Findings - DR - 2011 - DR-04-11 - Construct The Common Area Landscaping, Pool House, & Pump House For Shaunessy Subdivi BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING,POOL HOUSE, )
AND PUMP HOUSE FOR SHAUNESSY SUBDIVSION )
FOR BHH INVESTMENTS I,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-04-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on May 12, 2011. 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:
BHH Investments I, LLC, represented by Scott Noriyuki with Northside Management, is
requesting design review approval of the common area landscaping, pool house, and pump house
for Shaunessy Subdivision. The 95.32-acre site is located approximately 1,320-feet north of West
Floating Feather Road between North Park Lane and North Meridian Road at 1680 North Park
Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 4, 2011, subsequent
information was submitted on March 4, 2011, and March 10, 2011.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 16, 2011, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 14, 2006, the Eagle City Council approved annexation, rezone, and preliminary plat
applications for Park Place Gardens(A-08-05/RZ-12-05/PP-11-05).
On April 11, 2006, the Eagle City Council approved a design review application for the common
area landscaping and clubhouse within Park Place Gardens (aka: Shaunessy Subdivision) (DR-22-
06).
On October 24, 2006, the Eagle City Council approved a final plat application for Shaunessy
Subdivision(aka: Park Place Gardens)(FP-03-06).
On April 11, 2006, the Eagle City Council approved a design review sign application for two
monument signs for Park Place Gardens(aka: Shaunessy Subdivision)(DR-23-06).
On October 23, 2007, the Eagle City Council approved an extension of time application for a final
plat application for Shaunessy Subdivision(FP-03-06).
On October 14, 2008, the Eagle City Council approved an extension of time application for a final
plat application for Shaunessy Subdivision(FP-03-06/EXT-14-08).
Page 1 of 10
K,\Planning Dept\Eagle Applications\Dr\20 11\DR-04-11 Shaunessy LS and Poolhouse drfdoc
On November 10, 2009, the Eagle City Council approved an extension of time application for a
final plat application for Shaunessy Subdivision(FP-03-06/EXT-20-09).
On October 12, 2010, the Eagle City Council approved an extension of time application for a final
plat application for Shaunessy Subdivision(FP-03-06/EXT-08-10).
E. COMPANION APPLICATIONS: DR-05-11 (design review application for monument signage).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to 2 RUT(Rural Urban Transition- Single Family Dwelling&
units per acre) Ada County Designation) Pasture
Proposed Residential Two(up to 2 R-2-DA (Residential 2-units/ Single Family, Residential
units per acre) acre with a development Development
agreement)
North of site Residential Two(up to 2 R-E(Residential Estates 1- Single family residential
units per acre) unit/2 acres)R1 (Residential subdivision-Varied lot
1-unit per acre-Ada County sizes
designation)RUT(Rural
Urban Transition-Ada County
Designation)
South of site Residential Two (up to 2 R-E(Residential Estates 1- Single family residential
units per acre) unit/2 acres) R1 (Residential subdivision-Varied lot
1-unit per acre-Ada County sizes
designation)
East of site Residential Estates(up to RUT(Rural Urban Transition- Single family residential
1 units per 2 acres) Ada Co. Designation) &PS subdivision
(Public/Semipublic)
West of site Residential Two(up to 2 R-E(Residential Estates 1- Proposed Moffat
units per acre) unit/2 acres) Subdivision, Single Family
residential and pasture
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The previous owner constructed the central sewer, water and
pressurized irrigation infrastructure on the site. The remaining improvements to be completed are
the streets,required landscaping, pool and pool house, and pump house.
I. SITE DESIGN INFORMATION:
Total Acreage of Site—95.32 Acres
Total Number of Lots- 126
Residential— 112
Page 2 of 10
K\Planning Dept\Eagle Applications\Dr\2011 CDR-04-1 I Shaunessy LS and Poolhouse drfdoc
Common— 14
Total Number of Units- 112
Single-family- 112
Existing— 1
Proposed- 112
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.17 units/acre 2-units/acre maximum
Minimum Lot Size 17,000-square feet 17,000-square feet
Minimum Lot Width 75-feet 75-feet(minimum)
Minimum Street Frontage 43-feet 35-feet(minimum)
Total Acreage of Common Lots 18.42-acres 9.53-acres(minimum)
Percent of Site as Common Area 19.3% (approximately) 10% (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One pool house facility and one pump house.
Height and Number of Stories of Proposed Buildings: Clubhouse—22 '/2-feet in height and one story.
Pump house— 10-feet in height and one story.
Gross Floor Area of Proposed Buildings: Pool house=648-square feet
Pump house= 192-square feet
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Composition Shingle(Weathered Wood Shingle)
Walls: Concrete siding(Cork Wedge and Cobble Brown)
Windows/Doors: Vinyl windows (almond),metal doors (painted to match colors of building)
Fascia/Trim: Aurora brown
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed to be placed at the front of each lot on the side lot lines
within the eight foot(8')wide landscape strip.
Page 3 of 10
K.\Planning Depl\Eagle Applications\Dr\2011\DR-04-11 Shaunessy LS and Poolhouse drf.doc
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
No ground mounted mechanical units are proposed. All mechanical equipment is to be located
within the buildings.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator 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 AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
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.
