Findings - DR - 2013 - DR-62-12 - Mace River Ranch Sub - Construct Common Area Andscaping And Clubhouse For Mace River Ranch Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE )
COMMON AREA LANDSCAPING AND CLUB HOUSE )
FOR MACE RIVER RANCH SUBDIVSION )
FOR MACE RIVER RANCH LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-62-12
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 10, 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:
Mace River Ranch LLC, is requesting design review approval to install the common area
landscaping within Mace River Ranch Subdivision. This application also includes the approval of
a 1,776-square foot club house. The 192.76-acre site is generally located on the north side of West
Mace Road,north of Two Rivers Subdivision, at 800 West Mace Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 6, 2012.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 10, 2012, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS:
RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12 (Mace River Ranch Planned Unit Development)
FPDP-01-12 (Floodplain development permit for Mace River Ranch)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two(up to A(Agricultural up to one unit Agricultural
two units/acre) per twenty acres)
Proposed No Change R-2-DA-P(Residential Single-Family, Residential
maximum two units/acre with Planned Unit Development
a development agreement and
a planned unit development)
North of site Floodway RUT(Ada County Boise River and vacant
Designation)and R-4 parcels
(Residential maximum four
units/acre)
South of site Residential Two(up to R-2-DA-P(Residential Two Rivers Subdivision
two units/acre) maximum two units/acre with and single-family dwellings
a development agreement and located on parcels outside
a planned unit development) of a subdivision
and
A(Agricultural up to one unit
per twenty acres)
East of site Residential Two(up to C-1 Neighborhood Business Boise River and Channel
two units/acre) District Center Subdivision
(Commercial Subdivision)
West of site Residential Two(up to A(Agricultural up to one unit Agricultural and single-
two units/acre) per twenty acres) family dwellings located on
parcels outside of a
subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing dwelling unit on 7.45-acres of the 192.76-acres. The dwelling unit is to
remain until the original property owner moves out of the house. The property is surrounded by
the north channel of the Boise River to the north, Eagle Road to the east, and Mace Road to the
south. The property is currently farmed with the exception of the riparian area located adjacent to
the Boise River. There are numerous trees located within the riparian area of the Boise River,
along Eagle Road, and within the waterways throughout the property.
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I. SITE DATA:
Total Acreage of Site— 192.76-acres
Total Number of Lots—283
Residential—255
Commercial—0
Industrial—0
Common—28
Total Number of Units-
Single-family—255
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.88-dwelling units per acre Up to two(2)units per acre
(excluding floodway) maximum
1.32-dwelling units per acre
(inclusive of floodway)
Minimum Lot Size 6,600-square feet 17,000-square feet
(Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same square-footage
in open space and a planned unit
development is applied for and
approved-per ECC Section 8-6-5-5
[A]).
Minimum Lot Width 60-feet* 75-feet(minimum)
Minimum Street Frontage 35-feet 35-feet(minimum)
Total Acreage of Common Area 68.03-acres 44.23-acres(minimum)
Open Space
Percent of Site as Common Area 35.3% 22.9%
Open Space Except that,according to ECC
Section 9-3-8 (C)the City may
require additional public and/or
private park or open space facilities
in PUDs or in subdivisions with 50
or more lots.
*Note—A reduction of lot width may be permitted provided a planned unit development is approved.
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on November 2, 2012, shows a large
common lot located on the northern portion of the development and terminating at the
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Chevron Pipe Line easement. This common area will contain a 10-foot wide "Greenbelt"
asphalt pathway for public use. The common area will also contain eight foot (8') wide
pathways be utilized by the residents within the development.
Open Space:
A total of 68.09-acres(35.3%) of common area(inclusive of floodway) is proposed within
the planned unit development. The area proposed for development located outside of the
floodway consists of 20.68-acres (10.7%) of common area. The common area is a
combination of linear pathways, road buffer areas, and street landscape islands. The
preliminary plat, date stamped by the City on November 2, 2012, also shows five (5)
common areas located throughout the development which will contain large ponds and a
club house and pool. The preliminary plat also shows a buffer area located adjacent to
West Mace Road which will be a continuation of Island Woods Way a residential
collector.A minimum of 20% open space is required within a planned unit development.
