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Findings - CC - 2024 - DR-2024-43 - Design Review for Seven Townhome Buildings [35-Units] within River Birch Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR SEVEN TOWNHOME ) BUILDINGS [35-UNITS] WITHIN RIVER BIRCH ) SUBDIVISION FOR WALSH GROUP ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2024-43 The above-entitled design review application came before the Eagle City Council for their action on November 12,2024. The Eagle City Council having heard and taken oral and written testimony,and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Walsh Group, represented by Connor Lindstrom with KM Engineering, LLP, is requesting design review approval for seven townhome buildings(35-units)within River Birch Subdivision(one—7,108- SF, four — 11,777-SF, two — 14,279-SF). The 26.18-acre site is located on the west side of State Highway 16 approximately 1,290-feet north of the intersection of West Beacon Light Road and State Highway 16 at 3701 and 3703 North Highway 16. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 26, 2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 8, 2024, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 18,2007,the City Council approved an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement)for CHM Development(A-04-07/RZ-04-07). On March 12, 2024,the City Council approved a development agreement modification(development agreement in lieu of a PUD) and preliminary plat for Flats Sixteen Subdivision, a 109-lot [59 single- family, 35 single-family attached], 1-commercial, 14-common) mixed use subdivision (RZ-04-07 MOD/PP-01-22). E. COMPANION APPLICATIONS: DR-2024-41 (common area landscaping),DR-2024-42(signage). Page 1 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC door F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with a One(1)Existing Winery and development agreement) Residential Subdivision Proposed No Change No Change One(1)Existing Winery and Residential Subdivision North of site Large Lot with a RUT(Rural-Urban Transition Single Family Residence Transition Overlay —Ada County designation) with Agricultural Land South of site Estate Rural R2 (Low Density Residential Golf Course and Residential Residential(City of Zone—Ada County Subdivision. Star designation) designation) (Trellis Subdivision) East of site Large Lot with a RUT(Rural-Urban Transition Single Family Residence (northern Transition Overlay —Ada County designation) with Agricultural Land portion) East of site Compact with a MU-DA(Mixed Use with a Mixed Use Planned Unit (southern Transition Overlay development agreement) Development(Terra View portion) Subdivision) • West of site Estate Rural R2(Low Density Residential Golf Course Residential(City of Zone—Ada County Star designation) designation) 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. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 26.18-acres(1,140,400-square feet) 1,600-square feet(minimum) Percentage of Site Devoted 33%to 50%(approximately) N/A to Building Coverage Percentage of Site Devoted 15%(approximately) 15%(minimum) to Landscaping Number of Parking Spaces 79-parking spaces 79-parking spaces(minimum— (35-two car garages [70-parking including 35-covered parking spaces],9-onstreet guest parking spaces and 9-guest parking spaces) spaces) Page 2 of 19 K:\Planning DeptiEagle Applications\Drt2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx Lots 6-10,Block 2 SITE DATA PROPOSED REQUIRED* Lot Coverage 34%to 46%(per unit) N/A Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum) Rear Setback(North) 19-feet** 15-feet(5-feet if alley load)(minimum) Side Setback(West) 5-feet** 5-feet(0-feet for common wall) (minimum) Side Setback(East) 5-feet** 5-feet(0-feet for common wall) (minimum) *Note:Setbacks per RZ-04-07 MOD/PP-01-22. **Note:Setbacks measured per building. Lots 12-16,Block 2 SITE DATA PROPOSED REQUIRED* Lot Coverage 34%to 46%(per unit) N/A Front Setback(North) 35-feet** 20-feet(10-feet is alley load)(minimum) Rear Setback(South) 20-feet** 15-feet(5-feet if alley load)(minimum) Side Setback(West) 5-feet** 5-feet(0-feet for common wall) (minimum) Side Setback(East) 5-feet** 5-feet(0-feet for common wall) (minimum) *Note:Setbacks per RZ-04-07 MOD/PP-01-22. **Note:Setbacks measured per building. Lots 19-24,Block 2 SITE DATA PROPOSED REQUIRED* Lot Coverage 34%to 46%(per unit) N/A Front Setback(North) 35-feet** 20-feet(10-feet is alley load)(minimum) Rear Setback(South) 20-feet** 15-feet(5-feet