Findings - CC - 2004 - PP/FP-2-04 - Combined Pp And Fp For Advanced Healing Plaza Subdivision.3\WAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A COMBINED PRELIMINARY PLAT AND
FINAL PLAT FOR ADVANCED HEALING
PLAZA SUBDIVISION FOR SAINT
ALPHONSUS REGIONAL MEDICAL CENTER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FI'-2-04
The above -entitled combined preliminary plat and final plat applications came before the Eagle City
Council for their action on August 10, 2004, at which time public testimony was taken and the public
hearing was closed. 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:
Saint Alphonsus Regional Medical Center, represented by Roylance & Associates, is
requesting combined preliminary plat and final plat approval for Advanced Healing Plaza
Subdivision, a re -subdivision of Lot 2, Block 2, of Mixed Use Subdivision No. 2. The
5.64 -acre, 2 -lot commercial development is located south of East Riverside Drive in the
Eagle River Development.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 6, 2004.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on June 7, 2004. Notice of this public hearing was
mailed to property owners within three -hundred feet (300 -feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on June 1, 2004. Requests for agencies' reviews were transmitted on May 7, 2004,
in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 26, 2004. Notice of this public hearing was mailed to property owners
within three -hundred feet (300 -feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 21, 2004.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a
development agreement (including a concept plan) for this site.
On April 24, 2001, the Eagle City Council approved a preliminary plat (PP -14-00) for this
site.
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On May 8, 2001, the Eagle City Council approved a final plat (FP-13-01) for the Eagle
River Development.
On June 8, 2004, the Eagle City Council approved DR-42-04 for the construction of one
medical office building for this site.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNATION
Existing Mixed Use MU-DA (Mixed Use Vacant lot within Eagle River
with development Development
Agreement)
Proposed No Change No Change Medical Office Building
North of site Commercial C-3-DA (Highway Vacant lot within Eagle River
Business District Development
with Development
Agreement)
South of site Mixed Use MU-DA (Mixed Use Vacant lot within Eagle River
with development Development
Agreement)
East of site Mixed Use MU-DA (Mixed Use Eagle River Development office
with development building and The Land Group office
Agreement) building
West of site Commercial C-3-DA (Highway Vacant lot within Eagle River
Business District Development
with Development
Agreement)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 5.64 - acres
Total Number of Lots - 2
Commercial - 2
Industrial - 0
Common - 0
Total Number of Units - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 2.7-acres (117,600 sq. ft.) 0.16-acres (7,000 sq. ft.)
Minimum Lot Width 138-feet (approx.) 50-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area 2.3 I-acres (100,728 sq. ft.) .56-acres (24,560 sq. ft.)
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 41 % (approximately) 10% (minimum)
(measured as total landscaping of
the entire site)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
A greenbelt/pathway has previously been constructed along State Highway 44 abutting the
northern boundary of the Eagle River development as well as the southern boundary of the
development abutting the Boise River.
This developer of the subject site is required to screen outdoor storage areas, trash
receptacles, exposed equipment, and provide off-street parking pursuant to Eagle City
Code and the conditions of approval for the Eagle River development.
Open Space:
Because this is a commercial subdivision located within the MU zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping is required throughout the site, pursuant to Eagle City Code Section 8-2A-7
(B) (2).
Storm Drainage and Flood Control:
Storm drainage and parking lot construction plans are to be submitted with a building
permit application and are required to be reviewed and approved by the City Engineer.
Lots are required to be graded so that all runoff runs either over the curb, or to drainage
easements, and that no runoff shall cross any lot line onto another lot except within a
drainage easement. Flood control plans were previously submitted and approved by the
City Engineer.
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.
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) - not allowed
Preservation of Existing Natural Features:
Natural features do exist on the site and the applicant has provided an Environmental
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Impact Assessment for the entire Eagle River Development site which was previously
reviewed with the preliminary plat application (PP-14-00). Existing trees within the
landscape strips abutting the roadways surrounding the site shall be retained.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. All streets within this subdivision were
previously approved and constructed with Mixed Use Subdivision No.1 (Eagle River).
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
The 5-foot wide detached sidewalks (separated from the curb with a 5-foot wide planter
strip) adjacent to the public streets within this development were previously approved and
installed with Mixed Use Subdivision No.1. No new sidewalks are proposed with this
application.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been
constructed abutting the interior streets.
Lighting:
Street lights have previously been installed as required for Mixed Use Subdivision No.1.
The applicant will be required to submit plans and details of any proposed parking lot
lighting to the City for review and approval by the Design Review Board.
