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Findings - CC - 2006 - PP/FP-03-06 - Merrill Subdivision #6/2-Lot Comm Subd/0.45 Acre/Formerly Rocky Mt Business Park No 3 BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A COMBINED PRELIMINARY PLAT AND ) FINAL PLAT FOR MERRILL SUBDIVISION ) NO.6 FOR DA VE EVANS CONSTRITTlON ) FINDINGS OF FACT AND CO~CLUSIONS OF LAW CASE NUMBER PP/FP-03-06 The above-entitled combined prelirninary plat and final plat application came before the Eagle City Council for their consideration on October 14. 1006. at which lll11e public tcslll11uny was takcn and thc public hearing was closed. The Eagle Cny CouncIl, havtl1g heard and taken oral and wntten testtl110ny and having duly conSidered the matter makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Dave Evans Construction, represented by Travis Burrows, is requesting a combined preliminary plat and final plat approval for Merrill Subdivision #6, a 2-lot commercial subdivision. The OA5-acre development is located on the south Side of East Iron Eagle Drive approximately 270-feet east of South Fitness Place within Merrill Subdivision No.5 (Lot 8, Block I), formerly known as Rocky Mountain Business Park No.3. B. APPLICATION SUBMITTAL: A Neighborhood Meetmg was held in compliance with the application submittal requirement of Eagle City Code at 6:00 PM, September 8, 2006 at the site. The combined preliminary plat and final plat applications for this item were received by the City of Eagle on June 20,2006. C. NOTICE OF PUBLIC HEARING: Notice of Public Heanng 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 August 18. 1006. Notice of this public hearing was rnatled to property owners wlthtl1 three-hundred teet (300-teel) of the subject properly in accordance with the rcqulrements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 22, 200(J. The site was posted m accordance With the Eagle City Code on Septernber 7, 2006. Requests for agencies' reviews were transrnitted on June 28, 2006, 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 October 2, 2006 in the Valley Times. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 5, 2006. The site was posted in accordance with the Eagle City Code on October 3, 2006. 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 consists of 26 lots on approximately 40-acres. Page 1 of 13 K.IPlanning DeptlEJgle Applications\SUBS\2006IMerrill Sub #6 ccf.doc On May 13, 1999, the Eagle CIty Council approved a final developrnent plan and final plat Merrill Subdivision Nos. I and 2. On December 10, 2002, the Eagle City Council approved a combined preliminary and final plat for Memll Subdivision NO.3. On October 28, 2003, the Eagle City Council approved a cornbined prelirninary and final plat for Merrill Subdivision No.4. On September 20, 2005. the Eagle City Council approved a combined preliminary and final plat for Merrill Subdivision NO.5. On February 14, 2006, the Eagle City Council approved a design review application to construct a medical/dental office building for Dave Evans Construction (DR-I04-05). On April 11, 2006, the Eagle City Council approved a design review application to construct a multi-tenant office building for Dave Evans Construction (DR- I 6-06). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLA'I ZONI:-.IG LA:'IID llSE DESIGNA nON DESIGNA nON Existing Mixed Use MU (Mixed Use) Vacant Proposed No Change No Change Commercial Subdivision for Two Cornmercial / Professional OtTiee Buildings North of site Mixed Use MU (Mixed Use) Commercial Buildings South of site Mixed Use MU-DA (Mixed Use with a State Highway 44 & Developrnent agreernent) Eagle River Development East of site Mixed Use MU (Mixed Use) Commercial Buildings West of site Mixed Use MU (MIxed Use) Commercial Buildings G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA. TDA .CEDA or DSDA. H. SITE DATA: Total Acreage of Site - 0.45-acres Total Number of Lots - 2 Commercial - 2 Industrial - 0 Common - 0 Total Number of Units - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 13 K:IPlanning DeptlEagle ApplicationslSUBSl2006'Merril1 Sub #6 ccfdoc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre N/A N/A Minimum Lot Size 0.25-acres (10,005 sq. ft.) 0.I6-acres (7,000 sq. ft.) Minimum Lot Width 7 I-feet (approx.) 50- feet Minimum Street Frontage N/A N/A Total Acreage of Common Area .29-acres (I 3,007 sq. ft.) .045-acres (1,960 sq. ft.) (measured as total landscaping of the entire site) Percent of Site as Common Are~ 660;\, (approximately) 10'1., (mint mum) (measured as total landscaping of the entire site) I. GENERAL SITE DESIGN FEATURES: Greenbelt /Pathway Areas and Landscape Screening: A greenbelt/pathway has previously been constructed along State Highway 44 abutting the southern boundary of the entire Rocky Mountain Business Park development. The 35-foot wide greenbelt easement contains an existing I O-foot wide asphalt pathway. Open Space: Because this is a commercial subdivision located within the Mixed Use zoning district, a minimum amount of open space is not required. However, a rninimurn 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: Two buildings have been approved by the Design Review Board on the existing lot. Storm drainage and parkmg lot construction plans were submitted with these applicatIOns and have been revtewed and approved by the City Engineer. Utility and Drainage Easements, ~nd Underground lI11l1ties: Eagle Ctty Code Section 9-3-6 requires utllity easements to be not less than 12-feet Wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System (no): Not allowed, there is an existing sewer line within the internal street of the development. Preservation of Existing Natural Features: Existing trees (within the parking lot landscape strips and along