Planned unit developments that contain lots that are smaller than the minimum lot size
may be allowed if there is an "offsetting increase"of same square footage in open space
and a favorable findings is made by the Council that the smaller lots are appropriately
integrated into the design and that the building product type is compatible with the PUD
and surrounding area. The initial starting point for minimum open space, prior to any
"offsetting increase"being added, shall be the area equal to ten percent (10%) of the site,
however, the total open space shall be equal to or greater than twenty percent (20%),
inclusive of the"offsetting increase"square footage.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements,and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility and drainage easements to be not less than
12 feet in width. The applicant provided a preliminary plat, date stamped by the City on
November 2, 2012, which does not note or delineate utility, drainage, and irrigation
easements.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—Yes
The existing residential dwelling is served by a septic system. The applicant will be
required to obtain the proper permits and abandon the septic system prior to the City Clerk
signing the final plat.
Preservation of Existing Natural Features:
The property is currently farmed with the exception of the riparian area located adjacent to
the Boise River. The applicant has indicated that they will be working with Trout
Unlimited, Idaho Department of Fish and Game, and other organizations to provide a
nature park within the designated floodway area located adjacent to the north channel of
the Boise River.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. BUILDING DESIGN FEATURES:
Number and Uses of Proposed Buildings: One club house.
Height and Number of Stories of Proposed Buildings: Club house — 23-feet in height and one
story.
Gross Floor Area of Proposed Buildings: Club house= 1,776-square feet
Club House Building Materials:
Roof: Asphalt shingle(charcoal)
Walls: Stucco (Kilim Beige), stone (Prairy Moss), Timbers — rough sawn fir (stained dark
brown),rough sawn cedar(stained dark brown)
Windows/Doors:Wood windows(bronze exterior),Knotty Alder doors(stained walnut color)
Fascia/Trim:Wood grain hard board(dark brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located within
the riparian area of the Boise River, along Eagle Road, and within the waterways throughout the
property that are to be retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board.
Street Trees: The applicant is proposing street trees to be located at each lot corner along the
public and private streets of the proposed development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Landscaping is proposed around the perimeter of the parking lot for the club
house.
b. Interior Landscaping: 8%interior landscaping is required, 10%is proposed.
M. TRASH ENCLOSURES:
The application indicates that the trash tote is to be located by the ground mounted mechanical unit
and is to be screened by a half wall finished with stucco to match the building.
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 and landscaping.
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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 and Eagle Fire Department
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—Yes—Flood area adjacent to the Boise River
Evidence of Erosion—unknown
Fish Habitat—Yes—Boise River and possibly in the irrigation canals
Floodplain—Yes— 100 yr. floodplain/Zone AE,Floodway/Zone FW adjacent to the Boise River
Mature Trees—Yes—adjacent to existing residential dwelling, river,and portions of the irrigation
canals located on-site
Riparian Vegetation—Yes—in proximity to the Boise River
Steep Slopes—No
Stream/Creek—Yes—Boise River
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—Yes—riparian areas adjacent to the Boise River
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN OF REQUIRED):
The Environmental Assessment Plan, date stamped by the City on December 12, 2012, indicated
that approximately a quarter of the area would be used for open space, which includes a nature
park, ponds and landscaped areas. Additional river corridor would be preserved and created to
unsure riparian and wetland habitat would not decline. Wildlife species not capable of adapting to
human development will leave the area while wildlife attracted to open water and trees would
increase.The proximity of a proposed natural area adjacent to the river will play an important role
in retaining and perhaps enhancing wildlife habitat within the City of Eagle.
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:
Boise River Flood Control District#10—A significant area of this property is within the
authorized boundary of FCD1 0. The applicant should comply with the Procedures for Review
and Approval of Proposed Projects Within the Jurisdiction of Boise River Flood Control District
No. 10
Central District Health—Requires central sewer and water.
Chevron Pipe Line Company -Indicated that CPL has a conflict with this application due to the
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pipe line crossing the proposed development. The correspondence provided information for
contacting CPL and what the company's requirements are regarding encroachments of their
right-of-way.
Eagle Fire Department—No opposition. However,prior to any building permits being issued, a
complete set of building plans are required to be submitted to the EFD for review and approval.
Idaho Transportation Department—No objection to the proposed application as the application
does not require any new access to the State Highway System.
Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.—Out of their service area.
