Findings - DR - 2005 - DR-47-05 - Common Area Landscaping In Ringo Ridge Estates No. 2BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN RINGO RIDGE )
ESTATES NO. 2 FOR P. O. VENTURES, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-47-05
The above -entitled design review application came before the Eagle Design Review Board for their action
on June 9, 2005. The Eagle 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:
P. O. Ventures, Inc., represented by Cheryl Moriarty, is requesting design review approval of
the common area landscaping within Ringo Ridge Estates No. 2. The site is generally located
northwest of Hill Road and State Highway 55.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 5, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 12, 2005, in accordance with the
requirements of the Eagle City Code.
D. 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-34-01)
for the common area landscaping for Ringo Ridge Subdivision No. 1 (aka Arbor Ridge
Subdivision).
On February 22, 2005, the Eagle City Council approved the design review application (DR-144-
04) for the common area landscaping for Ringo Ridge Estates Subdivision No. 2.
E. COMPANION APPLICATIONS: None
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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 Three (3-
units per acre max.)
No Change
Residential
Three/Residential Four
(3-units/4-units per acre
max.)
Residential Three (3-
units per acre max.)
Business Park
Residential Three (3-
units per acre
max.)/Public/Semi-Public
ZONING
DESIGNATION
R-3 (Residential)
No Change
R-4 (Residential), RI & RT
(Ada County Residential)
R-1 & R-3 (Residential)
BP (Business Park)
RT (Ada County Residential),
R-1, R-3, PS (Residential and
Public/Semi-Public)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site — 52.3-acres
Total Number of Lots - 155 (8-residential lots within this phase)
Residential - 140
Commercial - 0
Industrial - 0
Common - 15
Total Number of Units —
Single-family - 140
Duplex - 0
Multi -family - 0
Total Acreage of Any Out -Parcels - 0
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LAND USE
Gravel Operation/
Agricultural (Pasture)
Residential Subdivision
Agricultural/Residential
Subdivision
Gravel Operation/
Residences
State Highway 55/ Gravel
Operations
Residential Subdivision/
Agricultural/ Future City
Park
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
PROPOSED
2.68-units
10,000-square feet
75-feet
35-feet
6.17-acres (not including
landscape strip and separated
sidewalk along roadways)
REQUIRED
3-units maximum
10,000-square feet
75-feet
35-feet
5.23-acres
Percent of Site as Common Area 11.08% 10 %
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
A master landscape design plan (including open space areas) has not been submitted to
date.
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide landscape
buffer area between principal arterials/freeways and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat.
Open Space:
Eagle City Code, Section 9-3-8 D requires a minimum of 10% of open space for any
subdivision located in an R-3 zone. 11.08% is proposed.
Storm Drainage and Flood Control:
The applicant will be required to install a drainage system to accommodate the storm
water runoff from the public right-of-way. Said plans shall be reviewed and approved by
the Ada County Highway District.
The applicant as required by the Subdivision Ordinance shall submit street drainage plans.
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 shall 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. These clauses shall require lots to be graded so that all storm water runoff
travels 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.
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Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On -site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site, which should be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site, which should be preserved.
If during excavation or development of the site, historical artifacts are discovered, state
law requires immediate notification to the state.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
L. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
M. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
United Water Company
O. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, date stamped by the City on May 23, 2005 (is
incorporated herein by reference).
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(J)(4)(c)
Any road designated as a principal arterial on the Ada County long range highway and street
map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six (6)
shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured
stone, decorative rock, or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot (4') wide flat area shall be provided for the placement of the
decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
C. DISCUSSION:
• The landscape plan date stamped by the City on May 25, 2005, shows a buffer area adjacent to
State Highway 55 with the required number of plantings per one hundred (100) linear feet of right
of way. However, the exact width of the buffer area is unclear because the applicant has not
delineated on the landscape plan the right of way of State Highway 55 or the property lines of
Ringo Ridge Estates No. 2. Per Eagle City Code, a seventy five foot (75') wide buffer area (not
including right of way) is required to be provided. The applicant should be required to provide a
revised landscape plan showing the seventy five foot (75') wide buffer area in relation to the right
of way lines and property lines of Ringo Ridge Estates No. 2. The applicant may be required to
provide an easement for any portion of the berm which is not located within the property of Ringo
Ridge Estates No. 2. The revised landscape plan and easement (if required) should be reviewed
and approved by the Design Review Board prior to the City Clerk signing the final plat.
• The landscape plan and fence detail date stamped by the City on May 25, 2005, indicate a four
foot (4') high white and tan vinyl fence to be constructed on top of the berm adjacent to State
Highway 55. Per Eagle City Code, a decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall is permitted within the buffer area, vinyl fence is not permitted.
The applicant should be required to provide a revised landscape plan and fence detail showing the
fence along State Highway 55 to be constructed of decorative block, cultured stone, decorative
rock or similarly designed concrete wall (see EASD book for examples). The revised landscape
plan and fence detail should be reviewed and approved by the Design Review Board prior to the
City Clerk signing the final plat.
