Findings - CC - 2005 - DR-144-04 - Common Area Landscaping For Ringo Ridge Subdivision #2
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICA nON FOR
A DESIGN REVIEW FOR THE COMMON AREA
LANDSCAPING FOR RINGO RIDGE SUBDIVISION
NO.2 FOR P&O VENTURES
)
)
)
)
ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-144-04
The above-entitled design review application came before the Eagle City Council for their action on
February 8, 2005. The Eagle 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. PROJECT SUMMARY:
P&O Ventures, represented by Doug Patterson, is requesting design review approval of the
common area landscaping within Ringo Ridge Subdivision No.2 (aka Arbor Ridge Subdivision).
The site is located on the north side of Hill Road approximately 800-feet west of State Highway 55
(phase 2 is located east of phase 1 at the eastern terminus of Sadie Drive).
B. APPLICA nON SUBMITTAL:
The City of Eagle received the application for this item on December 14, 2004.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 26, 2001, the Eagle City Council approved the preliminary plat (PP-10-00) for Arbor
Ridge Subdivision.
On August 28, 2001, the Eagle City Council approved the design review application (DR-34-0l)
for the common area landscaping for Ringo Ridge Subdivision No.1 (aka Arbor Ridge
Subdivision).
ANALYSIS:
The layout of phase 2 as proposed differs from that approved with the original phasing plan
approved with the preliminary plat for Arbor Ridge Subdivision. Site specific condition approval
#10 for DR-34-0l (Common Area Landscaping within Arbor Ridge Subdivision No. 1) was
written specifically to address the issue of modified phasing and how the approved open space
related to any proposed changes. Condition #10 states:
10. The applicant has indicated phase 2 of this subdivision to be the area east of phase 1 and
including the common area landscaping and additional site amenities that border State
Highway 55 (a large park area). Should the phasing be changed to extend the start of the
common area to a later date then the applicant shall be required to return to the Design Review
Board to provide additional amenities within the common area within phase 1 along Sadie
Drive.
The applicant has submitted a revised open space plan for phase 1 for review and approval by the
City. The changes include:
not installing the playground equipment as previously required with DR-34-0l
Page 1 of 6
KIPlamllng DeptlEagle ApplicatiollslDr\2004IDR-l44-04 land ccfdoc
adding two tables and benches
constructing a sidewalk that will extend from Sadie Drive and connect to the existing
sidewalk to the south within Hill Road Park.
The City should evaluate this plan to determine if the open space provided (within phase 1) is
sufficient to accommodate the recreational and open space needs for both phase 1 and phase 2 (as
modified). This plan (with any changes as may be required by the City) must be approved by the
City prior to the applicant receiving final plat approval for phase 2.
PUBLIC MEETING OF THE DESIGN REVIEW BAORD BOARD:
A. A meeting was held on the application before the Design Review Board on January 13, 2005, and
January 27, 2005, 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.
BOARD DECISION:
The Board voted 6 to 0 (Mc Cullough absent) to deny the above referenced application. The Board
determined the following:
Phase two should be designed pursuant to the approved phasing plan and site specific conditions
approval of the preliminary plat for Arbor Ridge Subdivision (PP-1O-00).
. The open space proposed with this application does not warrant any deviation from what was
originally required per site specific condition #23 of the preliminary plat.
Site Specific condition of approval #23 within the Council's Findings of Fact and Conclusions of Law
document for Arbor Ridge Preliminary Plat dated, June 26, 2001 states,
"The proposed berm located on the eastern boundary of the Arbor Ridge development and
abutting State Highway 55 (not including the off-site extension of Arbor Ridge Way) shall be
rough graded prior to the issuance of any building permits. The landscaping of the berm and
contiguous open space within phase two (phase two as shown on the phasing plan date stamped by
the City on April 18, 2001, incorporated herein by reference) shall be completed prior to the
issuance of any building permits for phase two. Prior to the City Clerk signing the final plat for
phase two, the applicant shall either install the required landscape improvements or provide the
City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. "
.
The Board further determined that the play equipment originally proposed to be included within the
common area within phase one needs to be completed (to date, the play equipment has not been installed).
PUBLIC MEETING OF THE COUNCIL:
A. A meeting was held on the application before the Eagle City Council on February 8, 2005, at which
time the Council made their decision.
B. Oral testimony in opposition to this proposal was presented to the City Council Board by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/represen tati ve).
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek abstained) to approve DR-144-04 for a design review
application for the common area landscaping within Ringo Ridge Subdivision No.2 for P&O
Page 2 of 6
K\Plallning DeptlEagle ApplicatiollslDr\2004IDR-l44-04 lalld ccf.doc
Ventures, with the following site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable requirements of Arbor Ridge Subdivision (PP-I0-00).
2. Provide a detail (ie. cut sheets) of the proposed tables and benches to be used in the open space area in
phase 1. The tables and benches shall be reviewed and approved by staff prior to City approval of the
final plat.
3. Provide construction drawings showing the sidewalk within phase 1 and showing how the sidewalk
will connect to the sidewalk within Hill Road Park. The construction drawings shall be reviewed and
approved by the City Engineer prior to City approval of the final plat for phase 2.
4. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City
Clerk signing the final plat for phase 2
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Phase II shall include an open space/landscape plan that includes all of the area East of Echo Hawk
Way (noted as Arbor Ridge Way on the approved preliminary plat) over to, and including, the berm
that will be on the easterly side along Highway 55. The berm and open space shall be designed
pursuant to the requirements of Eagle City Code, and site specific condition of approval #23 within the
Council's Findings of Fact and Conclusions of Law document for Arbor Ridge Preliminary Plat, dated
June 26, 2001. The open space/landscape plan shall be reviewed and approved by the Design Review
Board prior to the City Clerk signing the final plat for phase 2.
8. The open space area (pocket park) located on the southwest corner within Ringo Ridge Subdivision
No.1 shall include: benches and tables as shown on the cut sheets date stamped by the City on January
13,2005, a water feature as currently installed, and a concrete sidewalk that shall connect to the
sidewalk at the north boundary of Hill Road Park.
9. The pocket park referenced in site specific condition of approval #8 above, shall be completed by July
1,2005. All other open space and common area improvements required herein for Ringo Ridge
Subdivision No.2 shall be completed on or before November 1, 2005.
ST ANDARD 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 any building permits or Certificate of Occupancy,
whichever occurs first.
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 shall be submitted to the City prior to issuance of any building permits
Page 3 of 6
K:\Plauniug DeptlEagle ApplicatiollslDr\2004\DR-I44-04laud ccf.doc
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
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. 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 Certificate of Occupancy.
10. 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.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
Page 4 of 6
K:\Plamling DeptlEag1e Applicatiolls\Dr\2004\DR- 144-041alld ccf.doc
dust, trash, weeds and other debris.
12. 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 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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. 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.
17. 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.
IS. Basements in the flood plain are prohibited.
19. 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
Commission and/or Council.
20. 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/or the Planning and Zoning Commission for
review and approval.
21. 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.
Page 5 of 6
K:\Plauniug DeptlEag1e Applications\Dr\2004\DR-l44-041and ccf.doc
22. 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
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
22. 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.
23. 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 Design Review Board approval date).
25. 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.
26. 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 application, as conditioned herein, complies with the applicable provisions of the Eagle City Code
the preliminary plat approval (PP-10-00) for Arbor Ridge Subdivision.
DATED this 22nd day of February 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
Page 6 of 6
K:\Plamling DeptlEag1e Applications\Dr\2004\DR-I44-04lalld ccf.doc