Street Names: No new streets are proposed with this application.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian pathways have been constructed in various areas throughout the site pursuant to
the provisions within the development agreement and conditions of approval for Mixed
Use Subdivision No.1.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
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L.
M.
PUBLIC USES PROPOSED: None proposed.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes, Boise River Floodplain
Note: all floodplain and flood way concerns were addressed by the applicant as a part of
the Eagle River Preliminary Plat application, the Mixed Use Subdivision No.1 final plat
application, and associated floodplain development permit application.
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under
Areas of Critical Environmental Concern above).
Mature Trees - within the wetland areas and within existing landscaping
Riparian Vegetation - within the Corps of Engineers approved delineation of
jurisdictional wetlands.
Steep Slopes - No
Stream/Creek - North of North Channel of Boise River
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - Yes
Historical Sites - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
An environmental assessment plan has been reviewed and approved by the City Engineer
as a part of Eagle River Preliminary Plat application and Mixed Use Subdivision No.1
Final Plat application. A copy of the environmental assessment plan is on file with the
City Engineer.
P.
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:
Department of Environmental Quality
Eagle Sewer District
Idaho Power
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
c.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
g.
Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
h.
Promote additional employment opportunities and expand the economic base by
a) encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
.
ECC Section 8-2-4 Official Height and Area Regulations states in part that the minimum
required interior side setback for buildings within the MU zoning district is 7.5-feet.
.
ECC Section 8-2A-6 (A)(l) Site Design Objectives:
The site plan design shall minimize impact of traffic on adjacent streets, provide for the
pedestrian, and provide appropriate, safe parking lot design. Special review items should
include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and
bays and vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
1. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
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following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
.
ECC Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements
shall allow for the ultimate extension of adjacent streets through the middle of wide
blocks. Whenever such future subdividing or lot splitting is contemplated, the plan
thereof shall be approved by the City Council prior to taking of such action.
D.
DISCUSSION:
.
The applicant proposes to subdivide the subject parcel (Lot 2, Block 2, Mixed Use
Subdivision No.2) which has previously been divided from a larger parcel; a succession of
land divisions from large to small. Physically, no change will occur to the site itself, only that
a single building will be available for individual ownership rather than as a lease option in
which the building is owned by a single entity.
On June 8, 2004, the City Council approved a design review application (DR-42-04) for a two
story building to be constructed on the subject site, situated to straddle the proposed side lot
line. The building will include a Medical Office Building (MOB) and an Ambulatory Care
Center (ACe) with a common entry between the two sections of the building; a common
parking lot will serve the site. For zoning, building code and life-safety issues, the applicants
have designed the site to function as a single unit, yet to accommodate the financing and
development of the project, the applicants need the MOB and ACC to be under legal, separate
ownerships.
One method to accommodate an ownership separation is through the condominium
process which allows for the separate ownership of a building while the entire site functions
and is considered one "unit" for building code and zoning purposes. However, the applicant is
concerned that the condominium process is not conducive, and inflexible, to the desired
ownership separation sought after in this situation.
The applicant has proposed another option to divide the parcel into two lots and record a
Reciprocal Easement Agreement over both lots to have them deemed, for building code,
zoning and life-safety purposes, as a single unit. This alternative is conceptually very similar
to a typical condominium plat (i.e., to separate ownership), but in the view of the applicant, is
more flexible and appropriate in this instance where only one ownership separation is
required.
A setback in some respects may be considered a planning tool used to create a certain look or
character within a subdivision, usually more so within a residential development rather than
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commercial. In this instance, the building has been designed to function in all aspects as one
structure - the ownership does not affect the construction of the building. And further, the
City Building Official is of the opinion that the building will be reviewed as a single structure
for fire and safety issues around the perimeter of the building; (again) a "line on paper" will
not affect the construction of the building. Because neither the appearance nor the building
construction will be changed by the proposed subdivision (the outcome is still a building being
constructed on the site), the Planning and Zoning Commission and the City Council may in
this instance consider the proposed side property line to be a matter of ownership only, and
that no tangible elements of the site will be affected by the lack of a measured setback from
said lot line.
.
It is staff s opinion that this plat will not significantly affect the previously approved
subdivision plats approved for the Eagle River Development. In this situation, all the lands
within this property are subject to the requirements and conditions of the development
agreement for the Eagle River Development and Mixed Use Subdivision Nos. 1 thru 5.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 28,
2004, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of PP/FP-2-04 for a combined
preliminary plat and final plat application for Advanced Healing Plaza Subdivision with the site
specific conditions of approval and standard conditions of approval shown within their Findings of
Fact and Conclusions of Law document, dated July 12,2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 10, 2004, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative) .
