Findings - CC - 2017 - AA-03-17/DR-02-17 - Appeal Of Design Review Decision For Design Review And Alignment Specifications For 10' Public Pathway In Williamson River Ranch Subd.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
AN APPEAL OF THE DESIGN REVIEW
BOARD DECISION REGARDING DR -02-17
FOR THE DESIGN AND ALIGNMENT
SPECIFICATIONS FOR THE 10 -FOOT WIDE
PUBLIC PATHWAY WITHIN WILLIAMSON
RIVER RANCH SUBDIVISION FOR WILLIAMSON
RIVER RANCH, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER AA-03-17/DR-02-17
The above -entitled appeal of the design review application came before the Eagle City Council for their
action on June 13, 2017. The City Council 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. SUBJECT/GROUNDS FOR APPEAL:
The City of Eagle, represented by William E. Vaughan, AICP, Zoning Administrator, is appealing the
Design Review Board's decision on the above referenced matter in accordance with Eagle City Code
(ECC) Section 8-2A-14. Staff is requesting City Council review and consideration of the design and
alignment specifications of the 10 -foot wide public pathway that generally runs along the northern and
eastern portion of the site.
B. 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.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 17, 2016, the Eagle Parks and Pathways Development Commission (now known as the Eagle
Parks, Pathways, and Recreation Commission) provided a review and recommendation on Williamson
River Ranch Subdivision (CPA-02-15/A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15).
On October 25, 2016, the Eagle 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).
On March 16, 2017, the Eagle Parks, Pathways, and Recreation Commission (formerly known as the
Eagle Parks and Pathways Development Commission) voted 7-0 to recommend approval of the
pathway location within Williamson River Ranch Subdivision with conditions of approval.
On March 28, 2017, during its review of AA-03-17/DR-02-17, the Eagle City Council voted 4 to 0
continue the appeal and provide the applicant an opportunity to present the pathway plan to the Eagle
Parks, Pathways, and Recreation Commission and await a recommendation from the Commission
regarding the materials for construction and location of the pathway.
On May 18, 2017, upon request by the City Council for another review, the Parks, Pathways, and
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Recreation Commission, voted 4-1 to recommend approval of the pathways within Williamson River
Ranch Subdivision in the locations as shown on Exhibit A (attached hereto) with the condition that the
pathway (identified as A and C on Exhibit A) be constructed to City of Eagle specifications with an
ADA -compliant, engineered surface.
D. DESIGN REVIEW BOARD DECISION — FINDINGS OF FACT AND CONCLUSIONS OF LAW:
On February 23, 2017, the Design Review Board voted 4 to 0 (Baer and Koci absent, Schafer
abstained) to approve DR -02-17 for a design review application to construct the common area
landscaping, pathways, pool, and pool house within Williamson River Ranch Subdivision for
Williamson River Ranch, LLC, with site specific conditions of approval and standard conditions of
approval.
On March 9, 2017, the Design Review Board voted 7 to 0 to approve their findings of fact and
conclusion of law document for the Williamson River Ranch Subdivision design review application.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS APPEAL:
• Eagle City Code Section 8-2A-14: APPEALS:
A. Administrative decisions may be appealed to the design review board and design review board
decisions may be appealed to the city council. An appeal fee, as may be adopted by resolution of
the city council, shall be required for any appeal. Appeals shall comply with the following:
1. Any such appeal shall be submitted within ten (10) calendar days after the written decision by
filing with the administrator a notice of appeal specifying the grounds for the appeal. The
administrator shall transmit to the appellate body, either the design review board or the city
council, all documents constituting the record upon which the appeal is based. An appeal stays
all proceedings in furtherance of the action taken.
2. Within seven (7) calendar days after receipt of an appeal, the zoning administrator shall fix a date
for the application to be heard and shall notify the appealing party and applicant, if not the
appealing party, with no further notification being required.
3. The grounds for the appeal may address, but is not limited to, the following:
a. Inconsistency with the required findings specified within subsection 8 -2A -13(B) of this article;
b. Inconsistency with the purpose and objectives of this article;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarranted prevention of an allowed land use;
f. Undue interference with the design integrity of the proposal;
g. Prohibition or unwarranted restriction of building type or material;
h. Violation of law.
4. The appellate body, either the design review board or the city council, shall either approve,
approve with supplementary conditions, or deny the design review application as presented and
shall adopt findings as required within subsection 8 -2A -13B of this article. Within seven (7)
calendar days after a written decision has been rendered, the zoning administrator shall provide
the applicant with written notice of the action on the request. (Ord. 756, 8-23-2016)
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B. DISCUSSION:
• GROUNDS FOR APPEAL:
- Noncompliant submission and review process by applicant and City with regard to City's Parks,
Pathways, and Recreation Commission approval in relation to the Design Review Board's action.
- Substantial change in circumstances - The bald eagle's nest (which was the subject of conditions of
development) no longer exists near the site.
The purpose of the appeal is to review the procedural inconsistencies with the Development Agreement
and the process of approval between the City's Parks, Pathways, and Recreation Commission and
Design Review Board as well as seek City Council review of the routing of the 10 -foot wide regional
pathway around the 330 -foot wide buffer area (Lots 23-28, Block 3). To date, the pathway has been
routed through the interior of the subdivision along a 5 -foot wide sidewalk located adjacent to a local
street, as shown on the landscape plan date stamped by the City on January 19, 2017 (attached hereto).
With the knowledge that the bald eagle's nest no longer exists, and if the required 330 -foot wide buffer
area is removed, the Council should discuss the merits of routing the 10 -foot wide regional pathway
along the eastern side of Lots 23-28, Block 3.
