Findings - CC - 2018 - FPUD-06-17 & FP-21-17 - Final Development Plan And Final Plat For Williamson River Ranch Subdivision No. 1BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN
AND FINAL PLAT FOR WILLIAMSON
RIVER RANCH SUBDIVISION NO. 1
FOR WILLIAMSON RIVER RANCH,
LLC — JEFFREY STODDARD
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-06-17 & FP -21-17
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on January 23, 2017. The 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. PROJECT SUMMARY:
Williamson River Ranch, LLC — Jeffry Stoddard, represented by Denise Lauerman with The Land
Group, Inc., is requesting final development plan and final plat approvals for Williamson River Ranch
Subdivision No. 1, a 39 -lot (31 buildable, 8 common) residential subdivision. The 33.09 -acre site is
generally located at the eastern terminus of East Island Woods Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 3, 2017. Greenbelt
Pathway Construction Drawings were received by the City of Eagle on December 21, 2017.
C. HISTORY:
On October 10, 2017, the City Council approved a comprehensive plan map amendment, annexation,
rezone with development agreement, preliminary development plan, and preliminary plat for
Williamson River Ranch Planned Unit Development (formerly known as Isla Del Rio) (CPA-02-15/A-
02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15).
On February 23, 2017, the Design Review Board approved a design review application for the common
area landscaping, pool, and pool house within Williamson River Ranch Subdivision for Williamson
River Ranch, LLC (DR -02-17).
On February 23, 2017, the Design Review Board approved an entry sign for Williamson River Ranch
Subdivision for Williamson River Ranch, LLC (DR -03-17).
On June 13, 2017, the City Council approved a City of Eagle 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 (AA-03-17/DR-02-17).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated, October 25, 2016, are incorporated herein
by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall find that the facts submitted with the application and presented to them establish that:
1. The ordinance and standards used in evaluating the application;
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2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability or
that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions, if any, that the applicant could take to obtain a permit.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• The City Engineer and Planning staff has reviewed the final development plan and final plat. The final
development plan and final plat show that there have been no significant changes from the preliminary
development plan and preliminary plat. The final development plan and final plat are in substantial
compliance with the preliminary development plan and preliminary plat with the conditions
recommended herein.
• Condition of Development 3.14 of the executed development agreement (Ada County instrument
#2017-032374) requires the owner to construct the 10 -foot wide pathway located adjacent to the Boise
River concurrently with the Phase No. 1. On June 13, 2017, the City Council approved an appeal of the
Design Review Board decision regarding the design and alignment specifications for the 10 -foot wide
public pathway. Pursuant to the conditions within the appeal, the final specific location of the pathway
is to be reviewed and approved by the City Council with the first final plat application. The applicant
provided a set of greenbelt pathway construction drawings, date stamped by the city on December 21,
2017, showing the design and the alignment of the greenbelt pathway pursuant to the approved appeal.
Planning and Zoning Department and Parks and Recreation Department staff met with the applicant,
applicant's engineer, and a representative from the Idaho Department of Fish and Game to review the
location and design of the pathway. Upon completion of the meeting, the representative from the Idaho
Department of Fish and Game provided correspondence, date stamped by the city on January 16, 2017,
indicating the location and design of the pathway is in conformance with the departments previous
requests. However, the final development plan, date stamped by the city on November 3, 2017, does
not show the required pathway. The applicant should be required to provide a revised final development
plan showing the 10 -foot wide pathway in the location as identified on the greenbelt pathway
construction drawings, date stamped by the city on December 21, 2017, prior to issuance of a "Notice
to Proceed" with construction letter. The applicant should be required to construct the 10 -foot wide
pathway concurrently with Phase No. 1 and prior to the City Clerk signing the final plat.
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• Site Specific Condition of Approval #30 requires the applicant to work with the homeowner located at
1240 East Riversong Drive regarding the height of the dwelling (single or two-story) to be located on
the buildable lot located adjacent to 1240 East Riversong Drive. The applicant's attorney provided an
email, dated November 21, 2016, which indicated a restrictive covenant would be included in the
CC&Rs restricting the height of the home to single -story. The lot located within Williamson River
Ranch Subdivision No. 1, located adjacent to 1240 East Riversong Drive is Lot 20, Block 3. The
applicant should be required to provide revised CC&Rs with a provision restricting the height of any
dwelling located on Lot 20, Block 3, to single -story (maximum of 20 -feet) prior to the City Clerk
signing the final plat. The applicant should also provide a revised final plat with a new plat note which
states, "Structures located on Lot 20, Block 3, shall be limited to single -story (maximum of 20 -feet in
height)" prior to the City Clerk signing the final plat.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on January 23, 2017. The Council made their decision at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-06-17 & FP -21-17 for a final development plan and final plat
for Williamson River Ranch Subdivision No. 1 for Williamson River Ranch, LLC. — Jeffrey Stoddard with
the following staff recommended site specific conditions of approval with text shown with underline to be
added by the Council and text shown with strikethrough to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15.
