Findings - CC - 2005 - PP/FP-03-05 - Erland Sub No1(Merrill No 2) 2 Lot Commercial/1.638 Acre
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR )
A COMBINED PRELIMINARY PLAT AND )
FINAL PLAT FOR ERLAND SUBDIVISION )
NO.1 FOR BOB ERLAND )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-03-05
The above-entitled combined preliminary and final plat application came before the Eagle City Council for
their action on September 20, 2005. The Eagle City Council having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Bob Erland, represented by Tim Mokwa with Toothman-Orton Engineering, is requesting
combined preliminary plat and final plat approval for Erland Subdivision No. I (a re-
subdivision of parcel "C" of Merrill Subdivision No.2), a 2-lot commercial subdivision.
The 1.638-acre development is located approximately 1800 feet west of the intersection of
E. Iron Eagle Drive and Edgewood Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 22, 2005.
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 July I I, 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 July 15, 2005. Requests for agencies' reviews were transmitted on June 28,
2005, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 22, 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 August 24,
2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky
Mountain Business Park consisting of 26 lots on approximately 40-acres.
On June 8, 1999, the Eagle City Council approved the final plats for Rocky Mountain
Business Park Nos. 1 and 2.
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On August 8, 2001 a Lot Line Adjustment was recorded creating Parcel "C" within
Merrill Subdivision No.2.
E. COMPANION APPLICATIONS: none
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Vacant
Proposed No Change No Change Commercial
Subdivision for Two
Commercial /
Professional Office
Buildings
North of site Mixed Use MU (Mixed Use) East Iron Eagle Drive
South of site Public/Semi-Public & MU (Mixed Use) State Highway 44 &
Mixed Use Eagle River
Development
East of site Mixed Use MU (Mixed Use) Vacant (Rocky
Mountain No.3)
West of site Mixed Use MU (Mixed Use) OfficelRetail
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 1.638-acres
Total Number of Lots - 2
Commercial - 2
Industrial - 0
Common - 0
Total Number of Units - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 25,200 square feet 0.16-acres (7,000 sq. ft.)
Minimum Lot Width 200-feet (approx.) 50-feet
Minimum Street Frontage 200-feet (Lot 2) N/A
Total Acreage of Common Area 0 o * See Open Space section
(measured as total landscaping of below
the entire site)
Percent of Site as Common Area 0 o * See Open Space section
(measured as total landscaping of below
the entire site)
1. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
A greenbelt/pathway has previously been constructed along State Highway 44 abutting the
southern boundary ofthe Rocky Mountain Business Park development.
This subject site will be required to provide additional landscaping along the pathway
adjacent to the bypass (SH 44), screen outdoor storage areas, trash receptacles, exposed
equipment, and provide off-street parking pursuant to Eagle City Code and the conditions
of approval for Erland Subdivision No. 1.
Open Space:
Because this is a commercial subdivision located within the MU zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping will be required throughout the site, pursuant to Eagle City Code Section 8-
2A-7 (B) (2).
Storm Drainage and Flood Control:
Storm drainage and parking lot construction plans were not submitted with this 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.
Potable water is to be provided by Eagle Water Company. Irrigation is provided by the
Rocky Mountain Business Park's pressure irrigation system.
On-site Septic System (yes or no) - No
The site will receive service through the existing services provided by Eagle Sewer
District.
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Preservation of Existing Natural Features:
Existing trees within the landscape strips abutting the roadways and along SH 44 will be
retained.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J. STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. All streets within this subdivision were
previously approved with Merrill Subdivision Nos. 1 & 2 (Rocky Mountain Business
Park).
Not all of the proposed lots within this subdivision will have direct lot access to the public
streets. Lot 2, Block 1, provides for cross access between the lots to the public streets for
pedestrian and vehicular traffic and is to be noted as such on the final plat. There are
cross-access easements in place from the abutting properties to the east and west.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/ A
Sidewalks:
The 5-foot wide meandering sidewalks (separated from the curb with a 5-foot wide planter
strip) adjacent to the public streets abutting this development were previously constructed
with Merrill Subdivision Nos. 1 & 2.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been
constructed abutting East Iron Eagle Drive.
