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Findings - PZ - 1995 - Preliminary/Final Plat - Subd Pp And Fp In C2 Zone/3 Lots On 1.9 Acres CITY OF EAGLE IN THE MATTER OF GROSS~ SUBDIVISION AN APPLICATION FOR A PRELIMINARY & FINAL PLAT ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On March 6, 1995, 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 ItStormwater Management Reconunendationslt should be followed. ADA COUNTY ASSESSOR EAGLE FIRE DEPT. EAGLE WATER CO. 2/10/95: This property is currently served by Eagle Water Co. EAGLE SEWER DIST.: 2/15/95 This property is within the service boundaries. The 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 assumed response a 2. On March 6, 1995, a public hearing was conducted by the Eagle Planning and Zoning Conunission. Adverse testimony from Joy Grimstead was received by the Conunission. 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 Conunission 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 prel iminary 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. 2. 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. 3. A letter from the fire department is required stating lithe developer and/or owner has made arrangements to comply with all requirements of the Fire Departmenttl, 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 (DBC). 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. 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) 3. 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 lithe 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 cornmon 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 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. 10. 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 "not to exceed one year from the date of approval of the final plat". 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 19. 20. 21. 22. 23. 24. Eagle." 17. 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 project for service, prior to signing of the final plat by the City Engineer (B.C.C. 9-20- 8.4) 18. 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 prohibited.****** homes in the flood plain will be 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. ACHD's request for an addi tional 9 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. LJt75?U1 Chairman Bert Bradley Eagle Planning and Zoning Commission Mary Berent, City Planner City of Eagle