• The applicant submitted colored photos of a picnic table, bench, and basketball hoops that are to
be placed within the common area of this development. However, staff has not been able to locate
the proposed location of the bench and picnic tables within the landscape plans. Also, the City
usually receives detailed cut sheets of these amenities that show manufacturer, dimension, style,
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color, etc. The applicant should be required to provide detailed cut sheets of the proposed picnic
tables, benches, and basketball hoop showing the manufacturer, dimensions, style, color, etc. A
revised landscape plan showing the location of the picnic tables and benches should be submitted
to the City. The detailed cut sheets and revised landscape plan should be reviewed and approved
by the Design Review Board prior to the City Clerk signing the final plat.
• The applicant submitted a black and white copy of the proposed tot lot equipment proposed within
the common area of this development. The applicant should be required to provide detailed cut
sheets of the proposed tot lot equipment showing the manufacturer, dimensions, style, color, etc.
The detailed cut sheets should be reviewed and approved by the Design Review Board prior to the
City Clerk signing the final plat.
• The landscape plan date stamped by the City on May 25, 2005, indicates a couple evergreen trees
to be planted within the landscape strip located between the back of curb and meandering sidewalk
along Echohawk Way. The applicant should be required to provide a revised landscape plan
showing only deciduous or flowering trees to be planted within the landscape strip located
between the back of curb and the meandering sidewalk along Echohawk Way. The revised
landscape plan should be reviewed and approved by the Design Review Board prior to the City
Clerk signing the final plat.
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 was held on the application before the Design Review Board on June 9, 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 (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (Barnes, Bowen, and Grubb absent) to approve DR-47-05 for a design
review application for the common area landscaping within Ringo Ridge Estates No. 2 for P. O.
Ventures, Inc., with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with strike thru to be deleted by the Board and
text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of PP-10-00 (Arbor Ridge Subdivision).
2. Comply with any applicable conditions of DR-144-04 (common area landscaping within Ringo Ridge
Subdivision No. 2).
3. Provide a revised landscape plan showing the seventy five foot (75') wide buffer area in relation to the
right of way lines and property lines of Ringo Ridge Estates No. 2. The applicant may be required to
provide an easement for any portion of the berm which is not located within the property of Ringo
Ridge Estates No. 2. The revised landscape plan and easement (if required) shall be reviewed and
approved by staff and two members of the Design Review Board prior to the City Clerk signing the
final plat.
4. Provide a revised landscape plan and fence detail showing the fence along State Highway 55 to be
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constructed of additional berming, decorative block, cultured stone, decorative rock or similarly
designed concrete wall. or combination thereof to equal a minimum of ten feet to a maximum of
twelve feet in height measured at the centerline of the adjacent roadway (see EASD book for
examples). The revised landscape plan and fence detail shall be reviewed and approved by staff and
two members of the Design Review Board prior to the City Clerk signing the final plat.
5. Provide a scalable cross section of the landscape buffer showing the height of the berm and fence in
relation to State Highway 55. The cross section shall be reviewed and approved by staff the Design
R view Board prior to the City Clerk signing the final plat.
6. Provide detailed cut sheets of the proposed picnic tables, benches, and basketball hoop showing the
manufacturer, dimensions, style, color, etc. A revised landscape plan showing the location of the
picnic tables and benches shall be submitted to the City. The detailed cut sheets and revised landscape
plan shall be reviewed and approved by staff the DeGig Review B ' prior to the City Clerk signing
the final plat.
7. Provide detailed cut sheets of the proposed tot lot equipment showing the manufacturer, dimensions,
style, color, etc. The detailed cut sheets shall be reviewed and approved by staff t-1 Da:,ib .. Review
B-eat-4 prior to the City Clerk signing the final plat.
8. Provide a revised landscape plan showing only deciduous or flowering trees to be planted within the
landscape strip located between the back of curb and the meandering sidewalk along Echohawk Way.
The revised landscape plan shall be reviewed and approved by staff the -Design -Review -Beard prior to
the City Clerk signing the final plat.
9. Provide a revised landscape plan showing all sidewalks within this development to be a minimum of
five foot (5') wide. The revised landscape plan shall be reviewed and approved by staff prior to the
City Clerk signing the final plat.
10. No pump house is proposed and none are approved.
11. No signs are proposed and none are approved.
12. Provide a revised landscape plan of the entry road landscaping (located near Hill Road) and the
internal landscaping along the eight residential lots to be drawn to a scale not less then 1" = 20'. The
revised landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final
plat.
13. The applicant is permitted to use potable water to irrigate this phase of Ringo Ridge Estates No. 2.
However, upon completion of Ringo Ridge Estates No. 3, the irrigation system within this phase shall
be converted to a pressurized irrigation system.
14. Provide a license agreement from ITD and/or ACID allowing the installation of landscaping located
within the public rights -of -way and landscape said right-of-way. prior to the City Clerk signing the
final plat.
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 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
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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
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.
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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
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 Council or 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.
18. 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.
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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.
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.
23. 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.
24. 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 for this item was received by the City of Eagle on May 5, 2005.
2. Requests for agencies' reviews were transmitted on May 12, 2005, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-47-05) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-3 (residential three) zoning district.
5. The Board recognizes that Eagle City Code no longer permits vinyl fencing to be used within buffer
areas to achieve the required buffer height. However, the Board unanimously supports the use of vinyl
fencing within this development so as to provide a uniform look of fencing along State Highway 55.
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DATED this 23rd day of June 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Eric R. McClough, Chairman
ATTEST: •.• pGLE ••,
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