Findings - DR - 2017 - DR-02-17 - Common Area Landscaping, Pool, Pool House In Williamson Ranch SubdivisionBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW OF THE
COMMON AREA LANDSCAPING, POOL,
AND POOL HOUSE WITHIN WILLIAMSON
RIVER RANCH SUBDIVISION FOR
WILLIAMSON RIVER RANCH, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -02-17
The above -entitled design review application came before the Eagle Design Review Board for their action
on February 23, 2017. 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:
Williamson River Ranch, LLC, represented by Tamara Thompson with The Land Group, Inc., is
requesting design review approval for the common area landscaping, pool, and pool house (2,175 -
square feet) within Williamson River Ranch Subdivision. The 74.32 -acre site is located at the eastern
terminus of East Island Woods Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 19, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 26, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 25, 2016, the City Council approved a comprehensive plan map amendment, annexation,
rezone, conditional use, preliminary development plan, and preliminary plat for Williamson River
Ranch Subdivision (CPA-02-15/A-02-15/RZ-05 -15/CU-02-15/PPUD-01 -15/PP-03-15).
E. COMPANION APPLICATIONS: Design Review Sign Application (DR -03-17).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Residential Two,
Floodway, and Large Lot
(Boise City
Comprehensive Plan)
Residential Two (area
located within the
mapped Boise City
Comprehensive Plan)
Mixed Use and
Floodway
Residential Two and
Public/Quasi-Public
(Boise City
Comprehensive Plan)
Floodway and Eagle
Island Special Use Area
Residential Two and
Floodway
ZONING
DESIGNATION
RP (Rural Preservation — Ada
County designation)
R -2 -DA -P (Residential with a
development agreement —
PUD)
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
RP (Rural Preservation — Ada
County designation) and M-2
(General Industrial — Boise
City designation)
RP (Rural Preservation — Ada
County designation)
R -2-P (Residential — PUD)
LAND USE
Two (2) single-family
residential dwellings and
agriculture
Residential planned unit
development (northern 44 -
acres [approximately])
Boise River
Single-family residential
(Renovare Subdivision No.
1)
Single-family residence
and
City of Boise wastewater
plant
Vacant parcels (ponds)
Single-family residential
(Riversend Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING srib CHARACTERISTICS: The site is currently being utilized as a working horse ranch
with the exception of the riparian area located adjacent to the Boise River. There is an existing active
bald eagle nest located in proximity to the southeast corner of the subject property. The site contains
mature trees located adjacent to the Boise River and slough located in proximity to the northeast and
northwest corners of the site.
I. SHE DATE:
Total Acreage of Site — 74.32 -acres
Total Number of Lots — 112
Total Number of Units — 97
Residential — 97
Commercial — 0
Industrial — 0
Common — 15
Single-family — 97
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct two (2) buildings; one to be utilized as community pool house
and one to be used as a restroom and mechanical building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing both buildings to be approximately twenty-four and one half foot (24 1')
high single -story structures.
Gross Floor Area of Proposed Buildings:
The proposed community pool house is approximately 2,355 -square feet and the restroom and
mechanical building is approximately 180 -square feet.
On and Off -Site Circulation:
A 5,910 -square foot (approximately) paved parking lot provides parking for vehicles using the
community pool house. One 26 -foot wide driveway is located on the east side of the community pool
house property providing access to the parking area located in the northern portion of the common area.
There is a second 26 -foot wide driveway located at the southern end of the circular driveway which
provides access to the main entry to the community pool house.
Greenbelt Areas and Landscape Screening:
The preliminary plat, date stamped by the city on July 25, 2016, shows a 10 -foot wide greenbelt
pathway, located within Lot 1, Block 3, in proximity to the Boise River. The preliminary plat also
shows a buffer area located between the proposed lots located within the subject subdivision and the
existing lots located within Riversend Subdivision No. 2.
Open Space:
The proposed development includes 33.98 -acres (45.72%) of common area. The common areas
consist of 15 -common lots. The common lots consist of the proposed greenbelt pathway, ponds, and a
community clubhouse and pool.
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 easements to be not less than 12 feet wide.
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) — No
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the Boise River
associated with an existing water right. The applicant submitted a pressurized irrigation report that
meets the requirements of the City of Eagle Pressure Irrigation Standards (EPIS).
