Findings - DR - 2016 - DR-17-14 MOD2 - Modify The Common Area Landscaping In Creek Water Subdivision Pool PoolhouseBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY )
THE COMMON AREA LANDSCAPING )
WITHIN CREEK WATER SUBDIVISION )
TO INCLUDE A POOL HOUSE AND POOL )
FOR BILL BARROS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -17-14 MOD2
The above -entitled design review application came before the Eagle Design Review Board for their action
on June 23, 2016. 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:
Bill Barros, represented by Jake Merrill with Infinity Pools, is requesting design review approval to
modify the common area within Creek Water Subdivision to include a 400 -square foot pool house with
a 760 -square foot covered patio and a pool. The 0.23 -acre site is located on the east side of North
Ripple Creek Place at 1118 North Ripple Creek Place (Lot 8, Block 1, Creek Water Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 27, 2016.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 5, 2006, the Planning and Zoning Commission held a public hearing and recommended
approval of the annexation, rezone with development agreement, and preliminary plat applications for
Gray Eagle Subdivision (A-06-06/RZ-06-06/PP-06-06).
On January 16, 2007, the City Council remanded the applications to staff for Gray Eagle Subdivision
(A-06-06/RZ-06-06/PP-06-06). Due to inactivity on these applications, the applications were
considered withdrawn.
On October 22, 2013, the City Council approved an annexation, rezone with development agreement,
and preliminary plat (A-02-13/RZ-03-13 & PP -03-13) for the Creek Water Subdivision.
On April 24, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Creek Water Subdivision (DR -17-14).
On June 15, 2015, the City approved a design review sign application for the subdivision entry
monument signs for Creek Water Subdivision (DR -20-15).
On September 23, 2014, the Eagle City Council approved a final plat application for Creek Water
Subdivision (FP -16-14).
On November 12, 2015, the Eagle Design Review Board approved a design review application to
modify the common area landscaping within Creek Water Subdivision (DR -14-17 MOD).
On January 26, 2016, the Eagle City Council denied an appeal requesting a fence be permitted to remain
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around the perimeter of the irrigation pond (AA -06-15).
On March S, 2016, the Eagle City Council declined the request regarding mediation regarding the
requirement to remove the fence located around the perimeter of the irrigation pond (AA-06-15/DR-
17-14 MOD).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is an undeveloped lot within Creek Water Subdivision.
I. SITE DATE:
SITE DATA
COMP PLAN
ZONING
LAND USE
25 -feet (west)
DESIGNATION
DESIGNATION
15 -feet (east)
Existing
Transitional Residential
R -3 -DA- (Residential
Single family residential
Side Setback
(3 units per acre
maximum three units/acre
development
maximum) -Park Lane
with a development
Planning Area
agreement)
Proposed
No Change
No Change
No Change
North of site
Residential Two (up to
R -E (Residential Estates — up
Single family residential
two units/acre)
to one unit per two acres)
(Cavallo Subdivision)
South of site
Transitional Residential
RUT (Rural Urban
Agricultural land
(3 units per acre
Transition -Ada County
maximum) -Park Lane
Designation)
Planning Area
East of site
Transitional Residential
RUT (Rural Urban
Agricultural land
(3 units per acre
Transition -Ada County
maximum) -Park Lane
Designation)
Planning Area
West of site
Residential One
A -R -DA (Agricultural-
Abundant Life Baptist
Residential with a
Church and a single family
development agreement)
home
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is an undeveloped lot within Creek Water Subdivision.
I. SITE DATE:
SITE DATA
PROPOSED
REQUIRED
Front Setback
25 -feet (west)
30 -feet (minimum)
Rear Setback
15 -feet (east)
25 -feet (minimum)*
Side Setback
14 -feet (north)
7.5 -feet (minimum)
Side Setback
641/2 -feet (south)
7.5 -feet (minimum)
14ote: rut_ is-L-4(A)(.zy open structures such as porct►es, canopies, balconies, platforms, carports, covered patios and similar
architectural projections shall be considered part of the building to which they are attached and shall not project more than
15 feet into the required rear yard setback.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building to be used as a pool house with a large covered patio.
