Findings - PZ - 1995 - Grossman Subd Preliminary/Final plat - Subd Preliminary/Final Plat In C2 Zone/3 Lots
CITY OF EAGLE
IN THE MATTER OF
GROSS~ SUBDIrISION
AN APPLICATION, FOR A
PRELIMINARY & PINAL PLAT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
I
On March 6, 19~5, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 9,
Eagle City Code, David Bailey of Pinnacle Engineers, John Costner
of Capstone Architects and Cliff Grossman of Soft Water Car Wash,
applicant and part owner of the property, came before the Eagle
Planning and Zoning for the City of Eagle, Idaho, requesting
approval of an application for a subdivision preliminary plat and
final plat, in a Commercial (C2) Zone. The subdivision consists of
3 lots on 1.9 acres.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to
relevant public entities, including Central District Health,
Eagle Sewer District, Idaho State Transportation Dept.,
Meridian School District, Eagle Water Co., Eagle Fire Dept.,
Idaho Power and Stan McHutchisen of Briggs Engineering,
Engineer to the City of Eagle. Their written comments are as
follows:
RESPONSES RECEIVED FROM ENTITIES:
BRIGGS ENGINEERING: 3/6/95, Concerns:
1. The applicant should obtain an access permit from ITD for
access on State Street. This access should be for Lots 1 and
2 combined.
2. The CC&Rs for the subdivision should address the cross
access agreement between Lots 1 and 2. Said agreement must be
recorded prior to recording the final plat, and the agreement
should be referenced on the final plat.
3. I recommend that ACHD confirm that pavement widening on
Edgewood is not required. If widening is required, than Eagle
Code Section 9-2-3B2 is not met.
CENTRAL DISTRICT HEALTH: 2/15/95, Approved for central water and
sewer service. Street runoff is not to create a mosquito breeding
problem. Their standard "Stormwater Management Recommendations"
should be follpwed.
ADA COUNTY ASS~SSOR
EAGLE FIRE DEPf.
EAGLE WATER CO 2/10/95: This property is currently served by Eagle
Water Co.
EAGLE SEWER DIIST.: 2/15/95 This property is within the service
boundaries. T&e developer has not contacted the Sewer District and
therefore the District will not issue full approval until such time
as complete plans are provided.
MERIDIAN SCHOOL DISTRICT NO.2:
residential subdivision.
Their
response
assumed
a
2.
On March 6, 1995, a public hearing was conducted by the Eagle
Planning and Zoning Commission. Adverse testimony from Joy
Grimstead was received by the Commission. Ms. Grimstead was
concerned about increased noise, devaluation of her property,
odors and lights shining into her home. Dennis Brighting
testified against the proposal saying that the residential
areas should be protected against industrial uses such as this
lube business proposed for lot 2. Mike Plunket questioned the
construction of the holding tanks for the petroleum products
used in the lube business proposed for lot 2.
3.
Written testimony was received from Dennis and
Callagher, they have no objection to the subdivision.
Celia
4.
This development is located near the northwest corner of
Edgewood and Highway 44.
Based upon the foregoing FINDINGS OF FACTS, the Eagle Planning
and Zoning Commission concludes the following:
1.
Granting approval of a preliminary and final plat for
Grossman Subdivision for the purpose of a 3 lot
subdivision does not violate the Idaho State Codes, Eagle
City Codes and the Eagle Comprehensive Plan;
2.
The approval of the application will not have an adverse
impact on those property owners in the area;
3.
The application submitted by Soft Water Car Wash for
approval of a preliminary and final plat serves the
welfare of the general public and is determined to be in
the best interest of the public.
On March 6, 1995 the Eagle Planning and Zoning Commission voted to
recommend approval of the application with the following
conditions:
1.
The standard conditions:
COMMERCIAL CONDITIONS OF APPROVAL
1.
All permits from Central District Health, Eagle Sewer District
& Eagle Fire District, shall be secured prior to issuance of
permits.
Developer and/or owner shall comply with all requirements of
Ada County Highway District and/or the State of Idaho
Transportation Dept., including approval of the drainage plan,
requirements for installing curb, gutter, sidewalks as
specified by the Ada County Highway District. Those
developments on State St. shall comply with the Eagle street
design for curbs, gutters, sidewalks, trees and lights.
2.
3.
A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations and minimum flow per hydrant;
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit;
One set of building plans in any commercial district will be
submitted to the Fire District for approval;
4.
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.
5.
Design Review Applications and Landscaping Applications are
required on all commercial developments. The developer is
required to:
A. Meet all Design Review provisions regarding property and
building design and signs.
B. Insure that all landscaping areas abutting residential
districts shall remain free of all advertising or other signs.
C. will have at least a six foot high sight obscuring fence
along the property lines that adjoin a residence (8-3-5.I-2),
or a strip of land not less than 20 ft. in width planted with
dense planting acceptable by the Committee.
10.
11.
12.
13.
14.
The Design Review/City Landscaping Committee will review and
approve or reject all landscaping applications required to be
submitted for the landscaped areas and planting of street
trees, and shall oversee such development and planting for the
welfare of trees, shrubs and other vegetation to all
commercial development.