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
Mature Trees-no
Riparian Vegetation - no
Steep Slopes -no
Stream/Creek-no
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 attached. Comments, which
appear to be of special concern, are noted below:
Page 4 of 10
K:\Planning Dept'Eagle Applications\Dr\201 I\DR-04-11 Shaunessy LS and Poolhouse drfdoc
Ada County Highway District—Enter into a new inspection and improvement agreement with
ACHD, resubmit plans for review, correct the installation of the box culvert within Dry Creek
(future location of DeSota Way) as noted in the attached letter from New Dry Creek Ditch
Company.
Central District Health—Restroom facilities must be installed to meet Idaho State Sewage
Regulations. Plans shall be submitted for swimming pools and spas. If the pool is a public pool,
the applicant shall contact CDHfor plan review and licensing information.
Chevron Pipe Line Company—The Chevron Pipe Line crosses Park Lane near the southwest
corner of this development.
Eagle Fire Department—Fire hydrants shall be located not more than six feet from the edge of
pavement. A three foot clear space around the circumference of the fire hydrants shall be
maintained free of landscaping. A complete set of building plans for the pump house and pool
house shall be submitted to the Eagle Fire Department for review and approval prior to any
building permits being issued.
Eagle Sewer District—Final sewer testing shall be completed. Record drawings shall be
submitted before final acceptance will occur.
Idaho Transportation Department—No comment.
New Dry Creek Ditch Company—A set of approved construction drawings are required prior to
the Ditch Company being able to make final comments and to deliver irrigation water to the
development. A set of Guidelines and Procedures have been submitted that the developer is to
comply with.
United Water—This project is serviceable by a 12-inch water main that fronts the property in
Park Lane.
W. LETTERS FROM THE PUBLIC: None received to date.
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 Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
C. DISCUSSION:
• On April, 2006,the Eagle City Council approved a design review application for the common area
landscaping, pool house, and pump house within Shaunessy Subdivision(aka: Park Place
Gardens)(DR-22-06). On October 24, 2006,the Council approved a final plat application for
Shaunessy Subdivision. On several different occasions extension of time applications were
submitted,reviewed, and approved by the City for the final plat application(FP-03-06)but an
extensions of time application for the design review application was never submitted, thus the
application expired.
• The previous owner constructed the central sewer, water, and pressurized irrigation infrastructure
within the site. The remaining improvements to be completed are the streets, landscaping, pool
and pool house, and pump house. The required street trees, landscape buffers, and common area
landscape as shown on the plans date stamped by the City on March 4, 2011, meet Eagle City
Page 5 of 10
K:\Planning Depi\Eagle Applical ions\Dr\2011 CDR-04-I1 Shaunessy LS and Poolhouse drf.doc
Code with regard to quantity, size, and allowed species.
• The landscape plans show a fence to be located around the pool and pool house but do not indicate
the height, style,material, or color. The applicant should be required to provide detailed cut sheets
showing the height, style, material, and color to be used in the construction of the fence around the
pool and pool house. The detailed cut sheets should be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
• 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 to consider the application was held before the Design Review Board on May 12, 2011, 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 4 to 0 (McCullough and Pascua absent) to approve DR-04-11 for a design review
application of the common area landscaping, pool house, and pump house for Shaunessy
Subdivision for BHH Investments I, LLC, with the following staff recommended site specific
conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-08-05/RZ-12-05/PP-11-05/FP-03-06 (Shaunessy
Subdivision, aka: Park Place Gardens).
2. Provide detailed cut sheets showing the height, style,material, and color to be used in the construction
of the fence around the pool and pool house. The detailed cut sheets 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 license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the
City Clerk signing the final plat.
4. All roof vents on the pool house and pump house shall be painted to match the color of the roof.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit payment 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. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
Page 6 of 10
K:\Planning Dept\Eagle Applications\Dr\2011\DR-04-1 I Shaunessy LS and Poolhouse drfdoc
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 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, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
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 Engineer prior to the City Engineer
signing the final plat.
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, or drain,
Page 7 of 10
K:\Planning Dept\Eagle Applications\Dr\2011\DR-04-1I Shaunessy LS and Poolhouse drf doc
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage 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 Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall 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.
Page 8 of 10
K:\Planning Dept\Eagle Applications\Dr\20I1\DR-04-11 Shaunessy LS and Poolhouse drf doc
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council 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 application for this item was received by the City of Eagle on February 4, 2011.
2. Requests for agencies' reviews were transmitted on March 16, 2011, 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-04-11) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Page 9 of 10
K.\Planning Dept\Eagle Applications\Dr\2011\DR-04-11 Shaunessy LS and Poolhouse drf doc
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 R-2-DA (residential with development agreement)zoning district.
DATED this 26th day of May 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cou , Idaho
Eric R. McCullough, Chairman "
,,,,,,,III,,,„,,,
•• E, ,,,
.SS••S.
ATTEST: ��C��� ��J/ ':
n
�
•
* :
•
Sharon K. Bergmann, Eagle City I erk
jAPp',Ii�t�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 10 of 10
K:\Planning Dept\Eagle Applications\Dr\2011\DR-04-11 Shaunessy LS and Poolhouse drf doc