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Preservation of Existing Natural Features:
The property is currently being utilized as a working horse ranch with the exception of the riparian area
located adjacent to the Boise River. There is an existing active bald eagle nest located in proximity to
the southeast corner of the subject property. The site contains mature trees located adjacent to the Boise
River and slough located in proximity to the northeast and northwest corners of the site.
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:
Roof: Asphalt Shingle (Driftwood), Metal awning (Dark Bronze)
Walls: Channel Rustic Wood Siding (stained Silver City), Stone wainscot (Deep Creek)
Windows/Doors: Aluminum clad storefront (Dark Bronze)
Fascia/Trim: Pre finished metal fascia (Dark Bronze), Wood Beams (stained Silver City)
Other: Metal gutters and downspouts (Copper)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located in the proposed
riparian and dryland areas along the Boise River that will be retained.
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:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 8% is proposed.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The applicant is proposing a ground mounted mechanical unit on the west side of the community pool
house that is to be screened by landscaping. The mechanical units associated with the pool are to be
located within the restroom and mechanical building.
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 (DR -03-17) has
been submitted for the approval of subdivision entry signage proposed at the entrance to this
development.
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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 — located adjacent to the Boise River
Evidence of Erosion — no
Fish Habitat — Yes — Boise River
Floodplain — Yes — Boise River
Mature Trees — Yes — located in proximity to the Boise River
Riparian Vegetation — Yes — located adjacent to the Boise River
Steep Slopes — no
Stream/Creek — Yes — Boise River
Unique Animal Life — Yes — bald eagle nest located adjacent to the Boise River
Unique Plant Life — Yes — riparian area located adjacent to the Boise River
Unstable Soils — unknown
Wildlife Habitat — Yes — bald eagle nest located adjacent to the Boise River
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): The
Isla del Rio Habitat Report, date stamped by the city on April 3, 2015, was submitted with the
annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat
applications for Williamson River Ranch Subdivision (formerly Isla del Rio Subdivision).
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
City of Eagle Parks and Recreation
Idaho Transportation Department
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 (adopted February 10, 2015), 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
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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
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.
B. 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.
• Eagle City Code Section 8 -2A -6(B)(3) Fences:
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited.
• Eagle City Code Section 8-2A-7(J)(2)(b):
When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The clubhouse and pool shall be constructed with the first phase of the development.
• The developer shall provide 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 generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide
concrete sidewalk and the curb. 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. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
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issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for
any portion of the development that is completed, including street trees that have been installed.
On-going surety for street trees for all undeveloped portions of the development will be required
through project completion.
• All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal
of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's
direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
• Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as capped wrought iron or other similar decorative style, durable
fencing material. Fencing at the perimeter of the project along the south boundary of the subdivision
may be a solid -type fencing. Specific buffer area fences and decorative walls may be allowed as
otherwise required in ECC Section 8-2A-7 (J).
• The applicant shall be required to provide increased dense landscape screening on Lot 1, Block 2
(as shown on the preliminary plat, date stamped by the city on July 25, 2016). The landscape
screening shall consist of a combination of shrubs, deciduous trees and evergreen trees. The
landscape screening plan shall be reviewed and approved by the Design Review Board prior to
submittal of a final plat application.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(b) A requirement for all fencing located adjacent to open space and corner lots to be open -
style such as capped wrought iron, capped extruded aluminum (looks identical to wrought
iron), or three -rail -type decorative fencing. Solid -type fencing is acceptable along the
southern boundary of the subdivision.
3.7 Owner shall provide a clubhouse and pool located within the development. 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 prior to submittal of a final plat application.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures
and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed
in reference to mosquito abatement, and 7) all proposed fencing throughout the development.
The design review application shall be reviewed and approved by the Eagle Design Review Board
prior to the submittal of a fmal plat application.
3.13 Owner shall comply with the U.S. Federal Fish and Wildlife Permit, No. MB86328B-0,
Conditions and Authorizations and Monitoring Protocol Details. In addition, Owner shall comply
with the following development requirements:
(a) The proposed lots located within the 330 -foot wide buffer area will meet all provisions
outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E),
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(b)
date stamped by the city on January 29, 2016.
The area located within the 330 -foot wide buffer area (Lots 23-28, Block 3) shall only be
preliminary platted until such time as the eagle's nest is confirmed as abandoned by the
U.S. Fish and Wildlife Service (USFWS) and City. Upon confirmation that the eagle' s nest
is abandoned by the USFWS and City the lots within the 330 -foot buffer area may be final
platted.