Height and Number of Stories of Proposed Buildings:
The building is approximately 16 -feet high and single -story.
Gross Floor Area of Proposed Buildings:
The restroom facility and enclosed mechanical room is approximately 400 -square feet and the covered
patio is approximately 760 -square feet.
K. BUILDING DESIGN FEATURES:
Roof: Architectural shingles (Charcoal)
Walls: Stucco (Caper), Fieldstone
Windows/Doors: Wood (Mellow Ivory)
Fascia/Trim: Fiber Cement fascia and soffits (Caper)
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 throughout the development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The mechanical units for the pool are to be located within the pool house facility. No exterior
mechanical units are proposed and none are approved.
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.
1 VW14 cc] .r•Te1N
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
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
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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:
Chapter 6 — Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential Three
Suitable primarily for single family residential development within an urbanized setting. An allowable
density of up to 3 units per 1 acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E*
Zoning Maximum Interior Street
District I Height Front Rear Side Side
R-3 I 35' 30' T
20'
• Eagle City Code Section 8 -2A -7(A)(5)
5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of
all proposed landscape material at the time of planting.
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C. DISCUSSION:
• The applicant is requesting design review approval to construct a pool house and pool on Lot 8,
Block 1, for Creek Water Subdivision. The pool house will have restroom facilities and a
mechanical room with an approximately 760 -square foot covered patio area. There is an existing
solid 6 -foot high brown vinyl fence located along the east property line of the site. The applicant
is proposing to install a 6 -foot high wrought iron fence with brown posts on the north and south
property lines and along western frontage of the pool area. The wrought iron fence with brown
posts matches the existing 4 -foot high fence that exists adjacent to all common areas within the
development. Staff defers comment regarding the building design and colors to the Design
Review Board.
The site plan, date stamped by the City on May 27, 2016, and June 20, 2016, shows the pool
house to be located 25 -feet from the front yard setback. Pursuant to Eagle City Code, the front
yard setback in the R-3 zone is 30 -feet. The applicant should be required to provide a revised site
plan showing the front yard setback to be a minimum of 30 -feet. The covered patio may not be
any closer than 10 -feet from the rear yard setback. The revised site plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
The site plan, date stamped by the City on May 27, 2016, and June 20, 2016, shows plant material
to be planted around the perimeter of the site; however, a plant legend specifically calling out the
plant material and sizes. The applicant should be required to provide a landscape plan providing
a plant list with botanical and common name, quantity, and spacing and size of all proposed
landscape material at the time of planting. The landscape plan should be reviewed and approved
by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
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 June 23, 2016, 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 3 to 0 (Schafer, Baer, Germano, and Koci absent) to approve DR -17-14 MOD2 for a
design review application to modify the common area landscaping within Creek Water Subdivision to
include a pool house and pool for Bill Barros, 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 all conditions of Creek Water Subdivision (A-02-13/RZ-03-13/PP-03-13, FP -16-14,
DR -17-14, and DR -17-14 MOD).
2. Provide a revised site plan showing the front yard setback to be a minimum of 30 -feet. The covered
patio may not be any closer than 10 -feet from the rear yard setback. The revised site plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
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3. Provide a landscape plan providing a plant list with botanical and common name, quantity, and
spacing and size of all proposed landscape material at the time of planting. The landscape plan shall
be reviewed and approved by staff and two members of the Design Review Board prior to the
issuance of a zoning certificate.
4. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
5. No signs are proposed with this application and none are approved.
6. Provide revised elevation plans showing architectural interest to the overall building b, ay dding
additional stone wainscoting, interest to the roof line, and/or modifying the walls to provide planner
change, etc. The revised elevation plans shall be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certirficate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
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
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issued.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
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writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
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).
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -17-14 MOD2) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R -3 -DA (residential maximum three units/acre with a development agreement) zoning district.
DATED this 14' day of July 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Gru Chairman
ATTEST:
j0'. Ce-A-e-a—k '
Sharon K. Bergmann, Eagle City Jerk
�•• OF Eq
SEAL_
OF P•,�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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