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 August 25, 2009), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek(Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also,the
floodway areas shall not be considered as a part of the minimum area of open space required(as
required within the zoning ordinance)unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities.Any portion
of the floodway developed as a substantially improved wildlife habitat area open to the public,or
useable public open space,such as a pathways,ball fields,parks,or similar amenities as may be
approved by the City Council,may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation shown shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City,the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
6.4 Land Use Goals
A. Preserve the rural transitional identity of the City of Eagle.
6.5 Land Use Objectives
A. To encourage the conservation and preservation of open spaces,sensitive habitat for plant and
wildlife species,and unique areas based on diverse values within the City of Eagle
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6.6 Land Use Implementation Strategies
A. Conserve the natural features and resources of Eagle.
Q. Support City of Eagle flood and storm drainage regulations to achieve protection of property
rights, environmental protection and flood damage reduction for community residents.
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including
large lot subdivisions.
W. Use smaller planning areas to help guide development in the western planning area.
Chapter 7—Natural Resources and Hazard Areas
7.8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the
Eagle AOI. Future areas may be added to the Comprehensive Plan when deemed necessary.
Areas of flooding consist of two parts:(1)the floodway which is the most severe area of flooding
characterized by deep and fast moving water;and(2)the floodplain which is less severe than the
floodway and is characterized by shallower and slower moving waters at the time of flooding.
The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably
flood due to seasonal weather conditions.
A natural state,such as a greenbelt,a wildlife habitat,an agricultural area,an open space area,a
recreational area and/or a nature area,may be encouraged in the 100-year floodplain of the Boise
River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The Federal Emergency
Management Administration(FEMA)maps show specifically where the floodway and floodplain
boundaries are located. (Also,see Eagle City Code for definitions of terms relating to the
floodplain areas.)
7.9 Goals
A. Special concern and attention should be given to the preservation of fish,wildlife,water
resources,air quality, agriculture,open space and recreation/nature areas when implementing
planning and zoning decisions.
B. To provide special concern and attention to the preservation of native wildlife,fish and plants,
water resources,air quality, agriculture,open space and recreation/natural areas when
implementing planning and zoning decisions.
C. Recognize the importance of wildlife habitat,and plan development to maintain and enhance
native wildlife.
7.9.1 Objectives
A. To provide and protect riparian habitat that provide crucial food, shelter and water for resident
and migratory wildlife by protecting existing and rehabilitating degraded riparian corridors.
D. To protect unique and important features such as rare plant populations, colonial wildlife
features,rare species,springs and high quality native plant communities.
7.9.2 Policies
A. Encourage development with a small footprint on the land, leaving large contiguous areas of
open space in perpetuity.
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B. Link protected habitat areas with each other using areas of limited development.
C. Encourage the City to develop working relationships with Idaho Department of Fish and
Game.
D. Consider wildlife issues when developing housing and transportation corridors.
E. Encourage water conservation and wildlife habitat through the use of native vegetation in
developments and transportation corridors.
7.9.3 Implementation Strategies
B. Require developers to complete an environmental assessment and mitigation plans prior to
final plan submittal. This will include a species inventory and report on any species of
concern, and will incorporate wildlife habitat in transportation considerations.
C. Require developers in sensitive areas(Foothills or riparian areas)to retain at least 40%of the
gross acreage as open space in large contiguous blocks.
B. DEVELOPMENT AGREEMENT PROVISIONS,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 3.10 A minimum of one emergency and/or service access point to the Boise River for the use of
repair and rescue equipment and personnel shall be provided. Location and width of
emergency and/or service access shall be as determined in coordination with the City of
Eagle Park and Pathway Development Committee, Eagle Fire Department, and Boise
River Flood Control District #10 and approved by the Eagle City Council prior to City
approval of a master design review application for the Property.
• 3.11 Applicant shall provide a pool and club house as generally depicted on the Concept Plan.
The intent of the pool and club house is to provide a venue for activities for the residents
of the development. The building architecture and associated landscaping shall be
reviewed and approved by the Eagle Design Review Board the poolhouse and pool prior
to the City Clerk signing the final plat for Phase No. 1.
• 3.12 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot(10')wide asphalt public pathway to be located
within a twenty-five foot(25')wide easement in alignment with the pathway located on
the property east of the Property. The specific location and design of the pathway shall be
approved by the Design Review Board. The asphalt pathway shall be located in a recorded
easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code
Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements
shall be referenced on the face of the plat for Mace River Ranch,upon recordation of the
final plat wherein the pathway is located. Other than any pathways approved by Eagle,any
additional development within the Floodway shall be reviewed and approved by Eagle
prior to the commencement of construction.