6.
Parking area: shall be paved and shall be maintained in good
condition without holes and free of all dust, trash, weeds and
other debris. (8-4-3)
7.
One parking space for each service bay and adequate parking
for employees is required. There shall be one handicapped
space to each 6 parking spaces.
8.
Access: Any parking area shall be designed in such a manner
that any vehicle leaving or entering the parking area from or
onto a public or private street shall be traveling in a
forward motion.
9.
Stripping: All parking areas with a capacity over twelve (12)
vehicles shall be stripped with double lines (six inches both
sides of center) between stalls to facilitate the movement
into and out of the parking stalls
Shall provide enclosed trash areas as provided in ECC 8-3-2.D
Handicapped parking shall be clearly marked with designated
signs.
All entrances, exits and rest rooms shall meet handicap code
requirements (UBC).
Any demolition of existing buildings on the property require
a permit for the City of Eagle prior to demolition. ***
A drainage plan must be submitted and approved by the Eagle
City Engineer.
"All storm drainage shall be maintained on site. 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. 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."
CITY OF EAGLE
STANDARD CONDITIONS
amended: 1-95
FOR SUBDIVISION APPROVAL
1.
Developer and/or owner shall comply with all requirements of
Ada County Highway District including approval of the drainage
plan, requirements for installing curb, gutter, sidewalks and
paving throughout the subdivision or as specified by the Ada
County Highway District. Signature by the Ada County Highway
District on the plat is required prior to signing of the final
plat by the City Engineer. (I.C. title 50, Chapter 13.)
2.
Correct street names as approved by the Ada County Street Name
Committee shall be placed on the plat prior to signing of said
plat by the City Engineer.
3.
Approval of sewer and water facilities, the Idaho Dept of
Health & Welfare and Central District Health are required. The
signature by the Ada County Central District Health Department
is required prior to signing of the final plat by the City
Engineer (I.C. Title 50, Chapter 13 and I.C. 39-118)
A.
The developer shall comply with Eagle City Code 9-4-1
pertaining to required improvements within subdivisions.
Required improvements shall include, but not be limited
to, extending all utilities to the platted property.
Complete construction plans of water and sewer systems
shall be submitted to and approved by the City Engineer
prior to signing the final plat by the City Engineer.
The developer may submit a letter in lieu of plans
explaining why plans are not necessary.
4.
The developer shall place a note on the face of the plat which
states: "Minimum building setback lines shall be in accordance
with the City of Eagle Zoning Ordinance at the time of
issuance of the building permit or as specifically approved".
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
5.
Prior to submitting the final plat for recording, the
following endorsements or certifications must be executed:
Signatures of owners or dedicators, Certificate of the
Surveyor, Certificate of the County Engineer, Certificate of
Central District Health Dept., Certificate of the City
Engineer and City Clerk and signatures of the Commissioners of
the Ada County Highway District and the Ada County Treasurer.
6.
A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations, Minimum flow per hydrant shall be 1000
gallons per minute for one and two family dwelling. Dwellings
having a fire area in excess of 3,600 sq ft shall be required
to have 1,500 gallons per minute.
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
7.
Compliance with Idaho Code, section 31-3805,
irrigation rights, transfer and disclosure.
concerning
A. The water rights appurtenant to the lands in said
subdivision which are within the irrigation entity will
be transferred from said lands by the owner thereof; or
B. The subdivider has provided for underground title or
other like satisfactory underground conduit to permit the
delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
1. Developer may either construct prior to final
platting or bond in the amount of 110% of the
estimated construction costs.
2. Plans must be submitted to the City Engineer
showing the delivery system and approved by a
registered professional engineer prior to signing
of the final plat by the City Engineer.
8.
Developer and/or owner 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 signing of the final plat
by the Eagle City Engineer. A copy of the construction
drawing(s) shall be submitted with the letter.
A. For drainage facilities not belonging to ACHD, the
developer may either construct prior to final platting or
post bond/agreement in the amount of 110% of the
estimated construction costs.
9.
Covenants, homeowner's association by-laws or other similar
deed restrictions, acceptable to the Eagle City Attorney
which provide for the use, control and mutual maintenance all
common areas, storage facilities, recreational facilities,
street lights or open spaces shall be reviewed and approved by
the Eagle City Attorney prior to signing of the final plat by
the Eagle City Engineer.
A restrictive covenant must be recorded and a note on the face
of the final plat is required, providing for mutual
maintenance and access easements.
Appropriate papers describing decision-making procedures
relating to the maintenance of structures, grounds and parking
10.
11.
12.
13.
14.
15.
16.
areas shall be reviewed and approved by the Eagle City
Attorney prior to signing of the final plat by the City
Engineer.
Street light plans shall be submitted and approved as to the
location, height and wattage to the City Engineer prior to
signing of the final plat by the City Engineer. All
construction shall comply with the City's specifications and
standards. The Developer has the option of completing street
light installation prior to signing of the final plat by the
City Engineer or bonding for the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title
9, Chapter 4, Section 9-4-2.2, which specifies that the
improvements to be made shall be done in a time period IInot to
exceed one year from the date of approval of the final plat II.
