Findings - PZ - 2005 - PP-8-04 - Optimist Park Subd No 2/9.8 Acre/7-Lot Commercial Subd/8811 N. Horseshoe Bend Rd
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR
OPTIMIST PARK NO.2 FOR AN OFFICE
SUBDIVISION FOR RED CLIFF DEVELOPMENT
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FINDINGS OF FACT AND CONCLUSIONS OF LA W
CASE NUMBER PP-8-04
The above-entitled preliminary plat application came before the Eagle Planing and Zoning
Commission for their recommendation on June 20, 2005. The public hearing was closed at that
time. The Eagle Planning and Zoning 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:
A.
PROJECT SUMMARY:
Red Cliff Development, represented by Bob Unger, is requesting preliminary plat
approval for Optimist Park Subdivision No.2. The 9.8-acre, 7-lot commercial subdivision
is located approximately 700-feet south of Hill Road on the west side of Horseshoe Bend
Road at 8811 North Horseshoe Bend Road.
APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on December 22, 2004.
B.
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 January 31, 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 January 26,2005. Requests for agencies' reviews were transmitted on December
28, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: A-1O-04 & RZ-16-04 [Rezone upon Annexation from RUT-
(Ada County designation) to BP (Business Park)]
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Business Park RUT (Rural Urban Single-family residence &
Transition - Ada County Pasture
Designation)
Proposed No Change BP (Business Park) Commercial Development
North of site Business Park RUT (Rural Urban Proposed Optimist
Transition - Ada County Business Park PUD
Designation) Approved for
BP (Business Park)
South of site Business Park BP (Business Park) Mini-storage facility
East of site Not within Eagle Area of RUT (Rural Urban Single-family residence &
Impact Transition - Ada County Pasture
Designation)
West of site Residential Four (up to 4- R-4 (Residential) SH 55 & Great Sky
units per acre max.) Subdivision
G.
SITE DATA:
Total Acreage of Site - 9.8
Total Number of Lots - 7
Residential - 0
Commercial - 7
Industrial - 0
Common - 0
Total Number of Units - 0
Single-family -0
Duplex - 0
Multi-family - 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 I-acre (43,560 sq. ft.) N/A
Minimum Lot Width 328-feet (approx.) 25-feet
Minimum Street Frontage 160-feet (approximately) N/A
Total Acreage of Common Area .49-acres (21,350 sq. ft.)* N/A
Percent of Site as Common Area .5% (approximately)* Each individual pad site will be
required to be developed with a
minimum of 10% landscaping
*Calculation based on landscape easement areas and landscape strips between curb and sidewalk
abutting roadways.
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Because this is a commercial subdivision located within the BP zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping will be required for each pad site throughout the development, pursuant to
Eagle City Code Section 8-2A-7 (B) (2).
No greenbelt areas have been proposed for the development nor are any shown on the
Comprehensive Plan Transportation/Pathway Network Map #1 of 2.
The site is required to be provided with landscape screening for outdoor storage areas,
trash receptacles, exposed equipment, and is to provide off-street parking pursuant to
Eagle City Code.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, 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.
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 required by the Eagle Fire District.
On-site Septic System (yes or no) - not permitted
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Preservation of Existing Natural Features:
The parcel has existing trees located mainly around the existing single-family dwelling
and accessory structures. Eagle City Code Section 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.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
I.
STREET DESIGN:
Private or Public Streets: Public
The applicant has proposed one public roadway (Sportster Street) into the subdivision
from intersection with Horseshoe Bend Road. The 40-foot wide street section is to be
constructed within sixty feet of right-of-way, with five-foot (5') wide concrete sidewalks
separated from the back of curb by a five-foot wide landscape strip along both sides of the
roadway. At approximately one-thousand feet (1000') feet west of Horseshoe Bend Road,
Sportster Street curves to connect with Davidson A venue, a proposed stub street from the
parcel located to the north (proposed Optimist Business Park No.1).
Vertical curb and gutter is to be constructed along Horseshoe Bend Road abutting this site.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': No
Cul-de-Sac Design: None proposed.
