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.
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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
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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
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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
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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
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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
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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).
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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
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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
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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
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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.
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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
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