A.
Developer and/or owner shall pay street light inspection
fees on the proposed subdivision prior to signing of the
final plat by the Eagle City Engineer.
Developers and/or owner shall delineate on the face of the
final plat an Eagle City street light easement, acceptable to
the City Engineer, for the purpose of installing and
maintaining city-owned street light fixtures, conduit and
wiring lying outside the dedicated public right-of-way, prior
to signing of the final plat by the City Engineer.
The Developer and/or owner shall provide utility easements as
required by the public utility providing service prior to
signing of the final plat by the City Engineer.
The developer and/or owner shall comply with the provisions of
the Eagle City Code which specify limitation on time of
filing. A request for time extension, including the
appropriate fee, shall be submitted to the City Clerk for
processing.
The developer shall comply with the provisions of the Eagle
City Code, pertaining to floodplain (and river protection)
regulations prior to submitting the final plat for signature
by the City Engineer.***
Should the homeowner's association be responsible for the
operation and maintenance of the storm drainage facilities,
the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the
Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to signing of the final plat by the
Eagle City Engineer.
The developer is to place a note on the face of the plat which
states: "This subdivision is subject to the requirements of
the Uniform Building Code (UBC) as regulated the City of
17.
18.
19.
20.
21.
22.
23.
24.
Eagle. It
Wet line sewers are required and the developer shall furnish
the City Engineer with a letter from the sewer entity serving
the property, accepting the proj ect for service, prior to
signing of the final plat by the City Engineer (B.C.C. 9-20-
8.4)
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 should 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 Engineer prior
to signing of the final plat by the City Engineer.
Any recreation area, greenbelt area or pathway area along the
Boise River, Dry Creek or any other area designated by the
Councilor Eagle City Pathway/Greenbelt Committee for a path
or walkway shall be approved by the Eagle City
Pathway/Greenbelt Committee prior to approval of the final
plat by the Eagle City Council.
The development shall comply with the Boise River Plat in
effect at the time of City Council consideration of the final
plat.****
Conservation, recreation and river access easements shall be
approved by the Eagle City Pathway/Greenbelt Committee and
shall be shown on the final plat.***
The developer shall obtain approval of the development
relative to the effects of the Boise River Flood Plain from
the Corps. of Engineers prior to approval of the final plat by
the City Engineer.***
Approval of all well water for domestic use by the Idaho
Department of Water Resources shall be obtained prior to
signing of the plat of phase 1 by the Eagle City Engineer***.
The developer shall obtain approval of the development
relative to its effects on wetlands or other natural waterways
from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to
25.
26.
27.
28.
29.
30.
signing of the final plat by the City Engineer.****
All homes being constructed with individual septic systems
must have the septic systems placed on the street side of the
home.****
Basements in homes in the flood plain will be
prohibited
.******
Developer shall comply with all requirements and restrictions
of the Eagle City Code and Eagle Comprehensive Plan, sections
regulating Special Development Subdivisions including, but not
limited to, Hillside Subdivisions, Planned Unit Developments,
Cemetery Subdivisions, Floodplain Development, Areas of
Critical Concern and Special Designated Areas recognized to be
historic, environmental, scenic or have architectural
significance. (if applicable)
The City Parks/Landscaping Committee shall review and approve
or reject all landscaping applications required to be
submitted for the development of parks and landscaped areas
and planting of street trees, and shall oversee such
development and planting for the welfare of trees, shrubs and
other vegetation to all entrances to subdivisions.
A developer may either construct improvements before filing of
the final plat or to provide a financial guarantee of
performance by a performance bond in the amount of 110% of the
total estimated cost for completing construction. Financial
guarantee can also be a cash deposit, certified check,
negotiable bond or bank letter of credit.
Street improvements on State St. and/or Eagle Rd will be
required as outlined in ECC (8-3-6). Sidewalks should be
concrete.
****those developments in the flood plain, greenbelt or Boise River
area
2. A bond be posted for the construction of curb, gutter,
sidewalk, street trees and street lights on State Street.
3. ACBD's request for an addi tional 8 feet of right-of -way be
indicated on the plat.
4. Bonding for curb, gutter and sidewalk on Edgewood Lane.
5. Lighting will not interfere with the neighbors.
ADOPTED by the Eagle Planning and Zoning Commission, of the City of
Eagle Idaho this 20 day of March, 1995.
Approved:
Attest:
Chairman Bert Bradley
Eagle Planning and Zoning
Commission
Mary Berent, City Planner
City of Eagle
On April 11, 1995, the Eagle City Council held a public hearing to
consider the application of Grossman Subdivision. The Eagle City
Council concludes that the application should be approved based on
the fact that the application proves no hardship on the public or
surrounding property owners. The granting of the application does
not violate the Idaho Code nor nullify the interests or purposes of
the Eagle City code. The application is therefore approved with
the conditions recommended by Planning and Zoning and the following
conditions:
1. To require Eagle Water Co. receive a water franchise for
this area.
ADOPTED by the Eagle City Council of the City of Eagle, Idaho
this 25th day of April, 1995.
Approve:
Attest:
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Steve Guerber, Mayor
City of Eagle