Lighting:
Lighting for the proposed public streets is requ ired. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Five-foot (5') wide concrete sidewalks are proposed along both sides of the internal
streets, separated from the back of curb by a five-foot wide landscape strip. A Five-foot
(5') wide meandering concrete sidewalk is proposed along Horseshoe Bend Road abutting
the eastern boundary of the site.
K.
PUBLIC USES PROPOSED: None proposed.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish-no
Floodplain-no
Floodway - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - no
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated February 8, 2005, are of special
concern (see attached).
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
P.
LETTERS FROM THE PUBLIC: None received to date
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Business Park
Suitable primarily for the development of technical park/research and development facilities, offices and
office complexes, and limited manufacturing activities, including small-scale production, distribution, and
storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and be
free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such
development should be operated entirely within enclosed structures and generate minimal
industrial traffic. Development within this land use designation should be required to proceed
through the PUD process.
Chapter 5 - Economic Development
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5.4
Objective
To preserve the economic integrity of the Central Business District (CBD) and to encourage
business and industry that have minimal environmental impact.
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.
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.
Chapter 12 - Community Design
12.3
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to Eagle. City
entryways include State Highways 44 (State Street and Alternate Route) and 55 (Eagle Road).
These entrances with their landscaping (or lack thereof), commercial signage and building
character provide the first, and oftentimes the most lasting impressions of the entire community.
The City of Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
Design review procedures should guide future development and redevelopment of existing uses.
Depending on land uses and buildings, more extensive landscaping and fewer points of access may
be required. The design review process will afford the opportunity to address the special features
of each property and facility in a manner that will best address the overall intent of enhancing
Eagle's entryways. Eagle's entrance corridors may take on the look of berms built adjacent to the
Banbury and Lexington Hills Subdivisions.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 8-2-1 BP BUSINESS PARK DISTRICT:
To encourage the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities including small scale
production, distribution and storage of goods. Support activities may also be permitted.
All development within this district shall be designed to be within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or
glare. Such development shall be operated entirely within enclosed structures, and
generate minimal industrial traffic. All development requiring a conditional use permit in
the BP zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of this
title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
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adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the BP zoning district within section 8-2-3 of this chapter.
.
ECC Section 8-2-3 states that a Single-family dwelling is prohibited in the BP (Business Park)
zoning district.
.
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;
b. The impact and effect of the site development plan on traffic conditions on
contiguous streets and adjoining properties or neighborhoods;
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;
g. The required driver, pedestrian and bicycle sight distance requirements of the
project and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion,
congestion and conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations;
.
ECC Section 8-2A-7 (B)(2) states in part that:
Landscaping shall cover a minimum of ten percent (10%) of the property on all
commercial developments.
.
ECC Section 8-2A-7 (J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five-foot (5') wide by six foot (6')
high landscaped buffer is required.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-2-1 (C) stub streets:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
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D.
for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac. A reserve street may be required and held in public ownership.
DISCUSSION:
.
The City of Eagle 2000 Comprehensive Plans Land Use Map designates this site as Business Park, suitable
primarily for the development of technical park/research and development facilities, offices and office
complexes, and limited manufacturing activities, including small-scale production, distribution, and storage
of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and be
free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such
development should be operated entirely within enclosed structures and generate minimal
industrial traffic. Development within this land use designation should be required to proceed
through the PUD process.
.
Eagle City Code requires that upon the development of a property and use that requires a
conditional use permit within the BP (Business Park) zoning district, the application must be
administered through the PUD and/or development agreement process. However, since this site
does not meet the minimum acreage requirement of ten (10) acres to qualify for a PUD, the
conditional use process is to be utilized unless the proposed use is shown as a permitted use in the
BP zoning district within Section 8-2-3 of Eagle City Code. A goal of the BP zoning district is to
ensure that new development is compatible with both existing and future development, to be
located within a landscaped setting, and be free of hazardous or objectionable elements such as
noise, odor, dust, smoke or glare. The preliminary plat and conditional use processes allow for the
City to set conditions that require that the development be built in conformance with the
previously discussed goals and objectives. Additionally, ordinances within Eagle City Code
require a development to meet certain standards and maintain those standards in order for a
conditional use permit to remain valid.
It should also be emphasized that the Design Review process will playa vital role in assuring that
as the development is built, a common theme among all the structures and landscaping will be
maintained.
.
Because this site is located adjacent to State Highway 55 (considered a major entry into the City),
the design and function of the site should be a major consideration. Uses that promote or require
a large amount of outdoor storage tend to detract from the landscaping and architectural elements
incorporated into the design of a site; the first sight a passerby sees are stacked or overstock items
awaiting assembly and sale, the character and design of the site is merely secondary. While
outdoor display is, of course, a marketing tool used to attract customers, staff believes that display
areas can be designed to be incorporated into the building itself rather than placed on the site as an
afterthought. The display of items outdoors may be considered, provided that the display area is
located adjacent to the building and designed in a manner that gives the appearance that the
display area is an extension of the building, such as within a plaza-type setting.
None
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 20, 2005. Testimony was taken, the public hearing was closed, and the Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by no one.
C. Oral testimony in favor of the application was presented by no one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of the subdivision with the
following staff recommended site specific and standard conditions of approval with text
shown with strike-thru to be deleted by the Commission and text shown with underline to
be added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all conditions within the development agreement for Rezone application RZ-16-04.
2.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated February 8, 2005.
3.
Comply with all conditions of the Ada County Highway District report, including but not limited to
the construction of curb, gutter and a five-foot (5') meandering concrete sidewalk along Horseshoe
Bend Road.
4.
Comply with all conditions of the Eagle Fire Department as noted in the letter of January 25,2005.
5.
The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review
Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip.
Trees shall be installed prior to obtaining any occupancy permits for the buildings.
6.
The street configuration shall remain substantially as shown on the preliminary plat as submitted to
the City with this application.
7.
The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of a
final plat for this site.
8.
The use of a single-family dwelling (or any residential use) is prohibited within the development. No
uses other than those shown in Eagle City Code as permitted (P) or conditional (C) uses under the BP
(Business Park) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of
District Regulations" shall be considered with this development.
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9.
Building placement shall be designed such that parking areas can be located, but not concentrated
between the buildings and State Highway 55. All buildings on lots contiguous to the State Highway
55 right-of-way shall be designed and constructed with architectural features and materials that
enhance the entry corridor into the City. Architectural elevations and materials for all buildings shall
be reviewed and approved by the Design Review Board prior to issuance of any building permits. All
buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design
(EASD) book. Architectural styles not shown within the EASD book will not be considered.
10. The applicant shall comply with Eagle City Code Section 6-5-23 with regard to the preservation of
water rights.
11. The entire Optimist Park No.2 development shall remain under the control of one association of lot
owners. CC&Rs for the Optimist Park No.2 Owners Association shall provide that the association
shall have the duty to maintain and operate all of the common landscape areas (including landscaping
within rights-of-way for State Highway 55 and Horseshoe Bend Road) in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees (including landscape strips between the sidewalk and curb). The applicant shall place a note
on the final plat that all common lots are to be owned and maintained by the Optimist Park No.2
Owners Association. The applicant shall provide a copy of the CC&R statement regarding the
common lots, for review and approval prior to the City Clerk signing the final plat.
12. Display of goods for sale may be located outside and adjacent to the building provided that the display
area is designed in a manner that gives the appearance that the display area is an extension of the
building. Display-area design shall be harmonious with the site layout and building design.
Materials, supplies, equipment or storage items, may be stored between buildings and State Highway
55 if landscaped, fenced or otherwise properly screened to prevent view from State Highway 55 and
pursuant to the review and approval of the Design Review Board. The Design Review Board shall
pay particular attention to the type of items to be displayed for sale when considering the appropriate
design and screening methods for each application. Construction materials shall not be permitted to
be displayed outdoors for sale.
13. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
the site prior to the City Clerk signing the final plat. A demolition permit shall be obtained from the
City prior to the removal of said buildings.
14. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the design
of the development, or shall be replaced, or shall contribute to the City's tree fund as outlined within
Eagle City Code Sections 8-2A-7-Cl and 8-2A-7-"0"-3 respectively. A landscape plan showing how
the trees will be integrated into the open space areas and the non-buildable area on any lot shall be
provided for Design Review Board approval prior to the submittal of a final plat.
15. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
16. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final plat. Street lighting may be in the five-foot (5')
wide landscape strip between the five-foot (5') wide concrete sidewalk and the road right-of-ways.
The plans shall show how the streetlights will facilitate the 'Dark Sky" concept of lighting.
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17. Landscaping shall be provided to screen service driveways from adjacent properties. All lots and
buildings shall be configured so as to screen any and all loading areas and trash enclosures from view
as seen from residential uses or public roadways. Screening materials and location of the loading
docks and trash containers shall be reviewed and approved by the Design Review Board prior to
issuance of any building permits.
IS. Useable common area amenities, subdivision signage, street trees, existing trees, pathways, buffer
areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review Board prior to
the submittal of a final plat.
19. Delineate on the final plat a ten-foot (10') wide landscape easement along Horseshoe Bend Road
(exclusive of the road right-of-way) abutting the eastern boundary of the site. Place a note on the final
plat, and text within the CC&Rs, stating that the easement is to be maintained by the Optimist Park
No.2 Owner's Association.
20. Place a note on the final plat, and text within the CC&Rs, stating that the twenty-foot (20') wide
landscape easement along State Highway 55 (exclusive of the road right-of-way) abutting the western
boundary of the site is to be maintained by the Optimist Park No.2 Owner's Association.
21. The applicant shall submit a design review application and landscape plan showing fencing (if
proposed), trees, landscaping, and berming, and planting details within the 20-foot wide buffer area
along State Highway 55 and the lO-foot wide buffer area along Horseshoe Bend Road abutting this
site for review and approval by the Design Review Board prior to the submittal of a final plat.
Buildings located adjacent to State Highway 55 shall be setback a minimum of 30-feet from the right-
of-way.
22. Revise the final plat to eliminate note no. 9 as it is redundant to note no. 6.
23. Provide a license agreement from ITD and/or ACHD allowing the installation of landscaping located
within the public rights-of-way, and landscape said right-of-way. Submit plans to Design Review
Board for review and approval, prior to the City Clerk signing the final plat.
24. Design Review Board approval for the landscaping for the entire site is required prior to the approval
of a final plat. Design Review Board approval for the landscaping for each individual pad site is
required prior to the issuance of any building permit. Individual lots within this subdivision will be
required to have a minimum of 10% landscaping each.
25. Place a note on the final plat which states in general that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
26. 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.
27. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street will be extended in the future".
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ST ANDARD 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.
Idaho 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.
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
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.
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
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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
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 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 fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall 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.
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20.
21.
22.
23.
24.
25.
26.
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 by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
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 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 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 final 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.
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27.
28.
29.
30.
31.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
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.
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.
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.
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 recei ved by the City of Eagle on December 22, 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 May 16,2005. 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 May 16, 2005.
Requests for agencies' reviews were transmitted on May 16, 2005 in accordance with the
requirements of the Eagle City Code.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Planning and Zoning Commission
makes the following conclusions for the preliminary plat application PP-7-98 Sugarberry
Woods No.2 Subdivision, as proposed with the conditions recommended herein:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
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proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as
highways, streets, police and fire protection, schools, drainage structures, refuse
disposal, water and sewer; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such
services, as noted in the documentation provided from said agencies and as required
as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development
would prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle
Fire District, Eagle Sewer District, and the Ada County Highway District, or as
conditioned herein, there is adequate public financial capability to support the
proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of final plat approval as set forth within the conditions of
approval above.
DATED this 5th day of July, 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ftJfL
Sharon K. Bergmann, Eagle Cit Clerk
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