C. PRELIMINARY PLAT PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The applicant shall submit a design review application showing: 1)proposed subdivision signage,
2)planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3)building elevations for all proposed common area
structures and irrigation pump house 4)landscape screening details of the irrigation pump house,
5)useable amenities such as picnic tables,covered shelters,benches,playground equipment,
gazebos,and/or similar amenities,6)located of the 10-foot wide greenbelt public pathway to be
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located adjacent to the Boise River.The design review application shall be reviewed and approved
by the Design Review Board prior to the submittal of a final plat application.
• The final location and design of the nature preserve and pathway shall be reviewed and approved
by the Design Review Board prior to the submittal of a final plat application.
• The developer shall provide 3-inch minimum caliper shade-class trees(landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines,or as approved by
the Design Review Board and within five-feet(5')of the edge of the roadway. Prior to the City
Clerk signing the final plat,the applicant shall either install the required trees,sod, and irrigation
or provide the City with a letter of credit for 150%of the cost of the installation of all landscape
and irrigation improvements within landscape strips. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not
permit landscaping.
• All internal pathways shall be a minimum of eight feet(8')in width.
• The applicant shall be required to construct a nature preserve area on 43-acres of Lot 1,Block 1,
and provide a 10-foot wide public pathway located within a 20-foot wide pedestrian access
easement. The pathway shall be located in proximity to the Boise River.The pathway shall be
completed prior to the City Clerk signing the first final plat.
• The applicant shall provide a revised preliminary plat showing a 35-foot wide buffer common lot
located adjacent to Island Woods Drive and Mace Road. The revised preliminary plat shall be
provided to the City prior to the submittal of a design review application.
D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles,themes,and elements
envisioned through the requirements of this article.The EASD book,established through a
resolution of the city council and as may be amended through future resolution(s),contains all
exhibits referenced in this article and is incorporated herein by reference.However,exhibit A-
1 may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles.Architectural styles not shown within the EASD book will
not be considered. A copy of the EASD book is available at Eagle city hall.
• Eagle City Code Section 8-2A-6(A)(3)
Site Grading And Drainage:The on site grading and drainage shall be designed so as to
maximize land use benefits and to minimize off site impact and provide for slope and soil
stabilization to prevent erosion and the design review board shall consider:
a. The existing and proposed grading relative to soil removal,fill work,retainage, soil
stabilization, erosion control on the site and the adjacent terrain and streets,and adoption
of the development to the existing site contours;
b. The planting of ground covers or shrubbery to prevent dust,to stabilize soils and
embankments and to control erosion;
c. Existing and proposed storm drainageways,canals, floodway and floodplains relative to
flow or alignment alterations, containment and endangerment of health; and
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d. The maintenance of floodway, floodplains,drainageways, channels,culverts,head
gates,canals,and soils.
• Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35')wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100) linear feet of right of way: four(4)
shade trees,five(5) evergreen trees,and twenty four(24) shrubs. Each required shade tree
may be substituted with two(2) flowering/ornamental trees,provided that not more than fifty
percent(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high,berm,decorative block wall,
cultured stone, decorative rock,or similarly designed concrete wall,or combination thereof
shall be provided within the buffer area.The maximum slope for any berm shall be three feet
(3')horizontal distance to one foot(1')vertical distance.If a decorative block wall,cultured
stone, decorative rock,or similarly designed concrete wall is to be provided in combination
with the berm,a four foot(4')wide flat area shall be provided for the placement of the
decorative wall.Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall
not be permitted
• Eagle City Code Section 8-2A-7(J)(5)
Common Area Landscapes:New residential subdivision common area landscapes shall be
comprised of the following:
a. Lawn, either seed or sod.
b. A minimum of one deciduous shade tree per one thousand(1,000) square feet.
• Eagle City Code Section 8-2A-7(J)(6)
Design Considerations For Residential Developments:
a.For design flexibility,half of the required shade trees may be substituted on a two to
one(2:1)basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species,arranged to create varied and attractive
views.Open fences,decorative walls,and berms maybe used. Height changes,offset
angles,different materials
E. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping and clubhouse
proposed within Mace River Ranch Subdivision, 192.76-acres of land surrounded by the north
channel of the Boise River to the north, Eagle Road to the east,and Mace Road to the south. The
proposed development will consist of 255-lots ranging in size from 6,600-square feet to 136,154-
square feet. A 1,776-square foot club house is proposed to be located near the main entrance to
this development. A pool and tot lot are proposed to be located to the north and east of the club
house facility. The applicant is proposing to construct numerous ponds throughout the
development. It is staff's understanding that these ponds will be interconnected to the
streams/creeksproposed within the nature park area that is proposed along the entire northern
portion of this property.
