Findings - CC - 2009 - PP/FP-02-08 - Arts West Subd No 2/2.78 Acre
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i,
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY PLAT! )
FINAL PLAT FOR ARTSWEST SUBDIVISION )
NO.2 FOR EAGLE ISLAND CROSSING, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPIFP-02-08
The above-entitled Combined PreliminarylFinal Plat application came before the Eagle City Council for
their action on January 27, 2009, at which time public testimony was taken and the public hearing was
closed. 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:
Eagle Island Crossing, LLC, represented by Kammie Oates with Horrocks Engineers, is
requesting combined preliminary plat and final plat approval for Arts West Subdivision
No.2 (a re-subdivision of Lot 6, Block 2 of Arts West Subdivision). The 2.78-acre
subdivision will consist of four (4) commercial lots. The site is located on the north side of
State Highway 44 approximately 1,320 feet east ofN. Park Lane, on Lot 6, Block 2, of
Arts West Subdivision.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, June 19, 2008, on-site in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on November 5, 2008.
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 November 24,2008. 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 November 21, 2008. Requests for agencies' reviews were transmitted on
November 10,2008, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on November 25, 2008.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on January 5, 2009. 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 December 29,
2008. The site was posted in accordance with the Eagle City Code on December 31, 2008.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2007, the City Council approved a comprehensive plan amendment
(CPA-03-03) to change the land use designation on the Comprehensive Plan Land Use
Map from Residential One (up to one dwelling unit per acre) to Mixed Use and a rezone
(RZ-08-03) from A-R (Agricultural-Residential) to MU-DA (Mixed Use with
development agreement) for Lots 1 and 2, Block 1, and Lots 1,2,4, 5, 6, 8, and 9, Block
2, of Flint Estates Subdivision.
On November 13, 2007, the City Council approved a design review (DR-67-07) for the
common area landscaping and music academy building within Eagle Island Crossing
Subdivision (aka Arts West Subdivision).
On December 18, 2007, the City Council approved a final plat (FP-12-07) for Arts West
Subdivision for Eagle Island Crossing, LLC.
On October 28, 2008, the City Council approved a modification to the development
agreement (RZ-08-03 MOD) for Arts West Subdivision for Eagle Island Crossing, LLC.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, MU-DA (Mixed Use with a Mixed use development
Transitional development agreement) including commercial,
Residential, and retail, multi-family
Scenic Corridor residential, and a
overlay private school
Proposed No Change No Change Mixed use development
including commercial
and retail
North of site Transitional A-R (Agricultural-Residential) and S ingle-family
Residential R-3-DA (Residential-up to three residential (Flint
dwelling units per acre with a Estates Subdivision)
development agreement) and the proposed
Symphony Square
Subdivision
South of site Mixed Use, PS (Public/Semi-Public) and RUT State Highway 44 and
Public/Semi-Public, (Residential- Ada County the proposed entrance
and Residential One designation) to Eagle Island State
Park
East of site Residential One and R-I (Residential-up to one unit per The Colony
Transitional acre) and R-3-DA (Residential-up Subdivision and the
Residential to three dwelling units per acre with proposed Symphony
a development agreement) Square Subdivision
West of site Mixed Use MU-DA (Mixed Use with a Bellemeade
development agreement) and A-R Subdivision and
(Agricultural-Residential) proposed Millpark
Village Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site - 2.78 acres
Total Number of Lots - 4
Commercial - 4
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 0.55-acre (23,983 sq. ft.) O.II-acres (5,000 sq. ft.)
Minimum Lot Width I 65.20-feet 50- feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area .77-acres (33,785 sq. ft.) .28-acres (12,196 sq. ft.)
(measured as landscaping within the
proposed subdivision)
Percent of Site as Common Area 27.7% (approximately) 10%
(measured as landscaping within the
proposed subdivision)
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
Pursuant to the development agreement associated with the site (Instrument No.
105007541) the applicant is required to construct a twenty foot (20') wide buffer area
adjacent to the northern property line and a forty foot (40') wide buffer area adjacent to
the eastern property line. The required buffer areas, parking islands, and forty foot (40')
wide landscaped area adjacent to State Highway 44 was constructed during the
construction of the first phase of Arts West Subdivision.
The City of Eagle Pathway Map delineates a bike and pedestrian pathway adjacent to State
Highway 44.
Open Space:
Because this is a commercial subdivision located within the MU (Mixed Use) 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 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.
On-site Septic System (yes or no) - not allowed
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. There are no trees or watercourses located on the subject parcel.
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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 providing access to this subdivision
were previously approved with Arts West Subdivision.
Not all of the proposed lots within this subdivision will have direct lot access to the public
streets. Lots 2-5, Block 2, of Arts West Subdivision 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 (Arts West Subdivision No.2).
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/ A
Sidewalks:
The six foot (6') wide meandering sidewalk adjacent to State Highway 44 abutting this
development was previously constructed with Arts West Subdivision. Each pad site will
also have sidewalks adjacent to the parking area.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been
constructed abutting the interior streets within Arts West Subdivision.
Lighting:
The applicant will be required to submit plans and details of any proposed parking lot
lighting to the City for review and approval by the Design Review Board.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
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 - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
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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:
City Engineer: All comments within the Engineer's letters dated November 25,2008, are
of special concern (see attached).
