Findings - DR - 2007 - DR-69-05 - Modify The Clubhouse Facility In Lakemoor Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO MODIFY THE CLUBHOUSE )
FACILITY WITHIN LAKEMOOR SUBDIVISION )
FOR DMB DEVELOPMENTIINVESTMENTS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-69-0S MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 10, 2007. The 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:
DMB Development/Investments, represented by Dan Torfin, is requesting design review approval
to modify the clubhouse facility from 3,400-square feet to 8,015-square feet. The site is located on
the east side of Eagle Road approximately Y.-mile north of Chin den Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 4, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April II, 2007, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 18, 2005, the Eagle City Council approved a design review application for the
common area landscaping and clubhouse facility within Lakemoor Subdivision (DR-69-05).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Subsequent to the Rural Residences &
approval of Ordinance #510) Pasture
Proposed No Change No Change Planned Community
consisting of Office,
Commercial, and
Residential
North of site Residential Two (up to RUT (Residential - Ada Proposed Laguna Pointe
two dwelling units per County designation) - Commercial/Res idential
acre maximum) & Approved for R-E-DA-P/R-2- Subdivision
approved for Mixed Use DA-P/MU-DA
South ofsite Residential One (up to R -I (Residential) Single-family residences
one dwelling units per
acre maximum)
East of site Not in Eagle Area of RUT (Residential - Ada Boise City Wastewater
Impact County designation) facility
West ofsite Residential Two (up to R-2 (Residential) & R-2-P Rural Residences &
two dwelling units per (Residential PUD) Banbury Meadows
acre maximum) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: N/A
1. SITE DESIGN INFORMATION:
Total Acreage of Site - I 78.52-acres
Total Number of Lots - 240
Residential - 142
Commercial- 53
Industrial - 0
Common - 45
Total Number of Units - 142
Single-family - 142
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre* Area A: 4.25-units per acre 5-units per acre maximum
Area B: 1.82-units per acre 2-units per acre maximum
Area C: 3.6-units per acre 4-units per acre
Minimum Lot Size* 4,982-square feet 5,000-square feet in Area A
7,000-square feet in all other
areas
Minimum Lot Width 50-feet 50-feet in the MU zoning
district
Minimum Street Frontage 30-feet O-feet (frontage required only
in residential zoning districts)
Total Acreage of Common Area 3.0 I-acres for Area A 2.35-acres (min.) for Area A
.98-acres for 10% minimum
plus 1.37 -acres for lots smaller
than the minimum (7,000 SF)-
per ECC Section 8-2-4 (G)
Percent of Site as Common Area 28% for Area A 24% (minimum) see above
* As limited in the development agreement.
A portion of the site (Area H and I) is encouraged by the City to be developed as multi-family,
allowing up to six-units per acre, although the applicant is permitted to construct office uses
instead.
The residential "Carriage Home Sites" (Area A) shall be developed in a combination of attached
town homes and detached patio homes at an approximate density of five units per acre.
o Setbacks and Minimum lot size proposed for the Carriage lots:
Front
Rear
Common Side (town home)
Interior Side
Additional Setback for
Multi-Story structures
Street Side
15 feet
I 0 feet
o feet
5 feet
5 feet
15 feet
Minimum Lot Size 5,000 square feet
The residential "Luxury Home Sites" (Area B) shall be developed for single-family detached
homes at an approximate density of two units per acre.
o Setbacks proposed for the Luxury lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
20 feet
25 feet
7.5 feet
5 feet per story
20 feet
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The residential "Custom Home Sites" (Area C) shall be developed in single-family detached
homes at an approximate density of four units per acre.
o Setbacks proposed for the Custom lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
J. GENERAL SITE DESIGN FEATURES:
20 feet
25 feet
7.5 feet
2.5 feet per story - When the 2nd story wall section is
designed to be offset toward the inside of the house from
the lower story so that there is a "break" in the plane of
the wall sections between stories then the second story
setback may be reduced by 2.5 feet.
5 feet per story - When the first and second story wall
sections are designed as a flat, single plane then the side
setback shall be increased by 5 feet for a total side
setback of 12.5 feet.
F or the purposes of implementation of the setbacks noted
herein, the first story shall have a top plate no higher than
ten feet (10').
20 feet
Number and Uses of Proposed Buildings: One building to be used as a clubhouse facility.
Height and Number of Stories of Proposed Buildings: 50-feet, one story.
Gross Floor Area of Proposed Buildings: 8,015-square feet
On and Off-Site Circulation:
A 6,180-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is proposed to be located on the north side of this site and one
24-foot wide driveway is proposed to be located on the west side of this site.
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile and standing seam copper
Walls: Stone veneer (Peoa Sandstone), stucco, timbers, trusses, haunches, and columns
Windows/Doors: Wood aluminum clad windows, Wood aluminum clad doors (stain grade)
FasciafTrim: Cement fiber
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees within this
portion of the development.
