Findings - DR - 2015 - DR-62-12 MOD2 - Mace River Ranch Sub No 04 - Modify The Common Area Landscaping W/Mace River Ranch Subdivision No 4 BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY )
THE COMMON AREA LANDSCAPING )
WITHIN MACE RIVER RANCH SUBDIVISION )
NO. 4 FOR SJTC NAMPA, LC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-62-12 MOD2
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 22, 2015. 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:
SJTC Nampa, LC, represented by Scott Wonders with JUB Engineers, Inc., is requesting design
review approval to modify the common area landscaping within Mace River Ranch Subdivision
No. 4. The 67.3-acre site is located on the north side of Mace Road approximately 3,500-feet west
of Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 8, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 13, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 26, 2013, the Eagle City Council approved a rezone, conditional use, preliminary
development plan, and preliminary plat applications for Mace River Ranch (RZ-05-12/CU-04-
12/PPUD-02-12/PP-04-12).
On January 24, 2013, the Eagle Design Review Board approved a design review application for
the common area landscaping and club house within Mace River Ranch Subdivision (DR-62-12).
On March 14, 2013, the Eagle Design Review Board approved an entry feature with signage for
Mace River Ranch Subdivision (DR-02-13).
On September 26, 2013, the Eagle Design Review Board approved a modification to the
clubhouse building elevations within Mace River Ranch Subdivision (DR-62-12 MOD).
E. COMPANION APPLICATIONS:None
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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 R-2-DA-P(Residential Single-Family,Residential
two units/acre) maximum two units/acre with Planned Unit Development
a development agreement and
a planned unit development)
Proposed No Change No Change No change
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:
I. SITE DESIGN INFORMATION:
Total Acreage of Site—67.3-acres
Total Number of Lots—69
Residential—63
Commercial—0
Industrial—0
Common—6
Total Number of Units -
Single-family—63
Duplex—0
Multi-family—0
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J. GENERAL SITE DESIGN FEATURES:N/A
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located within
the riparian area of the Boise River 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:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS:N/A
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:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—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
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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 (IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Eagle Fire Department
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.
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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
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.
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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.
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. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 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.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office,multi-family residential projects, signs, common areas,
subdivision signage,proposed conversions,proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the city council.
D. DISCUSSION:
• On January 24, 2013,the Eagle Design Review Board approved a design review application for
the common area landscaping and club house within Mace River Ranch Subdivision(DR-62-12).
On September 26, 2013,the Eagle Design Review Board approved a design review application to
modify the clubhouse building elevations and floor plan(DR-62-12 MOD). The applicant is
proposing to modify the common area within phase 4 of Mace River Ranch Subdivision. The
modifications include creating common lots for several of the ponds proposed within this phase,
reducing the size of the pond located within the southwest corner of this phase, and creating a pull
out area for the mailbox cluster box off of Mace Road. The proposed modification increase the
common area open space for this phase from 9.7% (280,250-SF)to 26.1%(765,740-SF).
• A cul-de-sac is being proposed in the southeast corner of this phase for the mailbox structure. This
cul-de-sac is accessed from Mace Road. The mailbox structure will match that which was
previously approved and constructed within Mace River Ranch Subdivision No. 1. The pathways
shown extending to the east and west of this structure are shown to be 5-foot wide. Pursuant to the
preliminary plat, all internally pathways are to be a minimum of 8-feet in width. The applicant
should be required to provide a revised landscape plan showing the pathways extending to the east
and west of the mailbox structure to be a minimum of 8-feet in width(with the exception of the
sidewalk adjacent to the cul-de-sac). The revised landscape plan should be reviewed and approved
by staff prior to the City Clerk signing the final plat.
• Pursuant to Eagle City Code a 35-foot wide buffer is required to be constructed adjacent to Mace
Road [ECC 8-2A-7(J)(4)(a)]. On January 24, 2013,the Eagle Design Review Board approved a
20-foot wide landscape buffer, 8-foot wide sidewalk, and 10-foot wide planter strip to be
constructed adjacent to Mace Road. The landscape plans, date stamped by the City on January 8,
2015, show a 20-foot wide landscape buffer, 8-foot wide sidewalk, and 10-foot wide planter strip
adjacent to Mace Road.
• Staff defers comment regarding the common area landscaping 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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 22, 2015,
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 (Brasher, Schafer, and Baer absent)to approve DR-62-12 MOD2 for a
design review application to modify the common area landscaping within Mace River Ranch
Subdivision No. 4 for SJTC Nampa, LC, 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 any applicable conditions of DR-62-12 and DR-62-12 MOD.
2. Comply with the requirements of the Eagle Fire Department letter date stamped by the City on January
14, 2015.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. A building permit is required for the construction of the mailbox structure.
5. No ground mounted mechanical units are proposed with this application and none are approved.
6. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
7. Provide a revised landscape plan showing the pathways extending to the east and west of the mailbox
structure to be a minimum of 8-feet in width(with the exception of the sidewalk adjacent to the cul-de-
sac). The revised landscape plan should be reviewed and approved by staff prior to the City Clerk
signing the final plat.
8. Provide a revised landscape plan increasing the number of street trees to be planted within this phase
showing a minimum of five(5)to a maximum of eleven (11). The placement of these additional trees
shall meet ACHD's vision triangle and minimum clearance in relation to STOP signs. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the City Clerk signing the final plat.
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.
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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
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
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first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation, recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
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
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County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 8, 2015.
2. Requests for agencies' reviews were transmitted on January 13, 2015, 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 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.
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 PUD)zoning district.
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DATED this 12th day of February 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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Robert Grubb hairman
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ATTEST: S SS11/411„0 I
Sharon K. Bergmann, Eagle City C rk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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