The applicant has indicated that they will be working with Resource Systems,Trout Unlimited,
Idaho Department of Fish and Game,and other organizations to develop approximately 43-acres of
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Lot 1, Block,into a nature preserve area consisting of a trout stream,riparian vegetation, and a 10-
foot wide asphalt pathway. The pathway area will be dedicated to the City of Eagle for public
access.
• The landscape plans, date stamped by the City on December 6, 2012, show an approximately
twenty foot(20')wide landscape buffer along Mace Road from the western most entry into this
development. Per Eagle City Code,any road designated as an urban or rural collector on the
transportation and pathway network plan in the Eagle comprehensive plan shall have a minimum
of thirty five feet(35')wide buffer area. The applicant should be required to provide revised
landscape plans showing a thirty five foot(35')wide landscape buffer adjacent to Mace Road
from the western most entry into this development. The revised landscape plan should have four
(4) shade trees,five(5) evergreen trees,and twenty four(24) shrubs per one hundred(100)linear
feet of right of way per Eagle City Code Section 8-2A-7(J)(4)(a). The revised landscape plans
should be reviewed and approved by staff and one member of the Design Review Board prior to
the City Clerk signing the first final plat.
• Per the conditions of the Mace River Ranch Planned Unit Development,the applicant is required
to obtain Design Review Board approval of the ten foot(10')wide asphalt pathway to be located
in close proximity to the Boise River,the eight foot(8')wide pathways throughout the
development, and the approximate forty three(43)acre nature preserve and pathways. The
specific location and designs are to be reviewed and approved by the Design Review Board. Staff
defers comment regarding the design and location of the pathways and nature preserve to the
Board.
• Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials should be reviewed and approved by the
Design Review Board prior to the City Clerk signing the final plat.
• 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 January 10, 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 4 to 0 (McCullough and Hull absent)to approve DR-62-12 for a design review
application to construct the common area landscaping and club house within Mace River Ranch
Subdivision for Mace River Ranch LLC,with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with strike thru to be
deleted by the Board and text shown with underline to be added by the Board.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the rezone, conditional use,preliminary development plan,
and preliminary plat application(RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12).
2. The Pre-revised landscape plans showing a twenty thirty five foot(20'35')wide landscape buffer
adjacent to Mace Road is approved from the western most entry into this development. The revised
- -. .. - . - ._ - . - _' .. _ _ • . , .-
. _.._ . . _ -. . . ... . . . . . --- _ !-
Review Board prior to the City Clerk signing the first final plat.
3. Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat.
4. Provide detailed cut sheets showing the height, style,material,and color to be used in the construction
of the fence around the pool and club 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.
5. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
7. No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of any entry signage and/or entry features for this development.
8. The developer shall work with city staff regarding the specific improvement within the nature preserve
and pathway system to be located within the 43-acres adjacent to the Boise River.
9. The applicant shall be permitted to plant two inch(2")caliper trees within this development.
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
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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 satisfactorydisposal of all storm drainage on the applicant's site.Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction,rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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.
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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.
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.
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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 December 6, 2012.
2. Requests for agencies' reviews were transmitted on December 10, 2012, 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-62-12) 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 as described herein.
The Board recognizes that the width of the landscape buffer along Mace Road doesn't comply with the
thirty five feet (35') specified in the code; however, the proposed quantity of landscaping does meet
that which is required within the thirty five feet (35'). Thus the Board determined that the reduced
buffer area along Mace Road is acceptable and will provide an adequate buffer. The Board also
understands that the City Council is in the process of modifying the code to require two inch (2")
caliper trees instead of three inch (3") caliper trees. With the understanding that the code will be
modified in the near future, the Board determined that the developer shall only be required to install
two inch(2")caliper trees within this development.
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-P (residential with development agreement and planned unit development) zoning
district.
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DATED this 24th day of January 2013.
DESIGN REVIEW BOARD
OF THE CITY OF E•GLE
Ada Cty, aho
,,,X i
Eric R. McCullough, Chairman ti AGLE 11'•.,
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ATTEST: ,z
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Sharon K. Bergmann, Eagle Cit Clerk c,' �: 0�,.,'4
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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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