Findings - PZ - 2004 - PP/FP-3-04 - Hill Creek Business Park Subd/5.5 Acre/10-Lot Comm Develop/
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A COMBINED PRELIMINARY PLAT AND
FINAL PLAT FOR HILL CREEK BUSINESS
PARK SUBDIVISION FOR DAVID GUTHRIE
WITH PACIFIC SECURITY COMPANIES, INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-3-04
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on November 1, 2004, at which time public testimony was taken and the public
hearing was closed. The Commission, 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:
l
A.
PROJECT SUMMARY:
David Guthrie with Pacific Security Companies, Inc., represented by The Land Group,
Inc., is requesting combined preliminary plat and final plat approval for Hill Creek
Business Park Subdivision. The 5.5-acre, lO-lot commercial development is located on the
northeast comer of the intersection of State Street and Hill Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 23, 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 October 11, 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 October 7, 2004. Requests for agencies' reviews were transmitted on September
28, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, a preliminary plat (PP-12-00) was approved by the City Council for
Trolley Square, a 27-acre commercial subdivision. Conditions of approval for the
previous preliminary plat required the dedication of public rights-of-way for the Hill Road
extension (north of State Street) and Academy Street (west of the terminus of Academy
Way to the Hill Road extension). Although the approval of the preliminary plat expired
on January 9, 2002, (since a final plat was not submitted for the development) the
dedication of the street right-of-ways was completed, resulting in the creation of three
separate parcels. Two of the parcels have recently been approved for development
(Winding Creek and Winding Creek East) and the subject development is proposed for the
third parcel.
On June 11, 2002, the Eagle City Council approved a combined preliminary and final plat
(PP/FP-2-02) for this site. Subsequently, because the parcel was not final platted, the
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preliminary plat application expired on June 11,2003.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2 (General Business District) Vacant
Proposed No Change No Change RetaiUOffice Center
North of site Commercial MU-P (Mixed Use PUD) Winding Creek East
Condominiums
South of site Mixed Use MU (Mixed Use) Rocky Mountain
Business Park
East of site Commercial & Public / C-l (Neighborhood Business Office Buildings &
Semi-Public District) & PS (Public/Semi-Public Eagle Academy School
West of site Commercial MU-P (Mixed Use PUD) Winding Creek
Commercial/
Residential
Development
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 5.5-acres
Total Number of Lots - 10
Residential - 0
Commercial - 10
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 (Commercial) N/A
Minimum Lot Size 0.23-acres (9,946 square feet) 1,300 sq. ft.
Minimum Lot Width 70-feet (approx.) 25-feet
Minimum Street Frontage O-feet N/A
Total Acreage of Common Area Greater than .64-acres 10% (.55- acres) minimum
(measured as total landscaping of
the entire site)
Percent of Site as Common Area Greater than 11.6% 10% (minimum)
(measured as total landscaping of
the entire site)
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
Open Space:
Because this is a commercial subdivision located within the C-2 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).
The landscape development of individual building pad sites will be required to be
reviewed and approved by the Design Review Board.
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.
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:
A drainage ditch coursing along the eastern side of the Winding Creek PUD site has been
determined to be a tributary of the Boise River by the United States Army Corps of
Engineers, and as such is guaranteed certain protections by law. Eagle City Code Section
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9-3-8 (B) states that existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision.
The developer of the Winding Creek Subdivision has negotiated with Drainage District #2
and the Corps to install landscaping within the ditch easement area, which is limited due
to maintenance and plant species concerns. While the development of the subject site is
not directly impacted by the waterway, the easement over said waterway may affect the
design of the site with regard to landscaping and building location.
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
The Hill Road extension (as shown within the 2000 Comprehensive Plan on the
TransportationlPathway Network Map #1 as a collector) is to be constructed with the
development of the Winding Creek development. The road design plans, which include
traffic medians, have been approved by the Ada County Highway District.
The applicant is required to construct the southern portion of Winding Creek Road
abutting the northern side of the development from the intersection of Hill Road to
Academy A venue. The applicant is also required to construct the eastern portion of Hill
Road abutting the western side of the development from State Street to Winding Creek
Road.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than SOO': None
Cul-de-sac Design: N/A
Sidewalks:
The applicant is required to construct five-foot (S') wide concrete sidewalks separated
from the back-of-curb by a five-foot (S') wide landscape strip abutting the east side of Hill
Road, and on the southern side of Winding Creek Road. A five-foot (S') wide concrete
meandering sidewalk is required to be constructed along State Street abutting the southern
boundary of the site.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are to be built
along the Hill Road extension, State Street, and Winding Creek Road.