if alley load)(minimum) Side Setback(West) 5-feet** 5-feet(0-feet for common wall) (minimum) Side Setback(East) 5-feet** 5-feet(0-feet for common wall) (minimum) *Note:Setbacks per RZ-04-07 MOD/PP-01-22. **Note:Setbacks measured per building. Page 3 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43utiver Birch Sub Townhomes Findings CC.docx Lots 26-30,Block 2 SITE DATA PROPOSED REQUIRED* Lot Coverage 34%to 46%(per unit) N/A Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum) Rear Setback(North) 20-feet** 15-feet(5-feet if alley load)(minimum) Side Setback(West) 5-feet** 5-feet(0-feet for common wall) (minimum) Side Setback(East) 5-feet** 5-feet(0-feet for common wall) (minimum) *Note:Setbacks per RZ-04-07 MOD/PP-01-22. **Note:Setbacks measured per building. Lots 2-6,Block 4 SITE DATA PROPOSED REQUIRED* Lot Coverage 34%to 46%(per unit) N/A Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum) Rear Setback(North) 20-feet** 15-feet(5-feet if alley load)(minimum) Side Setback(West) 5-feet** 5-feet(0-feet for common wall) (minimum) Side Setback(East) 5-feet** 5-feet(0-feet for common wall) (minimum) *Note:Setbacks per RZ-04-07 MOD/PP-01-22. **Note:Setbacks measured per building. Lots 7-9,Block 4 SITE DATA PROPOSED REQUIRED* Lot Coverage 33%to 43%(per unit) N/A Front Setback(South) 35-feet** 20-feet(10-feet is alley load)(minimum) Rear Setback(North) 20-feet** 15-feet(5-feet if alley load)(minimum) Side Setback(West) 5-feet** 5-feet(0-feet for common wall) (minimum) Side Setback(East) 5-feet** 5-feet(0-feet for common wall) (minimum) *Note:Setbacks per RZ-04-07 MOD/PP-01-22. **Note:Setbacks measured per building. Page 4 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx Lots 12-17,Block 4 SITE DATA PROPOSED REQUIRED* Lot Coverage 34%to 50%(per unit) N/A Front Setback(North) 35-feet** 20-feet(10-feet is alley load)(minimum) Rear Setback(South) 20-feet** 15-feet(5-feet if alley load)(minimum) Side Setback(West) 5-feet** 5-feet(0-feet for common wall) (minimum) Side Setback(East) 5-feet** 5-feet(0-feet for common wall) (minimum) *Note: Setbacks per RZ-04-07 MOD/PP-01-22. **Note:Setbacks measured per building. K. PARKING ANALYSIS: Gross Floor Area of Proposed Townhome Buildings: 74,714-square feet • Eagle City Code Section 8-4-5 requires the following parking for apartments or multi-family dwellings: For each unit with 2 or more bedrooms—2 including 1 covered and 0.25 spaces per unit shall be provided for guest parking. Number of Units: 35 units(all 3-bedroom units) Apartments or multi-family dwellings: Three Bedroom: 2/unit 35x2= 70-parking spaces Guest Parking: 0.25/unit 35x.25 = 8.75-parking spaces Proposed Parking Spaces: 79 [including 35-covered parking spaces and 9-guest parking spaces] Required Parking Spaces: 79 [including 35-covered parking spaces] (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Apartments or multi-family dwellings") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Seven(7)townhome buildings totaling 35-units. Height and Number of Stories of Proposed Buildings: Lots 6-10,Blk 2=30' 5 3/4"(2-story, 5-units) Lots 12-16,Blk 2=30' 5 3/4"(2-story, 5-units) Lots 19-24,Blk 2=30' 5 3/4"(2-story, 6-units) Lots 26-30,Blk 2=30' 5 3/4"(2-story, 5-units) Lots 2-6,Blk 4=30' 5 3/4"(2-story, 5-units) Lots 7-9,Blk 4=30' 5 3/4"(2-story, 3-units) Lots 12-17,Blk 4=30' 5 3/4"(2-story,6-units) Page 5 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx Gross Floor Area of Proposed Buildings: 3-unit Building= First Floor- 5,309-square feet Second Floor- 2,380-square feet Total- 7,689-square feet/each x 1 =7,689-square feet 5-units Buildings= First Floor- 6,741-square feet Second Floor- 3,872-square feet Total- 10,613-square feet/each x 4=42,452-square feet 6-unit Buildings= First Floor- 8,097-square feet Second Floor- 4,768-square feet Total- 12,865-square feet/each x 2=25,730-square feet Gross Floor Area of Proposed Units: Unit Type 1-End= First Floor- 1,356-square feet [3-unit] Second Floor- 896-square feet Total- 2,252-square feet/each x 1 =2,252-square feet Unit Type 2-End= First Floor- 1,661-square feet [3/5/6-units] Second Floor- 614-square feet Total- 2,275-square feet/each x 7= 15,925-square feet Unit Type 3-End= First Floor- 1,654-square feet [5/6-units] Second Floor- 622-square feet Total- 2,276-square feet/each x 6= 13,656-square feet Unit Type 1-Int= First Floor- 1,035-square feet [3/5/6-units] Second Floor- 870-square feet Total- 1,905-square feet/each x 13 =24,765-square feet Unit Type 2-Int= First Floor- 