photometric plan showing streetlights to be installed along North Cherub Avenue.
The streetlights shall be located where the street curves and at the main entrance to the senior living
facility. The revised photometric plan and detailed cutsheets of the proposed streetlights shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
8. The revised landscape plan, date stamped by the City on September 17, 2024, showing the drainage
swales to be enhanced with landscaping is approved. Provide a revised landscape plan showing the
drainage swales,proposed at the north and south ends of North Cherub Avenue,planted with enhanced
landscaping approved by the City of Eagle. The revised landscape plan shall be reviewed and approved
by staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
9. The landscaping within the drainage swales along North Cherub Avenue, shall be maintained by the
Linder Senior Facility. A maintenance agreement between ACHD and the Linder Senior Facility shall
be entered into for operation and maintenance of the enhanced landscaping within the drainage swales
located at the north and south ends of North Cherub Avenue. The maintenance agreement shall be
recorded prior to the issuance of a building permit for this site.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
11. 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.
12. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
13. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
14. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
15. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control,
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
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2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including,but not limited to, landscaping,fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
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.
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The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
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.
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19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County,State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-21) 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 Board 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 senior living facility and senior cottages is permitted with the approval of
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a design review application within the R-4-DA(Residential with a development agreement[in lieu
of a conditional use permit])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 senior living facility and senior cottage
buildings have been designed to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has been designed with onsite 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
buildings have been designed to meet the Prairie and Craftsman styles specified within the Eagle
Architecture Site and Design Book;
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 buildings are
design to be harmonious with the other surrounding buildings;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the building does not exceed the 51-feet 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 the site has sidewalks
and walking paths that provide access to the buildings and public sidewalks and pathways within
the vicinity;
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. As approved with design review application DR-2024-22, all signs are required to be harmonious
with the architectural design of the building, and will not cover nor detract from desirable
architectural features.
DATED this 10th day of October 2024.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
'salter L' en, Chairman
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