(c) The proposed lots located within the 660 -foot wide buffer area will meet all provisions
outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E),
date stamped by the city on January 29, 2016.
(d) The proposed lots located within the 660 -foot wide buffer area shall only be preliminary
platted until the required landscaped buffer located within the 330 -foot wide nest buffer
area reaches maturity, as defined by the Isla del Rio Subdivision Environmental Impact
Assessment (Exhibit E), date stamped by the city on January 29, 2016. The mature
landscaped buffer area shall be inspected and approved by the USFWS and City. Upon
approval of the mature landscaped buffer area by the USFWS and City the lots within the
660 -foot wide buffer area (outside of the 330 -foot wide buffer area) may be final platted.
(e) The phasing plan, shown on the preliminary plat, date stamped by the city on July 25, 2016,
shall be amended so that all lots located within phase four (4) are only those found within
the 660 -foot wide buffer area and so that all lots located within phase five (5) are only those
found within the 330 -foot wide buffer area. The preliminary plat shall remain in effect for
a period of one year following the expiration of U.S. Federal Fish & Wildlife Permit No.
MB86328B-0.
(f) The area located within the 660 -foot wide buffer area shall be graded outside of the defined
courting, nest, and fledging periods (January — July/August). Buried infrastructure shall
only be allowed within this area and timeframe, however, no additional development or
infrastructure shall be constructed within the 660 -foot area until the required landscaping
located within the 330 -foot nest buffer area reaches maturity, as defined by the Isla del Rio
Subdivision Environmental Impact Assessment (Exhibit E) or an acceptable alternative
that is reviewed and approved by the USFWS and City. This includes the construction of
roads, sidewalks, and other infrastructure to be constructed within the 660 -foot wide buffer
area. General maintenance of the buffer areas is allowed, but should be minimized to the
extent possible during courting, nest, and fledging periods (January — July/August).
In the event that a new bald eagle nest is constructed within the generalized area, all
construction activity would cease within the 660 -foot radius from the nest until a bald eagle
plan is developed and approved by the USFWS and City, and a new permit issued by the
USFWS.
(g)
(h) A bald eagle nest monitoring plan associated with the area located within the 660 -foot wide
nest buffer shall be provided quarterly to the USFWS and the City.
Prior to submittal of a final plat application Owner shall record a deed restriction in
connection with the 330 -foot wide buffer area reasonably acceptable to the City attorney
advising the public of condition of development approval 3.13 and U.S. Federal Fish and
Wildlife Permit No. MB86328B-0, and prohibiting the sale of lots within the 330 -foot wide
buffer area to an end user for the construction of a dwelling until satisfaction of condition
3.13 and Permit No. MB86328B-0.
3.14 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 along the portion of the Property
located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase
(i)
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No. 1 of Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision. The specific location and
design of the pathway shall be approved by the City Engineer and the City of Eagle Park and
Pathway Development Commission prior to submittal of a design review application. 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, upon recordation of the final
plat(s) wherein the pathway is located. Upon completion of construction of the pathway and prior
to the acceptance of the pathway by the City, the Owner shall 1) submit a survey stamped and
prepared by a professional land surveyor demonstrating that the pathway was constructed within
the easement area, and 2) submit a letter from the design engineer indicating that the pathway
was constructed in substantial compliance with the approved plans and specifications. Other than
any pathways approved by Eagle, development within the Floodway and the open space area
between the development and the Boise River shall be prohibited.
3.15 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 Commission, Eagle Fire Department, and Boise River Flood Control District #10
and approved by City prior to approval of a design review application for the Property.
E. DISCUSSION:
• The applicant is requesting design review approval to construct the common area landscaping,
pool, and community pool house within Williamson River Ranch Subdivision, a 74.32 -acre
development with 112 -lots (97 -buildable and 15 -common) residential subdivision. One 2,355 -
square foot community pool house and 180 -square foot restroom and mechanical building are
proposed within the common area located just north of the entrance to the development. The
applicant's justification letter describes the architectural style of the community pool house and
restroom and mechanical buildings as English Cottage with an injection of American Alpine
flare. Staff defers comment regarding building design and colors to the Design Review Board.