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Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees were reviewed and approved with the original landscape review.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: NIA
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has been proposed around the entire parking lot area.
b. Interior Landscaping: 8% interior landscaping is required, 12% is proposed.
M. TRASH ENCLOSURES:
One 100-square foot trash enclosure is proposed to be located along the west side of the site
approximately IS-feet north of the driveway on Colchester Drive. The enclosure is proposed to be
constructed of materials to match those used in the construction of the clubhouse.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened by a screen wall constructed to match the materials
used in the construction of the building.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
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 and Eagle Sewer District
were received by the City with the original review of this development. A preliminary approval
letter from the Eagle Fire Department has 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.
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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
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Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
StreamlCreek - yes
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Chevron Pipeline
Eagle Fire Department
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Letter from Julie Lafferty, City Forester, dated April 23, 2007 (see 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 Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6(B)(6)(a)
All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a
maximum offorty feet (40') within the DDA and TDA and thirty five feet (35') in all other
locations. Additional height may be permitted if a conditional use permit is approved by the
city council.
C. DISCUSSION:
. On October 18, 2005, the Eagle City Council approved a design review application for the
common area landscaping and clubhouse facility within Lakemoor Subdivision (DR-69-05). The
clubhouse as originally approved was 3,400-square feet. This application is requesting approval of
an 8,0 15-square foot clubhouse facility. The reason for the increased square footage is to
accommodate additional meeting rooms and a dining/reception hall. These additional meeting
rooms and dining/reception hall will be used in association with the hotel proposed to be located
south of this facility.
. On June 4, 2007, a modification to the development agreement for this development will be heard
by the Planning and Zoning Commission. The development agreement is being modified to allow
the height of the commercial buildings within this development to exceed the thirty five feet (35')
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in height permitted by Eagle City Code. Cupolas, chimneys, and other non inhabitable
architectural features are the only features that will be permitted to exceed thirty five feet (35') in
height. The highest feature on the proposed clubhouse facility measures at forty six and one half
feet (46 ';2') in height. If the modified development agreement, allowing non inhabitable
architectural features to exceed thirty five feet (35') in height is not approved by the City Council,
the applicant should be required to provide revised elevation plans showing the architectural
features on this building do not exceed thirty five feet (35') in height. The revised elevation plans
should be reviewed and approved by the Design Review Board prior to the City issuing a zoning
certificate for this site.
· Staff defers comment regarding building design and colors to the Design Review Board.
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 May 10,2007, 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 5 to 0 (Grubb and MacDonald absent) to approve DR-69-05 MOD for a design
review application to modifY the clubhouse facility within Lakemoor Subdivision for DMB
DevelopmentlInvestments, 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:
I. Comply with any applicable conditions of A-3-02/RZ-5-02/PP-3-05 and DR-69-05 (Lakemoor
Subdivision).
2. The clubhouse facility shall comply with all requirements of the modified development agreement
(RZ-5-02 MOD).
3. Provide revised elevation and landscape plans showing the location of all ground mounted mechanical
units associated with the clubhouse facility and how they will be screened from view. The revised
elevation and landscape plans 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.
4. All roof vents on the clubhouse shall be painted to match the color of the roof.
5. All ground mounted transformers/cable/phone/mechanical units shall be screened with landscaping.
6. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. No signs are proposed with this application. A separate design review application is required to be
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submitted for approval of any signs for this site.
9. Provide a revised landscape plan indicating all Emerald Arborvitae to be a minimum of eight feet to
nine feet (S' to 9') tall at the time of planting. The revised landscape plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
10. The material and colors presented on May 10, 2007. are approved.
II. Provide revised elevation plans showing the location of the copper rain gutters and down spouts. The
revised elevation plans shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
12. Provide revised elevation plans showing the location of any building lighting to be used on the exterior
of this building. Detailed cut sheets indicating the style. wattage. luminaries. color. height. etc. shall
be submitted. The revised elevation plans and detailed cut sheets 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:
I. 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 any building permits or Certificate of Occupancy,
whichever occurs first.
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.
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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 certity that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) 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
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.
II. 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 ofthe 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 00,600 square feet, and 1,500
gallons per minute for non-residential uses (Le.; 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 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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Park and Pathway Development Committee for a path or
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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.
14. 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.
15. The applicant shall comply with the provisions ofthe 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.
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 first.
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 andlor any other agency having jurisdiction prior to issuance ofa building permit or
Certificate of Occupancy, whichever occurs first.
IS. Basements in the flood plain are prohibited.
19. 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.
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 the City Council 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 constructionl
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 waiverlvariance 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 City Council 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
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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:
I. The application for this item was received by the City of Eagle on April 4, 2007.
2. Requests for agencies' reviews were transmitted on April II, 2007, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-69-0S MOD) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (mixed use with development agreement) zoning district.
DATED this 24th day of May 2007.
ATTEST:
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