Findings - DR - 2004 - DR-07-04 - Construct A Clubhouse And Pool Area For Rivers End Pud/
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A CLUBHOUSE AND POOL AREA FOR
RIVERSEND SUBDIVISION FOR
HOWELL-KISER DEVELOPMENT GROUP
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-O7-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 12, 2004. 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:
Howell-Kiser Development Group, represented by Lynn Brown with Lynn Brown Architect
Planner, is requesting design review approval to construct a clubhouse and pool area for
RiversEnd Planned Unit Development. The site is located on the north side of Island Woods
Drive approximately 2,665-feet east of Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 8, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 14, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 23, 2001, the Eagle City Council approved an annexation and rezone, conditional use
permit, planned unit development preliminary development plan and preliminary plat application
(A-I-0l/RZ-I-0l/CU-3-01/PPUD-I-0l/PP-2-01) for RiversEnd Planned Unit Development.
On May 14, 2002, the Eagle City Council approved a final development plan and final plat
application FPUD-I-02/FP-3-02) for RiversEnd Planned Unit Development.
On January 22,2002, the Eagle City Council approved a design review application (DR-78-0l) for
the common area landscaping including a clubhouse within RiversEnd Planned Unit Development.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Two R-2-P (Residential - PUD) RiversEnd Planned Unit
Development No.2
Proposed No Change No Change Clubhouse & pool area
North of site Residential Two R-2-P (Residential - PUD) Future single family dwelling
South of site Residential Two R-2-P (Residential - PUD) East Island Wood Drive
East of site Residential Two R-2-P (Residential - PUD) Vacant
West of site Residential Two R-2-P (Residential - PUD) Future single family dwelling
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The street trees along East Island Wood Drive have been
installed by the developers.
I. SITE DESIGN INFORMATION:
Total acreage of site: 31,243-square feet (O.72-acres)
Percentage of site devoted to building coverage: 4% (approximately)
Percentage of site devoted to landscaping: 80% (approximately)
Front building setback: 90-feet
Rear building setback: 70-feet
Side building setback: 25-feet (south)
Side building setback: 44-feet (north)
Number of parking spaces: 13-parking spaces
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a clubhouse.
Height and Number of Stories of Proposed Buildings: Twenty three feet (23') to the roof peak and
twenty five and one half feet (25 W) to the top of chimney; one story.
Gross Floor Area of Proposed Buildings: 1 ,394-square feet
On and Off-Site Circulation:
A 4,690-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway will be located on the west side of this site approximately 85-feet
north of the northeast comer of the intersection of South Aspen River Way and East Island Wood
Drive providing access to South Aspen River Way.
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K. BUILDING DESIGN FEATURES:
Roof: Certainteed 50 year presidential high profile shingles (Charcoal Black)
Walls: Pre-colored stucco (tequila), cultured stone wainscoting (sandstone)
WindowslDoors: Vinyl windows (desert sand), metal doors (beige)
FascialTrim: Built-up prime trim material (black)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along East Island
Wood Drive, which the applicant will retain.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant will plant two (2) autumn purple ash trees along South Aspen River
Way.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping will be installed around the perimeter of this site.
b. Interior Landscaping: 5% interior landscaping is required. 8% will be installed.
M. TRASH ENCLOSURES:
A 10-square foot trash enclosure will be located within the building near the storage room. The
trash will be removed from the site or placed within an approved trash can and placed at the curb
for pick-up by the local refuse company.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. The ground mounted mechanical units
will be screened with landscaping.
O. OUTDOOR LIGHTING:
Other than recessed soffit lighting, no building lighting has been proposed and none is approved.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
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R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Portions of this area are designated as a Hazard Area
and Special Area in the Comprehensive Plan
Evidence of Erosion - not significant
Fish - yes
Floodplain - yes
Floodway - yes
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek: yes
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - none shown to exist
Wildlife - yes
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC:
Letter from Keith Adkins, City Forester, date stamped by the City on February 4, 2004 (attached).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Residential.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
C. DISCUSSION:
.
Staff defers comment regarding building design and colors to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on February 12, 2004, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Grubb absent) to approve DR-07-04 for a design review application to
construct a clubhouse and pool area for RiversEnd Subdivision for Howell-Kiser Development
Group, 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-I-0l/RZ-1-01lCU-3-01/PPUD-I-01/PP-2-01 (RiversEnd
Subdivision).
2. Comply with any applicable conditions of FPUD-I-02/FP-3-02 (RiversEnd Planned Unit Development
No.1).
3. Comply with any applicable conditions ofDR-78-01 (common area landscaping including a clubhouse
within RiverEnd Planned Unit Development).
4. Paint all vents and similar features on the clubhouse so as to be nonreflective and to blend with the
exterior colors of the building.
5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
8. Provide revised elevation plans showing the base of the chimney to be a minimum of five feet (5')
high by eight feet (8') wide by two and one half feet (2 W) deep. The revised elevation plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to the City issuing
a zoning certificate for this site.
9. Provide detailed drawings indicating that the two foot (2') high concrete wall that is to be located
under the six foot (6') high wrought iron fence shall be finished to match the stucco texture and color
used in the construction of the building. The drawings shall be reviewed and approved by staff and
one member of the Design Review Board prior to the City issuing a zoning certificate for this site.
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
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be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs flfst.
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 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. 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
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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 Certificate of Occupancy.
10. 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.
11. 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.
12. 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 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 flfst.
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.
13. 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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. 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 flfst.
16. 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 flfst.
17. 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.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
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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
Commission and/or Council.
20. 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/or the Planning and Zoning Commission for
review and approval.
21. 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.
22. 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.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. 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 the Design Review Board approval date).
25. 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.
26. 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 application for this item was received by the City of Eagle on January 8, 2004.
2. Requests for agencies' reviews were transmitted on January 14, 2004, in accordance
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-07-04) 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.
with the
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DATED this 26th day of February 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada count~~
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ATTEST:
fl,- Cv-L.. \::::- .I!J (~
Sharon K. Moore, Eagle CIty Clerk
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