• Sheet L1.51, date stamped by the city on January 19, 2017, shows a detailed of a wood fence that
the applicant is proposing to be located within the development. Pursuant to Eagle City Code,
decorative wood fencing may be permitted if the city determines that the style of fence proposed
is complementary to the building architecture and overall site design. Additionally, pursuant to
the conditional use permit, preliminary development plan, and preliminary plat approval, any
fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as capped wrought iron or other similar decorative style, durable
fencing material. Fencing at the perimeter of the project along the south boundary of the
subdivision may be a solid -type fencing. Specific buffer area fences and decorative walls may be
allowed as otherwise required in ECC Section 8-2A-7 (J).
A solid wood fence is proposed along the south boundary of the subdivision which was permitted
within the conditional use permit, preliminary development plan, and preliminary plat approval.
However, there are areas around the entry, community pool house, and parking lot of the
community pool house that are showing solid fencing to be installed. Pursuant to Eagle City
Code, any fencing located adjacent to common area open spaces and on the street side of all
corner lots are required to be an open fence style. The applicant should be required to provide
revised landscape plans showing any fencing proposed adjacent to any common area open space
to be an open fencing style such as a capped wrought iron or other similar decorative style,
durable fencing material. The revised landscape plan should be reviewed and approved by staff
and one member of the Design Review Board prior to the submittal of a final plat application.
• Pursuant to the conditional use permit, preliminary development plan, and preliminary plat
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approval, the applicant is required to provide increased dense landscape screening on Lot 1,
Block 2 (common lot between Rivers End Subdivision and the residential lots of this
development). The landscape screen shall consist of a combination of shrubs, deciduous trees,
and evergreen trees and shall be reviewed and approved by the Design Review Board prior to the
submittal of a final plat application. Sheets L1.02, L1.03, and L1.04, date stamped by the city on
January 19, 2017, show a mix of evergreen and deciduous trees to be planted within the common
area between Rivers End Subdivision and the residential lots of this development. Staff defers
comment regarding the proposed landscaping between Rivers End Subdivision and the residential
lots of this development to the Design Review Board.
• As part of the application requirements of the conditional use permit, preliminary development
plan, and preliminary plat applications, the applicant submitted a habitat report and environmental
impact assessment. During the course of the site visits and preparation of the reports it was
determined an active bald eagle's nest is located in proximity to the southeast corner of the
proposed subdivision. Based upon the location of the eagle's nest and the environmental impact
assessment, the applicant was required to obtain an incidental take permit through the U.S. Fish
and Wildlife Service. As part of the permitting process the applicant was required to establish
buffer areas (consistent with the environmental impact assessment) where development within the
buffer areas will be restricted. The buffer areas include: 1) an area with a 330 -foot radius from the
bald eagle's nest, and 2) and area with a 660 -foot radius from the bald eagle's nest. The applicant
has provided the city with a copy of the U.S. Fish and Wildlife Service incidental take permit
(#MB86328B-0) which contains several conditions and authorizations (attached thereto).
Sheets L1.10 and L1.11, date stamped by the city on January 19, 2017, show an eleven foot (11')
high berm to be constructed on the five (5) lots located within the 330 -foot radius from the
eagle's nest. The berm is to be landscaped in compliance with the approved U.S. Fish and
Wildlife permit with Black Cottonwood and Austrian Black Pine trees, Serviceberry and Red
Twig Dogwood shrubs, and Native Dryland Grass blend.