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COUNCIL DECISION:
The Council voted 4 to 0 to approve of PP/FP-2-04 for a combined preliminary plat and final plat
application for Advanced Healing Plaza Subdivision with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all requirements of the development agreement for this site dated, January 25, 2000,
between the City of Eagle and Eagle River LLc.
3. Comply with all conditions ofPP-14-00 (Mixed Use Subdivision).
4. Comply with all conditions of DR-42-02.
5. Provide a copy of the final Reciprocal Easement Agreement prior to the issuance of any building
permits. The document shall include required provisions as follows:
.
A cross access easement shall be established so that each lot has the right to use any shared
facilities that may be located on another lot, including but not limited to parking lots,
sidewalks, landscaping amenities, fITe suppression and alarm systems, and emergency exits.
.
All owners shall share maintenance of the common facilities.
.
All structures or improvements to the building or site shall be reviewed and approved by the
City of Eagle as required by the applicable ordinances in effect at the time of said
improvements.
.
The required provisions of the Reciprocal Easement Agreement shall not be amended or
terminated without the prior written consent of the City of Eagle.
6. Any improvement to the site is subject to the review and approval of a Design Review application.
Design Review Board review and approval of perimeter landscaping, individual buildings and
associated landscaping, parking lot and a master sign plan are required prior to the issuance of any
building permits for the site.
7. Place a note on the final plat stating that the Advanced Healing Plaza Subdivision shall remain under
the control of one business owner's association. Provide a copy of the Reciprocal Easement
Agreement with language stating that the landscaping, parking lot and other shared site improvements
are to be maintained by one business owner's association.
8. Future re-subdivision(s) of any portion of this site shall be required to comply with ECC Title 9 "Land
Subdivisions" .
9. Add a note on the final plat to read as follows, "All Lots shall provide reciprocal cross-access for
vehicular and pedestrian ingress and egress to the public right-of-ways and to the utility easements as
delineated on this plat" (or within a recorded cross access easement, with reference to the instrument
number noted on the plat).
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10. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, 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.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
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 the City Engineer signing the final plat (B.C.c. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, 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 the subdivider shall provide for underground
tile 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.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
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 the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall 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. The approved drainage system shall be constructed, or a
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11.
12.
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs 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.
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 Engineer prior to the City Engineer signing the
final plat.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an 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 the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. 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.
The proposed 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.
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 fITe area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be 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.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
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16.
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
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 areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
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 the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
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
approval of the final plat by the City Council.
19.
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 approval of the
final plat by the City Council.
20.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
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 approval of the final plat by
the City Engineer.
24.
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 the City Engineer signing the final
plat.
25.
Basements in homes in the flood plain are prohibited.
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26.
27.
28.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all :lpplicable 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.
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. 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 submits application to the City of Eagle
for a change to the planned use of the subject property.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
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 6, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 7, 2004. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on June 1, 2004. Requests for agencies' reviews were
transmitted on May 7, 2004, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 26, 2004.
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Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on July 21,2004.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat and final plat (PP/FP-2-04) and based upon the information provided concludes that the proposed
combined preliminary plat and final plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested combined preliminary plat and final plat complies with the approved
zoning designation ofMU (Mixed Use); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a minor subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area since
the buildings located upon the lot to be divided are proposed to be designed in a
similar fashion to surrounding buildings and are required to comply with the
conditions of a Design Review Board review and approval and the Development
Agreement approved for the Eagle River development; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with existing central sewer from the Eagle Sewer
District. Fire protection is available from the Eagle Fire District and fire hydrants
have previously been provided throughout the Eagle River development; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and since no new dedication of public right-of-way is proposed or
required; and
f.
This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, and previously have
been or are expected to be installed with the development of individual lots as
conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of combined preliminary plat and final plat approval as set forth within the
conditions of approval above.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
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final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a
preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like. Note: This site is within the Boise River
Floodplain, however, all floodplain concerns (including all concerns outlined in EGG
Title 10) were addressed with Eagle River Subdivision (PP-14-00) and Mixed Use
Subdivision No.1;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City since some commercial developments are not
affected by required setbacks as much as by the required rITe and safety codes.
Because multiple buildings may be constructed on one commercial parcel (and
therefore bound only to the perimeter setbacks), the separation of the buildings from
one another is guided by the materials used in the construction of the structures with
regard to rITe protection and other safety issues. In this instance, the building is to be
reviewed for compliance with building codes as a single structure and that a platted
line does not physically effect the construction of the building.
DA TED this 24th day of August 2004.
CITY COUNCIL ,-
OF THE CITY OF EAGLE
da County, Idaho
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Sharon K. Bergmann, Eagle City lerk
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