Lighting:
A site and parking lot light plan showing location, height, and wattage is required to be
reviewed and approved by the Zoning Administrator prior to issuance of a zoning
certificate.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRlANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above. There is also a ten (10') foot wide meandering
pathway located within a greenbelt easement in the southern thirty-five (35') feet of this
site.
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Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes - Boise River Floodplain
Note: Portions of the Merrill Nos. I & 2 Subdivisions are located within the Boise River
floodplain. All floodplain and floodway concerns were addressed as a part of the Merrill
Nos. 1 & 2 Subdivisions, and associated floodplain development permit application.
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes
Mature Trees - Yes, within landscaped strips adjacent to roadways and SH 44
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Chevron Pipeline
Idaho Power Company
Idaho Transportation Department
Joint School District No.2
Ringert Clark (Drainage District #2)
Q. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
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Chapter 5 - Economic Development
5.5 Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
h. Promote additional employment opportunities and expand the economic base by
a) encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
1. Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-2A-6 (A)(1) Site Design Objectives:
The site plan design shall minimize impact of traffic on adjacent streets, provide for the
pedestrian, and provide appropriate, safe parking lot design. Special review items should
include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and
bays and vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
1. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
C. SUBDNISION 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
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;
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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.
. ECC Section 9-4-2-1 - CONSTRUCTION PLANS:
It shall be the responsibility of the subdivider of every proposed subdivision to have
prepared by a registered engineer, a complete set of construction plans, including profiles,
cross section, specifications and other supporting data, for all required public streets,
utilities and other facilities. Such construction plans shall be based on preliminary plans
which have been approved with the preliminary plat, and shall be prepared in conjunction
with the final plat. Construction plans are subject to approval by the responsible public
agencies and all construction plans shall be prepared in accordance with the public
agencies' standards or specifications.
D. DISCUSSION:
. 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(8) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like. Note: Portions of the Rocky Mountain
Business Park are located within the Boise River Floodplain, however, all floodplain
concerns (including all concerns outlined in ECC Title 10) were addressed with
Merrill Subdivision Nos. 1 & 2 (FPUD-2 &3-99 & FP-7 & 8-99);
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.
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. The applicant proposes to resubdivide Parcel "C" of Merrill Subdivision No.2 as shown on
Record of Survey No. 5503. 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.
. The overall site development must comply with the requirements of Eagle City Code and the
conditions of approval for a Design Review application.
. It is staff's opinion that this plat will not significantly affect the previously approved
subdivision plats approved for the Rocky Mountain Business Park development. In this
situation, all the lands within this property are subject to the requirements and conditions of
Rocky Mountain Business Park PUD and Merrill Subdivision Nos. 1 & 2.
. The applicant has indicated there are cross access agreements between this property and the
properties to the east and west. A copy of those agreements shall be provided prior to the City
Clerk signing the final plat.
. The applicant has not provided construction plans for any storm drainage of the parking lot for
review by the City Engineer. These plans should be provided for review and approval by the
City Engineer prior to the City Clerk signing the final plat.
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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
I, 2005, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Aspitarte absent) to recommend approval ofPP/FP-03-05 for a
combined preliminary plat and final plat application for Erland Subdivision NO.1 (formerly parcel
"C" of Merrill Subdivision No.2) shown within their findings offact and conclusions oflaw
document dated August 15,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 20, 2005, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Gueber absent) to approve PP/FP-3-05 for a combined preliminary and
final plat for Erland Subdivision No. I with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer's letter dated July 272005.
2. Comply with all conditions of CU-4-98/ PPUD-I-98/ PP-3-98 (Rocky Mountain Business Park) and
FPUD-2 &3-99 & FP-7 & 8-99 (Merrill Subdivision Nos. 1 & 2).
