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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). Page 1 of 16 KAPlanning Dept\Eagle Applications\Dr\2017\DR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 2 of 16 K:\Planning Dept\Eagle Applications\Dr'20171DR-02-17 Williamson River Ranch Sub LS drfdocx 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). Page 3 of 16 K:1Planning DeptlEagle Applications1Dr12017\DR-02-17 Williamson River Ranch Sub LS drEdocx 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. Page 4 of 16 K:\Planning Dept\Eagle Applications\Dr\20I7\DR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 5 of 16 K\Planning Dept\Eagle Applications\D?20171DR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 6 of 16 K\Planning Dept\Eagle Applications\Dr\2017\DR-02-17 Williamson River Ranch Sub LS drLdocx 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), Page 7 of 16 KAPlanning Dept \Eagle Applications\ Dr\201TDR-02-17 Williamson River Ranch Sub LS drf.docx (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) Page 8 of 16 K:\Planning Dept\Eagle Applications\Dr\2017\DR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 9 of 16 K\Planning Dept\Eagle Applications\Dr\20l7\DR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 10 of 16 K:\Planning Dept \Eagle Applications\ Dr\2017\DR-02-17 Williamson River Ranch Sub LS drtdocx 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 Page 11 of 16 K:\Planning Dept\Eagle Applications \Dr\2017\DR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 12 of 16 K:\Planning Dept\Eagle Applications\Dr\2017\DR-02-17 Williamson River Ranch Sub [S drf.docx 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. Page 13 of 16 KAPlanning DeptEagle Applications\Dr12017\DR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 14 of 16 K:IPlanning DeptkEagle Applications\Dr\2017IDR-02-17 Williamson River Ranch Sub LS drf.docx 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 Page 15 of 16 K:\Planning DepttEagle Applications\Dr\201TDR-02-17 Williamson River Ranch Sub LS drfdocx 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 Page 16 of 16 K:\Planning Dept\Fagle Applications\Dr\2017\DR-02-17 Williamson River Ranch Sub LS dr[.docx