3. Comply with the conditions of DR -02-17.
4. Comply with all conditions AA-03-17/DR-02-17.
5. Comply with all conditions of approval of FPDP-01-16.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first.
7. Provide a revised final development plan showing the 10 -foot wide pathway in the location as identified
on the greenbelt pathway construction drawings, date stamped by the city on December 21, 2017, prior
to issuance of a "Notice to Proceed" with construction letter. The applicant should be required to
construct the 10 -foot wide pathway concurrently with Phase No. 1 and prior to the City Clerk signing
the final plat.
8. The applicant shall construct the 10 -foot wide pathway located adjacent to the Boise River concurrently
with Phase No. 1. The pathway shall be completed prior to the issuance of a certificate of occupancy
for the first residential dwelling.
9. The applicant shall provide revised CC&Rs with a provision restricting the height of any structure
located on Lot 20, Block 3, to single -story (r.xyAktinkv.. of shall not exceed 298 -feet) in height, prior to
the City Clerk signing the final plat. The applicant shall also provide a revised final plat with a new plat
note which states, "Structures located on Lot 20, Block 3, shall be limited to single -story (r.-k.►►arrfa��+r. of
shall not exceed 298 -feet) in height," prior to the City Clerk signing the final plat.
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10. The following setbacks and lot coverage requirements shall apply:
Front 20-feet/living area, 25-feet/garage (front load)
Rear 20 -feet
Interior Side 7.5 -feet (first story)/(additional 5 -feet per story, measured to the second
story)
Street Side 15 -feet (living area), 25-feet/garage (front load)
Maximum lot coverage 40%
11. All common area improvements within Williamson River Ranch Subdivision No. 1 as specified on the
approved landscape plan (DR -02-17) shall be completed or a surety shall be provided as required by
Eagle City Code prior to the City Clerk signing the final plat.
12. The developer shall provide 2 -inch minimum caliper shade -class trees as shown on the approved
landscape plan. 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 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.
13. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
14. The applicant shall not construct any required improvements, including, storm drainage or roadway
facilities, until the City has received a copy of the ACHD stamped and approved final engineering
construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation
by the City Engineer that they comply with the City approved construction drawings, the City will issue
a "notice to proceed with construction" to the applicant's designated representative.
15. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior to
the issuance of a "notice to proceed with construction" letter to the project engineer.
16. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
17. All construction equipment consisting of twelve (12) tons gross vehicle weight (GVW) and over shall
enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and
prohibited on Sunday. The applicant shall install at the entrance to the Williamson River Ranch
Subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom
of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no
loud music, and no dogs off leash.
18. The applicant shall install at the entrances to Williamson River Ranch Subdivision No. 1, 4'x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being
a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and
no dogs off leash.
19. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future."
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20. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located within the public rights -of way -abutting and within this site, prior to the City Clerk
signing the final plat.
21. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
22. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
23. All common area improvements shall be completed or a surety shall be provided as required by Eagle
City Code, prior to the City Clerk signing the final plat.
24. The submittal of the building permit application to the City for each home within the development shall
be accompanied by an approval letter from the subdivision's Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
25. Provide a revised copy of the CC&Rs with the following language included:
"All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open -style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other
fencing (i.e. dog-ear type cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required
front yard area shall be open -style and limited to four -feet (4') in height."
"In the event any of the CC&R's are less restrictive than any government rules, regulations or
ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The
CC&R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies.
In the event a governmental rule, regulation, law or ordinance would render a part of the CC&R's
unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable
rule, regulation, law or ordinance."
"All maintenance of street lights, pressurized irrigation, and common areas shall be maintained in
perpetuity by the Association. Any changes or modifications to the aforementioned facilities shall
require the prior approval of the City of Eagle and any other governmental entity having jurisdiction of
the Property."
26. Provide a fencing exhibit showing the design review approved style(s) and locations of all fencing to
be installed within the development. The fencing exhibit shall be reviewed and approved by staff prior
to City Clerk signing the final plat.
27. The revised CC&Rs shall be provided prior to the City Clerk signing the final plat.
28. Provide a copy of the recorded CC&Rs for the subdivision, two (2) full size copies of the recorded final
plat, and an 8 1/2" x 11" recorded copy of the final plat of Williamson River Ranch Subdivision No. 1,
prior to the issuance of any building permits.
CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B), the Council finds that the facts submitted with the
application and presented to the Council, with the conditions herein, establish that:
1. This phase of the development will be initiated within one year of the date of approval based upon
the testimony and documentation presented by the developer;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or that
adequate assurance can be provided that such objective will be attained and the uses will not be
detrimental to present and potential surrounding uses, but will have a beneficial effect which would
not be achieved under standard district regulations because of the conditions placed on this
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development;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and other amenities
incorporated in the final development plan, in accordance with the PUD and the adopted policy of
the Council because the varied lot sizes, setbacks and uses as specifically approved by the City will
allow for a mix of housing types and uses in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development since no intensive uses, that might impact the planned
residential areas surrounding the development, are proposed;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
DATED this 13t'' day of February 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
q\:12
Stan Ridgeway, Mayor
ATTEST:
•
Sharon K. Bergmann, Eagle Cit Clerk
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