3. 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
(including perimeter landscaping and parking lots) shall be reviewed and approved by the Design
Review Board prior to the issuance of a Zoning Certificate for the site.
4. Design Review Board review and approval of a master sign plan is required prior to the issuance of a
Zoning Certificate for the site.
5. The applicant shall submit a landscaping plan including landscaping requirements of anticipated
parking areas, to be reviewed and approved by the Design Review Board. 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 prior to the issuance of a building
permit.
6. The pathway along State Highway 44 (abutting the southern boundary of this site) shall be protected
from damage during any construction occurring on the site. Any damage that may occur on the
pathway shall be repaired prior to the issuance of any Certificate of Occupancy.
7. The applicant shall provide a copy of the CC&R's with language stating that the landscaping, parking
lot and other shared site improvements are to be maintained by one business owner's association. The
proposed CC&R's shall be reviewed and approved by the City Attorney prior to the City Clerk signing
the final plat.
8. The applicant shall provide copies of the cross-access agreements or plats indicating cross-access with
the properties to the east and west prior to the City Clerk signing the final plat.
9. The twenty-five foot access easement from East Iron Eagle Drive for this site located on the adjoining
property to the east and lying adjacent to the east property line of this development shall be vacated
prior to the City Clerk signing the final plat.
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10. Future re-subdivision(s) of any portion of this site shall be required to comply with ECC Title 9 "Land
Subdivisions".
11. The applicant shall add a note to the final plat stating that no direct access to State Highway 44 shall
be permitted.
12. The applicant shall delineate the required easements or add a note to the final plat indicating locations
of easements for access, utilities and drainage.
13. The applicant shall provide construction plans for review and approval by the City Engineer for all
improvements (storm drainage and the parking lot) on each lot prior to the issuance of a building
permit.
14. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
15. 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.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the
plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not be
necessary.
4. Idaho 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 I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on the
street side of the home or shall have their sewer drainage system designed with a stub at the house
front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights
appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred
from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like
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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&R's 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 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
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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.
b. 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.
c. 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 (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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit.
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.
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 and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all required
landscaping, common area and subdivision signage prior to the City Engineer signing the final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City 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.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines
shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of
the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
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22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City
Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat.
25. Basements in homes in the flood plain are prohibited.
26. 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.
27. 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.
28. No public board, agency, commission, official or other authority shall proceed with the construction of
or authorize the construction of any of the public improvements required by the Eagle City Code Title
9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5
(A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 22, 2005.
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 July 11, 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 July 15,2005. Requests for agencies' reviews were
transmitted on June 28, 2005, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on August 22,
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 August 24, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat and final plat (PP/FP-3-05) and based upon the information provided concludes that the proposed
combined preliminary plat and final plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested combined preliminary plat and final plat complies with the approved
zoning designation ofMU (Mixed Use); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of
the Eagle City Code since the development is consistent with the Comprehensive Plan
and provides the required improvements for a minor subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area since
the buildings located upon the lot to be divided are proposed to be designed in a
similar fashion to surrounding buildings and are required to comply with the
conditions of a Design Review Board review and approval and the requirements of the
Rocky Mountain Business Park PUD; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with existing central sewer from the Eagle Sewer
District. Fire protection is available from the Eagle Fire District and fire hydrants
have previously been provided throughout the Rocky Mountain Business Park PUD;
and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and since no new dedication of public right-of-way is proposed or
required; and
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f. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, and previously have
been or are expected to be installed with the development of individual lots as
conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of combined preliminary plat and final plat approval as set forth within the
conditions of approval above.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat and, in terms of Eagle City Code Section 9-2-3(B) "I 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 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 ofthe City.
DATED this 27th day of September 2005.
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ATTEST:
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Sharon k. Bergmann, Eagle City Cler
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