State Highway 44) surrounding the site 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 public and internal streets within this Page3ofl3 K \Planning Ikpt\LJgk Apphcatioll~SlH1S'2(){HJ'Mt,;ITlil Sub 1-f-6 Ll:Ldoc development were previously approved with Merrill SubdiVislOn Nos. I and 2 (Rocky Mountain Business Park). The proposed lots within this subdivision should have direct lot access for vehicle and pedestrians to the adjacent public streets. The applicant should place a note on the final plat which provides for cross access between the lots to the public streets for pedestrian and vehicular traffic. Applicant's Justification for Private Streets (if proposed): None Blocks Less Than 500': None Cul-de-sac Design: N/A Sidewalks: The existing five foot (5') wide sidewalk adjacent to the parking lot abutting this subdivision was previously approved with MeniIl Subdivision Nos. I and 2. Curbs and Gutters: Curbs and gutters whieh meet Ada County Highway District standards have been constructed abutting the public nght of way, the ll1terior streets, and parkll1g lots. Lighting: Parkll1g lot lighting has been revtewed and approved by the DeSign ReView Hoard with the two building applications tor the parcel. Street Names: The Ada County Street Name Cornmittee has reviewed and approved the subdivision existing street names. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: See discussion under "Sidewalks" above. Bike Paths: None proposed. See discussion under "Greenbelt/Pathway Areas and Landscape Screening" above. L. PUBLIC USES PROPOSED: None M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - No Evidence of Erosion - No Fish Habitat - No Floodplain - Yes, Boise River 500-year floodplain, which is non-regulatory Mature Trees - Yes, withm parkmg lot landscape strips and adjacent to SH 44 RIparian Vegetation - No Steep Slopes - No Stream/Creek - No Unique AnirnaI Life - No Unique Plant Life - No Unstable Soils - No Wildlife Habitat - No Historical SItes - No Page 4 of 13 KIPlanning DeptlEagle ApplicalionslSUBS\2006\Merrill Sub #6 ccf.doc 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: City Engineer: All comments within the Engineer's letters dated July 14, 2006, are of special concern (incorporated herein by reference and is attached to the staff report). Ada County Highway District Ada County Street Name Committee Central District Health Chevron Pipeline Department of Environmental Quality Eagle Fire Department Q. LETTERS FROM THE PUBLIC: None received as of this date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 5 ~ Economic Development 5.5 Implementation Strategies f. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural identity. g. Encourage cornmercial growth adjacent to the Central Busmess 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 lI1dustry so restdents will be provided wtth adequate commercial services and facilities. 1. Excessively large smgle entlty businesses that would Jeopardize the competitive business environment should be discouraged. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None . Eagle City Code Section 8-2A-6 (A)(I) 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 Page5of13 K\Planning J).;pt\E~lglc Applir<ltiolls,Sl rBS\2(j(J()\Mcrnll Sub p() (cfdnt:' bays and vehicle service facilities: f. The access, parking lot, and interior roadway illumination plans and hours of operation; l. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 9-2-3 (B)(I -5) Cornbining Prelirninary 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 developrnent or the like; 4. All required information for both preliminary and final plat IS complete and In an acceptable form; and 5. The proposed subdivIsIOn IS not in conflict with the ComprehensIve Plan or any provision of the Zoning Title of the Cny. . Eagle City Code SectIOn 9-4-1-9(A) Construction; Extension: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. All new public water supply or sewer systems shall be an extension of an existing public system whenever possible. In the event that the proposed public water supply or sewer system is not an extension of an existing public system, there shall be a showing by the subdivider that the extension is not feasible and not in the best interest of the public. D. DISCUSSION: . Staff has reviewed the particular facts and circurnstances of this proposed combined preliminary and final plat and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (rninimum 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 (l0) 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 oj'Merrill Suhdivision No. 6 are located withi/l the Boise River 500-vear floodplai/l, which is /lO/l- regulatury. 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. . This applicant proposes to subdivide this parcel (Lot 8, Block 1, Merrill SubdiVIsion No.5) into two (2) commercial lots which has previously been divided from a larger parcel; a succession ofIand divisions from large to small. Physically, no change will occur to the site itself, only that future mdividuaI buildings will be able to be owned separately rather than an Page 6 of 13 K:\Planning DeptlEagle ApplicationslSUBS\2006\Merrill Sub #6 ccf.doc entire lot (and buildings) owned by a single entity. . The overall site development must comply with the requirements of Eagle City Code. Two individual buildings have previously been reviewed and approved by the Design Review Board on the existing parcel. These buildings or any other irnprovements should be subject to the conditions of approval for a Design Review application. . It is staffs opinion that this combined preliminary and final plat will not significantly affect the previously approved subdivision plats approved for the Rocky Mountain Business Park development. In