On October 25, 2016, the City Council adopted findings of fact and conclusions of law ("findings") for
the Williamson River Ranch PUD. The findings include development agreement conditions of
development and site specific conditions of approval and standard conditions of approval. Development
Agreement condition of development #3.13 dealt specifically with the regulation of development in the
area of the bald eagle's nest. The condition required the following:
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), date stamped by the city
on January 29, 2016.
(b) The area located within the 330 -foot wide buffer area (Lots 23-28, Block 3) shall be designated
as a single lot 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
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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).
(g) 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.
(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.
(i) 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.
Additionally, condition of development 3.14 states, "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 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."
• Development Agreement condition of approval #3.14 states in part, "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."
Following the City Council's approval of the development agreement and PUD application, the
applicant submitted the design review application to the City on January 19, 2017. The applicant did
not seek an approval from the Parks, Pathways, and Recreation Commission before submitting the
design review application nor did city staff identify the miscue in the procedure until after the Design
Review Board made their decision. To cure the procedural miscue, as part of the appeal, the Council
may consider the Eagle Parks, Pathways, and Recreation Commission decision. The Commission voted
7 to 0 to approve the pathway with the condition that it be rerouted to the east side of Lots 23-28, Block
3, that it be paved, and that a pathway and/or easement be provided to the eastern property line near the
northern portion of the site.
Staff will be available to provide additional information or answer questions during the City Council
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review of the appeal.
PUBLIC MEETING OF THE CITY COUNCIL:
A. A meeting to consider the application was held before the City Council on June 13, 2017, at which time
their decision was made.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one (other than
the applicant/representative)
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
Upon review of the facts established with AA-03-17/DR-02-17, along with the information provided to the
Council during their meeting for this item, the Council voted 3 to 0 (Soelberg absent) to approve AA-03-
17/DR-02-17 for an appeal of the 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 site specific conditions of approval and standard conditions of approval provided within the Design
Review Board's findings of fact and conclusion of law document, dated March 9, 2017.
The Council determined that the pathways shall be constructed in the locations generally as shown on
Exhibit A (attached hereto) with the condition that the pathway (identified as A and C on Exhibit A) be
constructed in accordance with the following specifications:
1. The layout of the pathway must facilitate access of City service and emergency vehicles (i.e. turn radius
and slope suitable for full size pickup and small trailer).
2. All trees within 4 -feet of each side of the 10 -foot wide pathway tread shall be removed.
3. All roots shall be cut along both sides of pathway a minimum of 24 -inches in depth and remove all root
material that crosses the pathway prior to construction.
4. Install 8 -inches of 6" minus pit run compacted to 95%, or as otherwise may be recommended by the
applicant's geotechnical engineer and as approved by the city engineer.
5. Install 4 -inches of %-minus crushed gravel base compacted to 95%, or as otherwise may be
recommended by the applicant's geotechnical engineer and as approved by the city engineer.
6. Install a 24 -inch (depth) BioBarrier along both sides of the pathway in areas where future root damage
to pathway is likely to occur (determined by city staff prior to installation), or as otherwise may be
recommended by the applicant's geotechnical engineer and as approved by the city engineer.
7. Install weed fabric (4 oz. non -woven geotextile filter fabric) and root barrier under entire pathway area
under the 4 -inch layer of 3/4 -minus, or as otherwise may be recommended by the applicant's
geotechnical engineer and as approved by the city engineer.
8. Provide a 2 -inch deep x 10 -foot wide natural surface, sloped a minimum of 2% for drainage (Example
2 -inches of 'A -minus basalt), or as otherwise may be recommended by the applicant's geotechnical
engineer and as approved by the city engineer. This surface is to be compacted and the finished surface
shall be suitable for wheeled, non -motorized traffic.
9. Finish grade along the sides of the pathway (approximately 3 -feet wide on both sides) shall be 1 -inch
below the pathway, shall be sloped a minimum of 2% for drainage (sloping away from pathway), or as
otherwise may be recommended by the applicant's geotechnical engineer and as approved by the city
engineer. Manicured lawn and formal landscaping with 3 -feet along both sides of the pathway is
prohibited.
10. The final, specific location of the 10 -foot wide public pathway shall be reviewed and approved by the
City Council with the first final plat application. The final pathway alignment and design shall be
provided to the Idaho Department of Fish and Game for their comment to the City Council as part of
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the first fmal plat review.
11. The pathway shall be located to the east of the eleven (11) lots located along the eastern portion of the
subdivision (identified as Lots 19-29, Block 3, on the approved preliminary plat, date stamped by the
City on July 25, 2016). The pathway alignment shall be designed to generally not impact the
Cottonwood trees in the area. The final location of the pathway shall be reviewed and approved by the
City Council with the first final plat application.
12. The developer and/or homeowner's association shall be responsible for the long-term maintenance of
the pathways identified as B and D on Exhibit A (attached hereto). The decision regarding the long-
term maintenance of the pathway identified as A and C on Exhibit A (attached hereto) shall be
determined by the City Council upon review of the first final plat application in concert with the other
conditions of approval.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this appeal of the design review
application (AA-03-17/DR-02-17) with regard to the Eagle City Code Title 8, and based upon the
information provided with the conditions required herein, along with the site specific conditions of
approval and standard conditions of approval provided with the Design Review Board's findings of
fact and conclusions of law document, dated March 9, 2017, concludes that the proposed design review
application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan.
DATED this 27th day of June 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan -Ridgeway, Mayor
ATTEST:
Sharon F. Bergmann, Eagle
Sharon . Citylerk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen (14) days of the fmal written decision.
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