1,356-square feet [5/6-units] Second Floor- 896-square feet Total- 2,252-square feet/each x 8 = 18,016-square feet On and Off-Site Circulation: Two private alleyways (Muscat Lane and Regent Lane) provide access to the garages located at the rear of the proposed residential townhomes. M. BUILDING DESIGN FEATURES: Proposed Building Design: Craftsman Building Color Palette 1 Building Lots 12-17,Blk 4 Building Lots 12-16,Blk 2 Roof: Architectural Shingle(Black),metal(Black) Walls: Hardiplank cementitious lap siding (Dover White SW6385, Intellectual Gray SW7045), hardiplank cementitious shake siding (Roycroft Vellum SW2833), hardiplank cementitious vertical battens(Roycroft Pewter SW2848), stone(Country Hills Tumbled Harristone) Windows/Doors: Vinyl(Black), front door(Urban Bronze SW7048, Tricorn Black SW6258), garage door(Roycroft Pewter SW2848) Fascia/Trim: Wood(Roycroft Vellum SW2833,Coconut Husk SW6111) Page 6 of 19 K:\Planning Dept\Bagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-434tiver Birch Sub Townhomes Findings CC.docx Building Color Palette 2 Building Lots 2-6,Blk 4 Building Lots 6-10,Blk 2 Roof: Architectural Shingle(Black),metal(Black) Walls: Hardiplank cementitious lap siding (Black Fox SW7020, Greek Villa SW 7551), hardiplank cementitious shake siding(Dovetail SW7018), hardiplank cementitious vertical battens(Repose Gray SW7015), stone(Treasure Valley) Windows/Doors: Vinyl (Black), front door(Coconut Husk SW6111, Tricorn Black SW6258), garage door(Dovetail SW7018) Fascia/Trim: Wood(Coconut Husk SW6111,Greek Villa SW7551) Building Color Palette 3 Building Lots 7-9,Blk 4 Building Lots 26-30,Blk 2 Roof: Architectural Shingle(Black),metal(Black) Walls: Hardiplank cementitious lap siding (Roycroft Pewter SW2848, Chelsea Gray SW2850), hardiplank cementitious shake siding (Westchester Gray SW2849), hardiplank cementitious vertical battens(Classical White SW2829), stone(Country Ledgestone,Echo Ridge) Windows/Doors: Vinyl (Black), front door(Urban Bronze SW7048, Tricorn Black SW6258), garage door(Coconut Husk SW6111) Fascia/Trim: Wood(Classical White SW2829,Coconut Husk SW6111) Building Color Palette 4 Building Lots 19-24,Blk 2 Roof: Architectural Shingle(Black),metal(Black) Walls: Hardiplank cementitious lap siding (Muddled Basil SW7745, Downing Sand SW2822), hardiplank cementitious shake siding (Sheraton Sage SW0014), hardiplank cementitious vertical battens(Classic Light Buff SW0050), stone(Coronado Stone Birch Grove) Windows/Doors: Vinyl (Black), front door(Coconut Husk SW6111, Tricorn Black SW6258), garage door(Classic Light Buff SW0050) Fascia/Trim: Wood(Roycroft Vellum SW2833,Coconut Husk SW6111) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: All landscaping for the common areas is being reviewed under application DR-2024-41. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed in the front yard of each unit. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:N/A O. TRASH ENCLOSURES: The trash and recycle bins associated with each unit will be stored within the garage. P. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with by landscaping. No rooftop mechanical units are proposed,and none are approved. Page 7 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx Q. OUTDOOR LIGHTING: The building elevations show two different types of lighting on the townhome units. Additional information regarding the style, illumination type,wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-2024-42) has been submitted for the approval of signs proposed within the development. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Star Fire Department has not been received by the City. The site is located within Star Water service area and within the boundaries of the Star Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees—yes—addressed with DR-2024-41 Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Eagle Fire Department Historic Preservation Commission Idaho Department of Environment Quality 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. Page 8 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx 2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character, quality, or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs, if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses include 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 bases. Uses should complement and don't 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. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.1 The maximum density for the Property shall be 3.59 dwelling units per acre (59 single-family detached and 35 single-family attached dwellings). Page 9 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx 3.5 The required setbacks shall be as follows: Single-Family Attached Units Front 20-feet (10-feet if alley load) Rear 15-feet (5-feet if alley load) Interior Side 5-feet(0-feet for common wall) Street Side 20-feet Maximum Lot Coverage N/A 3.7 Owner shall comply with all parking requirements pursuant to City of Eagle Title 8, Chapter 4. C. PRELIMINARY PLAT CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 1. The developer shall provide shade-class trees(landscape plan to be reviewed and approved by the Design Review Board)along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees.Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. The CC&Rs shall contain a provision granting the City access to install the required street trees within the 8-foot-wide planter strip in the event the City has to utilize the surety for installation of the street trees. 2. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style,durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet(3')above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. Front Yard: A yard extending between the side lot lines across the front of a lot and from the front lot line to the front of the principal building. Interior Side Yard: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. Rear Yard:A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. Street Side Yard:A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. Page 10 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx • 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, and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines,manholes,poles,underground cables,gas lines,wells, and similar installations; and d. The continued maintenance of these service systems. • Eagle City Code Section 8-3-3(B): Fences: 1. In any front yard area, no fence or wall shall be permitted which materially impedes vision across such yard above the height of two and one-half feet(2 Yz)measured from the centerline grade of the adjacent street.Picket style fences where fifty percent(50%)of the fence remains open may be permitted up to four feet(4')in height.Chainlink fencing is prohibited in any front yard area. 2. New fencing located adjacent to any street identified as a collector or arterial on the master street map typologies map in the Eagle comprehensive plan,and on the street side of all corner lots,shall be an open fencing style such as wrought iron or other similar see through,decorative, durable fencing material, except as otherwise may be permitted in subsection 8-2A-7J of this title.Any wooden fence that existed prior to the effective date hereof,may be rebuilt upon the fence's original footprint provided the fence has a picture frame appearance as shown in the EASD book. 4. A permit is required prior to the construction of a fence in any front yard area and along any street within the City subject to the application requirements established in section 8-7-2 of this title. • Eagle City Code Section 8-4-4-2(A): Site and Building Lighting: 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. Page 11 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-202443\River Birch Sub Townhomes Findings CC.docx 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. 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. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way,required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. E. DISCUSSION: • The applicant is requesting design review approval to construct seven townhomes(35-units)within River Birch Subdivision.The applicant's justification letter states that the proposed townhomes are designed with the Craftsman style of architecture.The townhomes feature elements such as covered front porches, square columns, low-pitched gable roofs, and hand-crafted wood and stone work. Staff defers comment regarding the design,materials,and colors of the townhome buildings to the Design Review Board. The proposed buildings should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed buildings should be designed to not interfere with the visual character, quality or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features, and will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed buildings regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • The floor plans show the electrical