Findings - DR - 2013 - DR-04-11 MOD3 - Modify The Pool House For Henry's Fork BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO MODIFY THE )
POOL HOUSE FOR HENTRY'S FORK )
SUBDIVISION FOR HENRY'S FORK LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-04-11 MOD3
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 12, 2013. 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:
Henry's Fork LLC,represented by Jeff Likes with ALC Architecture,is requesting design review
approval to modify the elevations of the pool house for Henry's Fork 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 August 16, 2013.
C. NOTICE OF AGENCIES' REVIEW:N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 21, 2006, the City Council approved an annexation and rezone from RUT(Rural-
Urban Transition-Ada County designation)to R-2-DA(Residential two units per acre with a
development agreement)and preliminary plat for Park Place Gardens Subdivision for Park Place
Partners,LLC(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 Subdivision(DR-22-06).
On October 24, 2006,the City Council approved a final plat for Shaunessy Subdivision(formerly
Park Place Gardens)(FP-03-06).
On October 23, 2007,the Eagle City Council approved an extension of time for Shaunessy
Subdivision(formerly Park Place Gardens)to be valid until October 24, 2008 (EXT-02-07).
On October 14, 2008,the City Council approved an extension of time for sixty(60) days for
Shaunessy Subdivision(formerly Park Place Gardens)to allow the applicant to remove weeds
growing on the site.Upon the removal of the weeds the City Council granted an extension of time
for Shaunessy Subdivision(formerly Park Place Gardens)to be valid until October 24, 2009
(EXT-14-08).
On November 10, 2009, the City Council approved an extension of time for Shaunessy
Subdivision(formerly Park Place Gardens)to be valid until October 24,2010 (EXT-20-09).
October 12, 2010,the City Council approved an extension of time of the final plat for Shaunessy
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Subdivision(formerly Park Place Gardens)to be valid until October 24, 2011 (EXT-08-10).
On June 14, 2011, the City Council approved a design review application for the common area
landscaping,pool house,and pump house for Shaunessy Subdivision(DR-04-11).
On June 14, 2011,the City Council approved two(2)monuments signs for Shaunessy Subdivision
(DR-05-11).
On August 14, 2012, the City Council approved an extension of time of the preliminary plat for
Shaunessy Subdivision(formerly Park Place Gardens)to be valid until October 24, 2013 (EXT-
06-12).
On March 14, 2013, City Staff approved a design review application modifying the approved
fencing within Henry's Fork Subdivision(DR-04-11 MOD).
On June 27, 2013, the Eagle Design Review Board approved a design review application
modifying the approved fencing within Henry's Fork Subdivision(DR-04-11 MOD2).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two(up to 2 R-2-DA(Residential 2-units/ Single Family,Residential
units per acre) acre with a development Development
agreement)
Proposed No change No change No change
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- Silver Creek Subdivision,
units per acre) unit/2 acres) Single Family residential
and pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The common area landscaping at the entrance and within the
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first phase of this development has been installed.
I. SITE DESIGN INFORMATION:
Total Acreage of Site—95.32 Acres
Total Number of Lots— 126
Residential— 112
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 building to be used as a pool house.
Height and Number of Stories of Proposed Buildings: 18' 6"; one story.
Gross Floor Area of Proposed Buildings: 504-squre feet with a 664-sqauare foot patio cover.
On and Off-Site Circulation:N/A
K. BUILDING DESIGN FEATURES:
Roof:Metal(Rust)
Walls:Cement Lap and Batt and Board Siding, Stone Veneer
Windows/Doors:Vinyl windows(Almond),Metal doors(painted to match adjacent surface)
Fascia/Trim:Rough sawn trim
L. LANDSCAPING DESIGN: No changes are being proposed to the common area landscaping. See DR-
04-11 for approved landscaping and street trees within this development.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
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The pool house includes an equipment room that will screen all equipment associated with the
pool.
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:
No 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 above mentioned agencies 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:N/A
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 Two.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(B)(2)(e)
e.Metal; standing seam,batten seam(concealed fasteners required);
Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road.
C. DISCUSSION:
• On June 14, 2011,the Eagle City Council approved the pool house elevations. The applicant is
requesting design review approval to modify the approved building elevations and floor plan of the
pool house for Henry's Fork Subdivision. The original design of the building was very long and
linear with a hip roof and two open gables over the main entrance to the pool area. The revised
floor plan shows the building being more compact with greater architectural interest through the
use of planer change in the façade of the building. The applicant is proposing a 3-foot high stone
veneer to wrap the entire building. The northeast and southeast elevations the stone will cover the
majority of the walls and accents the fireplace on the southeast elevation. One of the major
modifications to the elevations and site plan is the addition of a 664-square foot patio cover to be
located on the northeast elevation of the building. The materials to be used in the construction of
the patio cover will complement those proposed on the revised building elevations. Large rough
sawn timbers are to be used for the columns and within the open gables so as to match the entry
feature and rustic theme the developer is trying to accomplish within this development.
The applicant is proposing to use a pre finished standing seam metal roof with concealed mounting
cleats. Pursuant to Eagle City Code, standing seam roofs are permitted if concealed fasteners are
used. The proposed metal roof complies with that which is permitted within Eagle City Code.
• 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 September 12,
2013, 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 2 to 0 (Hash abstained, McCullough, Grubb,Hull,and Martin absent)to approve
DR-04-11 MOD3 for a design review application to modify the pool house for Henry's Fork
Subdivision for Henry's Fork 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 DR-04-11,DR-04-11 MOD, and DR-04-11 MOD2.
2. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
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3. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan
review.
4. No ground mounted mechanical units are proposed with this application and none are approved.
5. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
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 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
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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 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
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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.
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
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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 August 16, 2013.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-04-11 MOD3) 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.
3. 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 two with development agreement)zoning district.
DATED this 26th day of September 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE 1
Ada County, Idaho
Eric R. c ullough, Chairman •.•`6%AO ••,
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Ig) ...ea 44,....e.e,Sharon Bergmann, Eagle City -*9,, b3 JO ,,,,,
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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