Lighting:
Lighting for the proposed streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names: No new streets are proposed with this application.
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K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
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.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish - not known
Floodplain - SOO-year
Floodway - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Spoil Banks Canal - Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife - yes
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required
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:
City Engineer: All comments within the engineer's letter dated November 1, 2004, are of special
concern and are incorporated herein by reference.
Central District Health Department
Drainage District No.2 (Ringert - Clark)
Eagle Fire Department
Eagle Sewer District
Idaho Power
United Water
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
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.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
6.7
Implementation Strategies
d.
Discourage strip commercial type development.
1.
Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such systems,
to protect irrigation systems as a long range economical method for water delivery
and to coordinate surface water drainage to be compatible with irrigation systems.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
12.3
Implementation Strategies
k.
Encourage the preservation of natural resources such as creeks, drainages, steep
slopes and ridgelines as visual amenities.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
c.
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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D.
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.
.
ECC Section 9-3-6 EASEMENTS:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines
and side lot lines when deemed necessary. Total easement width shall not be less than
twelve feet (12').
B. Unobstructed drainage way easements shall be provided as required by the City
Council.
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel.
DISCUSSION:
.
On January 9,2001, a preliminary plat was approved by the City Council for Trolley Square, a
27 -acre commercial subdivision within which this current application is situated. Conditions
of approval for the previous preliminary plat required the dedication of public rights-of-way
for the Hill Road extension (north of State Street) and Academy Street (west of the terminus of
Academy Way to the Hill Road extension). Although the approval of the preliminary plat
expired on January 9, 2002, (since a final plat was not submitted for the development) the
dedication of the street right-of-ways was completed, resulting in the creation of three separate
parcels.
This is the last of the three parcels to be developed, following behind the Winding Creek
commercial/residential subdivision, and the Winding Creek East condominium project. In that
regard, the developer of this site will be required to participate in the construction of the Hill
Road extension abutting the western portion of the site as well as Winding Creek Road
abutting the northern boundary of the site. With the platting process, no physical change will
occur to the site itself, only that the buildings will be available for individual ownership rather
than as a lease option in which all the buildings are owned by a single entity.
.
Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimum criteria
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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.
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.
.
The proposed combined preliminary/final plat includes ten commercial lots Future re-
subdivision(s) of any portion of this site will be required to comply with ECC Title 9 "Land
Subdivisions" .
ST AFF 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
November 1, 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 one
(1) individual (other than the applicant/representative) who felt this development could be a "number
one" addition to the City if architecture and design criteria are held to a high degree of standards, and
had questions regarding the alignment of the driveway access onto State Street in relation to the Pacific
Heights development on the south side of State Street.
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of PP/FP-3-04 for a combined preliminary
plat and final plat application for Hill Creek Business Park Subdivision with the following staff
recommended site specific conditions of approval and standard conditions of approval, with
underlined text to be added by the Commission and strikethrough text to be deleted by the
Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations of the City's Engineering firm (Holladay Engineering).
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2.
Comply with all conditions of the October 26, 2004, Ada County Highway District report, including
but not limited to the participation in the construction of Hill Road from State Street to Winding Creek
Road, and construct Winding Creek Road Hill Road from to the western terminus of Academy
A venue. The Hill Road street section shall include the construction of vertical curb, gutter and 5-foot
wide concrete sidewalk separated from the back of curb by a 5-foot wide landscape strip. The Hill
Road extension and Winding Creek Road shall be constructed and said construction approved by the
Ada County Highway District prior to the issuance of any building permits.
3.
The applicaRt shall provide doel:lmootatioÐ statiRg that all reql:lH-emeRts of the Army Coff' of
EngiReers (iacladiRg items sach as a 404 permit) and the làaho DepartmeRt of LaBds Rave BeeR
complied viÌta, or are eoRditioBs of compliaec:e, r-egardiBg eRY alteratioR aBd laRdseapiRg of tHe àitch
abl:lttiRg the Hill Road exteRsioR prior to the iSSl:laRCe of any bl:lilàiRg permits for the site.
4.
Construct curb, gutter and a meandering five-foot (5') wide concrete sidewalk along State Street east
of the Hill Road extension abutting this site, prior to the issuance of any building permits for the site.
Construction drawings, which comply with all requirements of the Ada County Highway District,
shall be reviewed and approved prior to the commencement of construction.
5.