and gas meters and ground mounted mechanical units located on the sides and rear of the townhome buildings. The townhome lots will be platted as individual lots; therefore,the location of the electrical and gas meters and ground mounted mechanical units will either need to be on the individual lots or a private utility easement is required to address the locations. Staff defers comment regarding the electrical and gas meters and ground mounted mechanical unit locations to the Design Review Board. If the Design Review Board recommends approval of the electrical and gas meters and ground mounted mechanical units in the location shown on the site, landscape, and floor plans, the applicant should be required to provide a private facilities easement added to the CC&R's. The private facilities easement should be reviewed and approved by City Staff and the City Attorney, prior to recordation.A copy of the recorded easement should be received prior to the issuance of a building permit. -OR- If the Design Review Board recommends the electrical and gas meters and ground mounted mechanical units should be located on each individual lot, the applicant should be required to provide revised site, landscape, and floor plans showing the electrical and gas meters and ground mounted mechanical units on each individual lot.The revised site,landscape,and floor plans should be reviewed and approved by staff and one member of the Design Review Board prior to the Page 12 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-202443\River Birch Sub Townhomes Findings CC.docx issuance of a zoning certificate. • The landscape plan shows some of the electrical and gas meters and ground mounted mechanical units screened with landscaping; however,not all utilities are shown to be screened. The applicant should be required to provide a revised landscape plan showing the electrical and gas meters and ground mounted mechanical units screened with landscaping. 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 fencing plan shows 6-foot tall open style fencing on the side and portion of the front yards of the townhome lots and 4-foot tall open style fencing along the front property line of the townhome lots. Z �LeT■- ■.oL� •° L®=■ ■to I-.-+�I ��eSl� a ■o' t.,,/": sts — i, —Nam !zit 4 v. E .mall m0-:o(11p,— Il r,'4i e ewes 7'11111 Vie:■ �iiiiki e. (d;era [wan! t Irma/ ® m r. —tee-■ !©� _ em �! .ems _ FENCE SCHEDULE —O— 4' HEIGHT OPEN VISION FENCE, SEE L8.0-28. Cl 6' HEIGHT OPEN VISION FENCE, SEE L8.0-28. 4"MAX 2NVX.125"METAL POST SPACIN PICKETG mu MAW)CAST ALUMINUM REFERENCE PHOTO G,p. 7 _ IS 1B0'META •ull CHANNEL RNL. I � 1'X'%iBO"METAL CHANNEL 'A III, RAIS.PRE PUNCHED FOR id PICKET INSERTION.PICKETS TO ++ �I �I�il� .I.BE WELDED. i 1 9 1 1 1. PLACE POST FOOTING M Al!OPICKET POST FOOTING PLAN 4'-6'BELOW GRADE R POST SHAL NOT MAKE .TD'DEEP,FO OMMETER� L6, _J CONTACT WITH GROUND / CONCRETE FOOTING Ir- 'I 6'DEPTH COMPACTED AGGREGATE BASE PER to GEO-TECH gg { o NOTES: 2'X 2'METAL I.ALL FENCING COMPONENTS TO BE BLACK_SEE REFERENCE PHOTO. FENCE PANEL 2 ALL MELDS TO BE ALUMINUM. POST 28 4'-6'HEIGHT CLEAR VIEW METAL FENCE (� NTS Pursuant to Eagle City Code Section 8-3-3, 4-foot tall open style fencing is permitted within the front yard area. Eagle City Code Section 8-1-2, the front yard extends between the side lot lines across the front of a lot and from the front lot line of a principal building. The applicant should be required to provide a revised fencing plan showing fencing proposed in the front yard area of the townhome lots a maximum of 4-feet in height. The revised fencing plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The material board shows the style and color of the building wall lighting; however, the illumination type, wattage, etc. wasn't received. The applicant should be required to provide detailed lighting cutsheets showing the illumination type,wattage,etc.of the building wall lighting. The detailed cutsheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 13 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx 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 October 10,2024, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the design,materials, and colors of the townhomes. • The Board recommended the applicant look into expanding the front patio area of the townhomes due to the large front yard area.The Board did not make this a condition as they wanted to leave it up to the applicant on if they wanted to expand the patios. • The Board recommended the utility meters and ground mounted mechanical units be banked together instead of on each unit. The Board did not modify site specific condition no. 2, incase banking them together was not possible. BOARD DECISION: The Board voted 4 to 0 (Greer, Mihan, and Murphy)to recommend approval of DR-2024-43 for a design review application for seven townhome buildings [35-units] within River Birch Subdivision, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated October 24,2024. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on November 12, 2024, at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-2024-43 for a design review application for seven townhome buildings [35-units] within River Birch Subdivision, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-04-07MOD/PP-01-22 and DR-2024-41. 2. Provide a private facilities easement for the gas,electrical,and ground mounted mechanical units added to the CC&R's. The private facilities easement shall be reviewed and approved by City Staff and the City Attorney, prior to recordation. A copy of the recorded easement shall be received prior to the issuance of a building permit. -OR- Provide revised site, landscape, and floor plans showing the electrical and gas meters and ground mounted mechanical units on each individual lot. The revised site, landscape, and floor plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised landscape plan showing the electrical and gas meters and ground mounted mechanical units screened with landscaping or provide details of proposed screen walls showing the height, Page 14 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx material, color, etc. 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. 4. The fencing plan, dated stamped by the City on October 10, 2024, showing the fencing located on the boundary of the townhome lots(including the front yard area)at 4-feet in height is approved. 5. Provide detailed lighting cutsheets showing the illumination type, wattage, etc. of the building wall lighting.The detailed cutsheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. No rooftop mechanical units are proposed with this application and none are approved. 11. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 12. 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. 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. Page 15 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District.Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 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 Page 16 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 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. Page 17 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx 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 Council reviewed the particular facts and circumstances of this proposed design review application (DR-2024-43) 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 townhomes are permitted with the approval of a design review application within the MU-DA(Mixed Use with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed townhome buildings are 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 each townhome is designed with a two car garage and driveway space for additional vehicles; 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 Craftsman style of the townhomes complement the general vicinity; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the style of the townhomes will be harmonious with the style of the single family detached homes; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the townhomes comply with the 35-foot maximum height requirement; Page 18 of 19 K\Planning Dept Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx 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 subdivision has been designed with sidewalk, pathways,and alley loaded garages; 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 subdivision, and will not cover nor detract from desirable architectural features. DATED this 12th day of November 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho • a ' e, Ma ATT ST: ,,,,.u,,,,,,,,,,♦ ,���:' 40RA?'•.. ... 4::::::. Tracy E.0 orn, agle City Clerk ' �' a ; �c ' Y, • SSA �; •'��Y bkM)R��..�i•:,. l j'll 7 E OF\�,,'`', • Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right, pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis. Page 19 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\River Birch Sub Townhomes DR-2024-43\River Birch Sub Townhomes Findings CC.docx