• On March 17, 2016, the Eagle Parks and Pathway Development Commission recommended
approval of the pathways proposed within this development as they were presented to the
Commission with one exception that the pathway be extend to the northeast corner of the
property in order to provide the possibility of running the pathway alongside the Boise River. On
February 14, 2017, the City of Eagle Parks and Recreation Trails Coordinator provided comment
regarding the configuration of the pathways shown on the landscape plans date stamped by the
city on January 19, 2017. Specifically, the pathway system as designed is not supportive of
future through traffic potential from both east and west. The pathways should be changed to
favor east/west travel by removing right-angle transitions in the design of the main east/west
pathway. The Trails Coordinator was also in support of the pathway continuing to the eastern
boundary of the property as the Eagle Parks and Pathway Development Commission had
recommended. Based on the location of the bald eagle's nest and the buffer areas required with
the U.S. Fish and Wildlife Service incidental take permit (#MB86328B-0) staff does not
recommend that the ten foot (10') wide asphalt pathway be constructed from the terminus of the
proposed pathway located between Lot 15 and 16, Block 3 to the eastern boundary of the
development until the eagle's nest has been abandoned. The elimination of the pathway in the
nest area is supported by the Isla Del Rio Subdivision Environmental Impact Assessment
prepared by Ecosystem Sciences and the recommendation from Charles Baun with
Environmental Conservation Services Inc. which both recommend eliminating human presence in
the nest area. Staff understands the importance of having the pathway connection to the eastern
boundary of the site and would recommend the applicant provide a revised landscape showing the
continuation of the ten foot (10') wide pathway to the eastern boundary of the development. A
note should be placed on the plan indicating that the extension of this pathway should not take
place until the eagle's nest has been abandon. Upon abandonment of the eagle's nest, the
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developer should install the ten foot (10') wide pathway to the eastern boundary of the
development. The developer should provide a surety for 150% of the cost of the installation of
the ten foot (10') wide pathway. The revised landscape plan should be reviewed and approved by
staff prior to the submittal of a final plat application.
The landscape plans, date stamped by the city on January 19, 2017, show the pathways located
within the common lot located adjacent to the Boise River to be a compacted natural surface.
Pursuant to the development agreement, a minimum ten foot (10') wide asphalt public pathway
along the portion of the property located adjacent to the Boise River is required. The applicant
should be required to provide a revised landscape plan showing the ten foot (10') wide pathway
paved from the west property line to the pathway within Rivers End Subdivision (to the west of
this development). The revised landscape plan should be reviewed and approved by staff prior to
the submittal of a final plat application.
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 February 23, 2017,
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 5 to 0 (Baer and Koci absent) to approve DR -02-17 for a design review application to
construct the common area landscaping, pool, and pool house within Williamson River Ranch
Subdivision for Williamson River Ranch, LLC, with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be added
and text shown with strike thru to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15 and
anv subsequent modifications.
2. Provide revised landscape plans showing any fencing proposed adjacent to any common area open
space to be an open fencing style such as a capped wrought iron or other similar decorative style,
durable fencing material. The revised landscape plan shall be reviewed and approved by staff and
one member of the Design Review Board prior to the submittal of a final plat application.
4. Provide a revised landscape plan showing the ten foot (10') wide pathway paved from the east west
property line to the pathway within Rivers End Subdivision (to the west of this development). If the
development agreement is modified to Hermit a natural gravel pathway, the applicant shall coordinate
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the construction of said pathway in compliance with the environmental impact assessment and the
City of Eagle Parks and Recreation Trails Coordinator. The revised landscape plan shall be reviewed
and approved by staff prior to the submittal of a final plat application.
5. Provide detailed cut sheets of the proposed street lights showing the wattage, luminaire, color, etc.
The detailed cut sheets shall be reviewed and approved by staff prior to the submittal of a final plat
application.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide a revised landscape plan showing the angles at the intersections of the ten foot (10') wide
pathway being feathered out to provide better flow. The revised landscape plan shall be reviewed and
approved by staff prior to the submittal of a final plat application.
13. Barbed wire fencing. smooth wire fencing. and metal t -posts within this development are prohibited.
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
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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
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.
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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.
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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -02-17) 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. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and the common area landscaping for Williamson River Ranch Subdivision is
permitted with the approval of a design review application within the R -2 -DA -P (residential with
a development agreement - PUD) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the landscaping and amenities are designed to
complement the general vicinity and provide aesthetically pleasing architecture to enhance the
character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed pool house is designed with quality materials and similar features utilized on other
buildings within the development and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
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pool house building has been designed with quality materials and is in conformance with the Eagle
Site and Architecture Design manual;
Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed landscaping and subdivision amenities are in compliance with
the required setbacks and height restrictions;
Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since East Island Woods
Drive is built as a residential collector and the applicant has proposed interconnecting pathways
throughout the subdivision;
Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
No signs are proposed with this application. A separate design review application (DR -03-17) has
been submitted for the subdivision entry monument sign and the sign will be required to be
harmonious with the architectural design of the buildings and adjacent buildings, and will not cover
or detract from desirable architectural features.
DATED this 9th day of March 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Count
!
Rolrt Grubb, Chairman
A HEST:
Innr
Sharon K. Bergmann, Eagle City Clerk
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