this situation, all the lands wlthin this property are subject to the requirements and conditions of Rocky Mountain Business Park PUD and Merrill Subdivision Nos. I and 2. STAFF RECOlVIMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval WIth the site specitic 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 September 18, 2006, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testirnony in opposition to this proposal was presented to the Planning and Zoning Cornmission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). COMMISSION DECISION: The Commission voted 3 to 0 (Lien and Jacobs absent) to recornrnend approval ofPP/FP-03-06 for a combined preliminary plat and final plat for Merrill Subdivision No.6 with the following site specific conditions of approval and standard conditions of approval proVided within their findings of fact and conclusions of law dOGument dated October 2, 2006. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the Council on October 24, 2006, at which time testimony \Vas taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of this proposal \Vas presented to the City Council from 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 City Council voted 3 to 0 (Bastian absent) to approve PP/FP-03-06 for a combined prelirninary plat and final plat tor Merrill Subdivision No. 6 with the following Planning and Zoning Commission recommended site specific and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: I. Cornply with all requirements of the City Engineer's letter dated July 14,2006. 2. Cornply 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 and 2). Page 7 of 13 K IPlanning DeptlE.tgle Applil'ations\SLBS\20U6\VlCITill Sub #6 ccf.doc 3. Any irnprovement to the site is subject to the review and approval of a Design Review Board application. Design Review Board review and approval of perimeter landscaping, individual buildings and associated landscapmg, parking lot, and a master sil:,'n plan are required prior to the issuance of any building permits for the site. 4. The applicant shall install landscaping along State Highway 44 (abutting the southern boundary of this site) in compliance with the approved landscape plan for Rocky Mountain Business Park (DR-24-99 & DR-24-99 MOD). A landscape plan showing these details shall be shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. 5. The pathway along State Highway 44 (abutting the southern boundary of this subdivision) 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. 6. 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 CC&R's shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. 7. Future re-subdivision(s) of any portion of this site shall be required to comply with ECC Title 9 "Land SubdiVisions". 8. Place a note on the final plat to read as follows, "Alllots shall provide reciprocal cross-access for vehicular and pedestrian ingress and egress to the public right-of-ways and to the utility easements as delineated on this plat (or withm a recorded cross access easement, with reference to the instrument number noted on the plat), in accordance with the agreement included in the subdivision covenants and restrictions for Merrill Subdivision No.6." 9. Place a note on the final plat to state that all common lot lines shall have a six-foot (6') wide utility easement. 10. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this project, prior to the City Clerk signing this final plat. 1 I. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Docurnentation 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: I. 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 he placed on the plat prior to the City Engineer sign1l1g the tinal plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall 1I1clude, but not be hmited to, extending all utilities to the platted property. The developer may submIt a letter 111 lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare 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 comrnercial well shall be obtained from Page 8 of 13 KIPlanning Dept\Eogle Applications\SUBS\2006\\1en-ill Sub #6 ccfdoc 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 horne or shall have their sewer drainage system designed with a stub at the housc front to allow for future connection to a public sewer system. 8. Per Idaho Code. Section 3 I -3805. concernll1g Imgal10n rights. transfer and disclosure. [he water rights appurtenant to the lands m 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 enttty. 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, rcquiring that lots be so graded that all runotT runs either over the curb. or to the drainage easement, and that no runoff shall cross any lot Iltle onto another lot except wtthll1 a dralt1age easement. I I. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an orgamzed 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 otherwtse changing the existing irrigation or waste ditch (l) 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 mstalling and maintaining street light fixtures, conduit and wiring Page 9 of 13 KIPlannlJ1g Dcpllbgle ApplICatiOllS\SLJ8S\21106\V1mill Sub #6 ccf.doc lying outside any dedicated public nght-of-way, pnor to the Ctty cngtneer 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 subrnitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minirnum requirernents, 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. Minirnum 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 tor non-residential uses (i.e.; Commercijl, Indllstnal, Schools, etc.). FIO\\ ratcs ,hall tnspecled In accordance With all agencies havtng JlInsdlcllon. and shall be Iwtlicd In wntlllg 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. IS. Covenants, homeowner's association by-laws or other sirnilar deed restrictlOns, 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 sirnilar 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 applicatlOn tor DeSign ReView. and shall obtall1 approval fllr all required landscaptng, common area and subdivision slgnage pnor to the City cngtneer slgntng the final plat. IS. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee tor 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 Page 10 of 13 KIPlanning DeptlEagle ApplicatlonslSUBS\2006\MelTill Sub #6 ccf.doc 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: "Minirnum 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". 2 I. The applicant shall cornpIy with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration ofthe final plat. 23. The applicant shall obtain written approval of the devclopment relative to the effects of the Boise River Flood Plain (if applicable) II'om the Corps. of Engll1eers pnor 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. Basernents 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. 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 fi'om the City of Eagle. 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 Codc Title 9 "Land Subdivisions" until the final plat has received the apprmal 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 tirne extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: OViTIers 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. Page I I of 13 K\Plunnlllg Dept\l::Jgle ApplH.:atiolls\SLJBS\2UU6\Ml,;ITill Sub tI() (,;(fdoc 32. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 33. 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 subrnitted prior to the issuance of any building permIts for the site. 34. 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. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3- feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: I. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 6:00 PM, Septernber 8, 2006 at the site. The combined preliminary plat and final plat applications for this item were received by the City of Eagle on June 20, 2006. 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 August 28. 2006. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property m accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 22, 2006. The site was posted m accordance with the Eagle City Code on September 7,2006. Requests for agencies' tTviews were transmitted on June 28, 2006, in accordance with the requirements of the Eagle City Code. Notice of Pubhc Hearing on the application for the Eagle City Counct! was published in accordance for reqUirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on October 2,2006 in the Valley Times. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 5, 2006. The site was posted in accordance with the Eagle City Code on October 3,2006. 3. The Council reviewed the pa11icular facts and circumstances of this proposed combined prelirninary plat and final plat (PP/FP-03-06) and based upon the inforn1ation 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). b. Will be harmomous with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development meets the requirements of a combined preltmmary and final plat and is reqUired to provide the required improvements for a subdlvlston and, is consistent with the Comprehensive Plan; and c. W1I1 be designed, constructed, operated and maintained to be harmonious and appropriate m 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 surroundmg buildings and are required to comply with the conditions ofa Design Review Board review and approval; and Page ]2 of 13 K:IPlanning DeptlEagle ApplicationslSUBS12006IMerrill Sub #6 ccfdoc d. Will not create excessive additional requirernents at public cost for facilities and services as the site will be served with existing central sewer frorn the Eagle Sewer District and will use public water from the existing Eagle Water Company service. Fire protection is available from the Eagle Fire District and fire hydrants have previously been provided throughout the Rocky Mountain Business Park development; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by 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; f. This development is m continuity with the capital tmprovement program since the required public improvements are required as conditioned herein. and previously have been or arc expected to be installed with the development of mdivtdual lots as conditions of approval; and g. That based upon agency verification and additional written comments of the Eagle Fire Departrnent 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 prelirninary plat and final plat approval as set forth wlthm 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: I. Does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No rnajor special development considerations are involved such as development in a floodplain, hillSide development or the like. Note: Portions of Merrill Subdivision No.6 are located within the Boise River 500-v<!arfloodplain, which is non-regulatorv 4. All required information for both preJirnmary and final plat is complete and in an acceptable form: and 5. The proposed subdivision is not in contllct With the Comprehensive Plan or any provlston of the Zoning Title of the City. DATED this 14th day of November, 2000. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho &"........,.., ~ EAGl. "" .. _. 0 ..........~ '. !lli-.' . ~ ! f:-... ~O\\A7'~.\...-0:, .. ". ~ ... - .. 'W: 0 .: . ",. . : . CJ.-. -:: .. · - 1>~. i : ... \ SG .... y~. 0 'S? . pr" Q.-....... II! .../ '\~. """'./ ~ .Z"C'o.po"t'-...^~ ~ iI'~ ..r ........ "v... #"".7'", TE 0 ~ ....... .,.".......,,' Page 13 of 13 K \Plalll1i]~g Ikpt\Elglc Applil'iltions\SUBS\2()()6\\1l:ITill Sub #() ccf.Jm: