Findings - DR - 2016 - DR-62-12 MOD6 - Mace River Ranch Sub No 05 - Common Area Landscaping In Mace River Ranch Subd No 5BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN MACE RIVER RANCH )
SUBDIVISION NO.5 FOR GARDNER COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -62-12 MOD6
The above -entitled design review application came before the Eagle Design Review Board for their action
on June 9, 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:
Gardner Company, represented by Talena Baer with Baer Design Group, is requesting design review
approval of the common area landscaping within Mace River Ranch Subdivision No. 5, including a
mailbox structure and entry feature. The 28.11 -acre site is located on the north side of West Mace Road
approximately 770 -feet west of South Osprey Island Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 28, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 25, 2016, 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).
On February 12, 2015, the Eagle Design Review Board approved a modification to the common area
landscaping within Mace River Ranch Subdivision No. 4 (DR -62-12 MOD2).
On November 4, 2015, the City approved a design review modification for the installation of a storage
shed within Mace River Ranch Subdivision (DR -62-12 MOD3).
On January 8, 2016, the City approved a design review modification for the addition of a common lot,
pathway, and landscaping within March River Ranch Subdivision No. 4 (DR -62-12 MOD4).
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K:�Planning DeptTagle ApplicationADA201ADR-62-12 MOD6 Mace River Ranch No. 5 LS drf.docx
On April 28, 2016, the City approved a design review modification for the addition of common area
landscaping within March River Ranch Subdivision No. 4 (DR -62-12 MOD5).
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 undeveloped.
I. SITE DATE:
Total Acreage of Site — 28.11 -acres
Total Number of Lots — 63
Total Number of Units -
Residential — 52
Commercial — 0
Industrial — 0
Common — 11
Single-family — 52
Duplex — 0
Multi -family — 0
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KAPlanning DeptTagle ApplicationADA2012OR-62-12 MOD6 Mace River Ranch No. 5 LS drf.docx
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
a development agreement and
dwellings located on
a planned unit development)
parcels outside of a
and
subdivision
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: The site is undeveloped.
I. SITE DATE:
Total Acreage of Site — 28.11 -acres
Total Number of Lots — 63
Total Number of Units -
Residential — 52
Commercial — 0
Industrial — 0
Common — 11
Single-family — 52
Duplex — 0
Multi -family — 0
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KAPlanning DeptTagle ApplicationADA2012OR-62-12 MOD6 Mace River Ranch No. 5 LS drf.docx
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One cluster mailbox structure.
Height and Number of Stories of Proposed Buildings: 14' 21/2"; one story.
Gross Floor Area of Proposed Buildings: 210 -square feet.
On and Off -Site Circulation: The public roads provide access to the cluster mailbox.
K. BUILDING DESIGN FEATURES:
Roof. Asphalt shingle (Charcoal)
Walls: Stucco (Incredible White), Stone (Aspen)
Windows/Doors: N/A
Fascia/Trim: Rough sawn wood (stained brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed 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: 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:
The applicant is proposing an entry feature that matches the entry features at the entrance to the other
phases of the development. The applicant shall submit a permit for the proposed signage prior to the
installation of any signage on the entry feature.
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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
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Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report and
incorporated herein by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Residential.
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.
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,
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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:
• The applicant is requesting design review approval of the common area landscaping within Mace
River Ranch Subdivision No. 5, a 28.11 -acre development with 63 -lots (52 -buildable and 11 -
common) residential planned unit development. The common area includes street trees,
landscaping around the ponds, pathways, cluster mailbox structure, and entry feature. The buffer
area along West Mace Road has been installed. The design, materials, and colors of the cluster
mailbox structure will match that which has been constructed in two previous phases of Mace
River Ranch Subdivision as well as the entry feature. The applicant is proposing signage on the
entry feature that will match the signage approved in previous phases of Mace River Ranch
Subdivision. The applicant shall submit a sign permit for the proposed signage prior to the
installation of any signage on the entry feature.
• There is an overhead power line the runs from West Mace Road, along the east side of the Tesoro
Logistics Pipeline to the irrigation pump station located in the northwest corner of this phase.
The applicant has indicated that these are temporary power poles and are to be removed once
power has been provided in this phase of the development.
• Staff defers comment regarding landscaping, the cluster mailbox structure and the entry feature
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 June 9, 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 6 to 0 (Baer absent) to approve DR -62-12 MOD6 for a design review application for the
common area landscaping within Mace River Ranch Subdivision No. 5 for Gardner Company, with the
following staff recommended site specific conditions of approval and standard conditions of approval.
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. Comply with all applicable requirements of DR -62-12.
3. All overhead power shall be located underground.
4. The applicant shall submit a sign permit for the proposed signage on the entry feature prior to the
installation of any signage.
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KAPlanning Dept\Eagle ApplicatlonsOA201ADR-62-12 MODE Mace River Ranch No. 5 LS drf.docx
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.
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
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
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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
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.
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KAPlanning DeptEagle ApplicationADA2012DR-62-12 MOD6 Mace River Ranch No. 5 LS drf.docx
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the City Council approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
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CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -62-12 MOD6) 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 -2 -DA -P (residential maximum two units/acre with a development agreement and a planned
unit development) zoning district.
DATED this 23`d day of June 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
1 �-
Robe 'Grubb, Chairman
ATTEST:
4,-WL�
l�
Sharon K. Bergmann, tagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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KAPlannmg DeptTagle ApplicationADA201ADR-62- l2 MOD6 Mace River Ranch No. 5 LS drf.docx