All buildings shall be set back from State Street a minimum of 30-feet (not including right-of-way).
6.
The applicant shall comply with all applicable Eagle Sewer District regulations and conditions prior to
the issuance of any building permits for this site.
7.
Design Review Board approval of a "Master Landscape Plan" for the entire site is required prior to the
issuance of any building permits.
8.
Separate Design Review Board approval of individual pad siteslbuildings is required.
9.
The applicant shall coordinate with Drainage District No.2 regarding landscape improvements with
the Drainage District No.2 for any portion of the drainage easement located within the site. Plans
detailing the improvements within the ditch shall be submitted for review and approval by the Design
Review Board prior to City approval of a final plat.
10. Provide an approval letter and a copy of an approved license agreement from Drainage District #2
regarding any drain ditch easement improvements or storm water drainage discharge into the ditch,
prior to issuance of any building permits for the site.
11. The applicant shall provide a clause within the CC&Rs explaining all restrictions associated with the
Eagle Drain easement, including items such as maintenance procedures and the right for Drainage
District No.2 to access the easement through this site.
12. Revise note No.3 on the final plat to delineate utility easements along the front and rear property line
of each lot to be a minimum of 12-feet wide.
13. Revise note No.4 on the final plat to delineate utility easements along side lot lines to be a minimum
of 6-feet wide on either side of the lot line.
14. Revise note No.8 on the final plat to add that no direct access (other than those approved with this
application) to Winding Creek Road shall be permitted.
15. Revise note No. 12 on the final plat to add that no reduction in lot size shall be permitted without the
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approval of the City of Eagle.
16. The development shall remain under the control of one Business Owners Association.
17. The applicant shall place a note on the final plat stating that all common areas and shared facilities
(landscaping, parking etc.) are to be maintained by the Hill Creek Business Park Owner's Association.
The applicant shall provide a copy of the CC&Rs which includes a similar statement for review and
approval, prior to the City Clerk signing the final plat.
18. Signage, common area, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc., shall
be reviewed and approved by the Design Review Board prior to signing the final plat or the issuance
of any building permits, whichever occurs first.
19. The subdivision and buildings shall be designed with architectural elements in compliance with the
Eagle Architecture and Site Design Book (EASD). The applicant shall submit a master building
design plan that shows general design criteria including composition, color, materials, and
architectural themes to be incorporated into the construction of all commercial buildings on the site,
with details showing how each building will compliment the others with said design elements. The
master plan shall be reviewed and approved by the Design Review Board prior to the issuance of any
building permits for the site.
20. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
21. During all phases of construction (including any delays), the applicant shall keep the entire site free
and clear of all weeds and debris.
22. Individual building sizes shall be limited to a maximum of 18.000 square feet.
23. The applicant (and future property owners to be put on notice) agrees that a cross access easement.
generally located between Lots 7 and 8. Block 1. shall be made available to the property to the east.
The cross access will only be actualized upon the re-development of the property to the east and upon
the determination that the uses proposed for the site are compatible with those developed on the
subject site. The applicant shall place a clause in the CC&Rs notifying propertv owners that the
development is subject to the requirements of a cross access agreement with the propertv to the east.
The applicant shall provide a copy of the CC&Rs for review and approval. 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
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4.
5.
6.
7.
be necessary.
Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (1.C. Title 50, Chapter 13 and lC. 39-118).
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.
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)
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
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.
11.
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
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16.
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.
12.
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 fmal 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 fIfe 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 fIfe 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
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
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20.
21.
22.
23.
24.
25.
26.
27.
28.
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 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
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.
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".
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 fmal plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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.
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.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, 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.
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
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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 [mal 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 September 23, 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 October 11, 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 October 7, 2004. Requests for agencies' reviews
were transmitted on September 28, 2004, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary plat and final plat (PP/FP-3-04) 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 of C-2 (General Business District); 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 within the development are to be designed in a similar fashion to
surrounding buildings and are required to comply with the conditions of a Design
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Review Board review and approval and the Eagle Architecture and Site Design Book
(EASD); 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 will
be installed as required; 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 nor
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 Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and 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;
4. All required information for both preliminary and fmal 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.
5. One member of the Commission requested that the developer of the subject site consider the high
density housing proposed adjacent to the site when determining the commercial uses to be located
within the development. That is, to place an emphasis on retail, restaurants, and similar services
(rather than office uses) to cater to the needs of the nearby residents.
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DATED this 15th day of November 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharo . Bergmann, Eagle City erk
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