Findings - CC - 2018 - Fpud-10-18 & FP-12-18 - Final Development Plan And Final Plat For Williamson Ranch #2OThGNAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN
AND FINAL PLAT FOR WILLIAMSON
RIVER RANCH SUBDIVISION NO. 2
FOR WILLIAMSON RIVER RANCH,
LLC — JEFFRY STODDARD
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-10-18 & FP -12-18
The above -entitled final development plan and final plat applications carne before the Eagle City Council
for their action on September 11, 2018. 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. 2, a 33 -lot (29 -buildable, 4 -common) residential subdivision. The 32.48 -acre site is
generally located at the eastern terminus of East Garden Brook Drive and East Crown Pointe Drive.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on July 27, 2018. A revised final plat
was submitted to the City on September 10, 2018.
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/PPU D-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 poll 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).
On January 23, 2018, the City Council approved a final development plan/final plat for Williamson
River Ranch Subdivision No. 1 for Jeffry Stoddard (FPUD-06-17/FP-21-17).
On July 20, 2018, Williamson River Ranch Subdivision No. 1 final plat was recorded at the Ada County
Recorder's Office.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated, October 25, 2016, are incorporated
herein by reference.
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^, 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;
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) 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
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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."
As required, the applicant was required to construct the pathway with phase number 1. The applicant
provided a surety for the construction of the pathway prior to the City Clerk signing the Williamson
River Ranch Phase No. 1 final plat. The proposed pathway is located within Lot 8, Block 3 of phase
number 2. The final plat does not identify the location of the greenbelt pathway easement nor does in
reference the instrument number of the recorded easement associated with the pathway.
The applicant should be required to complete the greenbelt pathway at this time. Upon completion of
construction of the greenbelt 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
greenbelt pathway was constructed within the easement area, and 2) submit a letter from the design
engineer indicating that the greenbelt pathway was constructed in substantial compliance with the
approved plans and specifications. The greenbelt pathway should be completed prior to the City Clerk
signing the final plat.
The applicant should be required to provide a revised final plat showing the location of the recorded
greenbelt pathway easement. The revised final plat should reference the instrument number (on the face
of the plat) of the recorded easement. The revised final plat should be provided prior to the City Clerk
signing the final plat.
• Condition of Development #3.15 of the executed development agreement (Ada County instrument
#2017-032374) states, "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."
• The final plat contains a plat note which identifies the location of an emergency and/or service access
point located within Lot 8, Block 3. Lot 8, Block 3, provides access to the Boise River from East Garden
Brook Drive. The common lot is 30 -feet in width at the point where the common lot intersects with
East Garden Brook Drive. The applicant should be required to provide a recorded cross -access
easement agreement between the Williamson River Ranch Homeowners Association and Boise River
Flood Control District #10 for an emergency and/or service access point located within Lot 8, Block 3,
Williamson River Ranch Subdivision No. 2. The applicant should be required to provide a revised final
plat with plat note #20 revised to reference the recorded cross -access agreement between the
Williamson River Ranch Homeowners Association and Boise River Flood Control District #10 prior
to the City Clerk signing the final plat.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on September 11, 2018. 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-10-18 & FP -12-18 for a final development plan and final plat
for Williamson River Ranch Subdivision No. 2 for Williamson River Ranch, LLC. — Jeffry Stoddard with
the following staff recommended site specific conditions of approval:
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.
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"1"4, 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.
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7. The applicant shall complete the greenbelt pathway. Upon completion of construction of the greenbelt
pathway and prior to the acceptance of the greenbelt pathway by the City, the Owner shall 1) submit a
survey stamped and prepared by a professional land surveyor demonstrating that the greenbelt 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.
The greenbelt pathway shall be completed prior to the City Clerk signing the final plat.
8. Provide a revised final plat showing the location of the recorded greenbelt pathway easement. The
revised final plat shall reference the instrument number (on the face of the plat) of the recorded
easement. The revised final plat shall be provided prior to the City Clerk signing the final plat.
9. Provide a revised final plat with plat note #20 revised to reference the recorded cross -access agreement
between the Williamson River Ranch Homeowners Association and Boise River Flood Control District
#10 prior to the City Clerk signing the final plat.
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. 2 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.
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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 No. 2 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. 2, 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."
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."
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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 he 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 1 1" recorded copy of the final plat of Williamson River Ranch Subdivision No. 2,
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
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 25th day of September 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, iIdahho
Stan Ridgeway, Mayor
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