Ada County Highway District - Requiring the applicant to comply with the approvals for
Symphony Subdivision No. 1 AKA Arts West Subdivision.
Central District Health Department - Proposed uses must be served by central sewage
and central water. Plans will be required to be submitted for any proposed grocery stores
or food and beverage establishments.
Chevron Pipeline Co. - Indicating no conflict with the pipeline.
Eagle Fire Department - Requiring the applicant to comply with street sign installation,
fire hydrant spacing, minimum hydrant fire flows, and fire apparatus road requirements.
Idaho Department of Lands - No significant impact to Idaho Endowment Lands
Idaho Transportation Department - No comment
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:
. The Comprehensive Plan Land Use Map (adopted 11-27-07) designates this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business
District (CBD). Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process, see specific planning
area text for a complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major
corridors and natural features through the city. These areas may require berming,
enhanced landscaping, detached meandering pathways and appropriate signage controls.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this
title the zoning districts have been formulated to realize the general purposes as set
forth in this title. In addition, the specific purpose of each zoning district shall be as
follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly
and unsafe strip commercial development. Uses should complement the uses allowed
within the CBD zoning district. All development requiring a conditional use permit in
the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set
forth in section 8-6-5-1 of this title. In that case a cooperative development, in
conjunction with adjacent parcels (to meet the minimum area requirements), shall be
encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8-2-3 of this
chapter. Residential densities shall not exceed ten (10) dwelling units per gross acre.
When a property is being proposed for rezone to the MU zoning district a
development agreement may be utilized in lieu of the PUD and/or conditional use
process if approved by the city council provided the development agreement includes
conditions of development that are required during the PUD and conditional use
process.
. Eagle City Code, Section 8-2A-7 (J) Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space
is to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10')
wide by six foot (6') high landscaped buffer is required.
· Eagle City Code, Section 8-2A-7 (K) Parking Lot Landscaping:
I. Visual Impact: Landscaping shall be provided to minimize the visual impact of off
street parking:
Parking should be located to the side and rear of buildings and shall be screened so
that it does not dominate the streetscape. Fences, hedges, berms, and landscaping
may be used to screen parking areas (chain link fencing shall not be permitted). In
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the design of large parking areas, arrange bays of parking spaces to be separated by
landscaping. When parking lots occur on sloping terrain, step the parking lots to
follow the terrain rather than allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot
is located adjacent to a public right of way. The landscaped strip shall serve to shield
views of parked cars to passing motorists and pedestrians, and to establish coordination
among architecturally diverse buildings, which creates a pleasing, harmonious
appearance along the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed
3: 1 slope) within a ten foot (10') wide landscaped strip between the right of way
and the parking lot, and plant with a minimum of one shade tree and five (5)
shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade
drop from the right of way to the parking lot, and plant with a minimum of one
shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding
driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way
and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
. Eagle City Code, Section 8-3-3 Supplemental Yard and Height Regulations:
In addition to all yard regulations specified in section 8-2-4 of this title, and in other
sections of this title, the following provisions shall be adhered to:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than
forty feet (40') to any lot line of a residential district; except that the minimum
yard requirements may be reduced to fifty percent (50%) of the requirement if
acceptable landscaping or screening approved by the council is provided. Such
screening shall be a masonry or solid fence between four (4) and eight feet (8') in
height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land
not less than twenty feet (20') in width planted with an evergreen hedge or dense
planting of evergreen shrubs not less than four feet (4') in height at the time of
planting.
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH 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;
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.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERNING
REGARDING THIS PROPOSAL:
2.2 The development shall include a cross access agreement between all lots included within
this rezone application and an on-site frontage road generally as shown on the concept
plan (Exhibit "B") constructed to serve the parcels adjacent to State Highway 44.
2.3 The development shall include a minimum forty-foot (40') wide buffer unless a twenty
foot (20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3-3 D) for
any commercial uses located adjacent to any property with a residential zoning
designation.
2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-lieu
of the PUD (except as conditioned in 2.12 below). Except for the limitations and
allowances expressly set forth above and the other terms of this Agreement, the uses
which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations" shall be considered permitted uses on Lots 5 and 8, Block 2, except that the
following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors) - Note: see item 2.8 below
Commercial entertainment facilities (outdoors) - Note: see item 2.8 below
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
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Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events - Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
2.8 The following uses may be allowed as Permitted uses on Lots 5 and 8, Block 2, provided
however, that each use will only be allowed for events solely related to the music/cultural
arts school located on Lot 6, Block 2:
Commercial entertainment facilities (indoors)
Commercial entertainment facilities (outdoors)
Live entertainment events
2.9 The owner shall submit a Master Design Review site layout and landscape application for
the site, and shall comply with all conditions required by Eagle as a part of the Design
Review prior to issuance of a building permit.
E. DISCUSSION:
. Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and fmal plat and, in terms of Eagle City Code Section 9-2-3(B) "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;
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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 of the City.
· The applicant proposes to re-subdivide the parcel (Lot 6, Block 2, Arts West Subdivision)
which was previously divided from Flint Estates Subdivision; a succession of land divisions
from large to small. 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.
. Within the title block of the final plat date stamped by the City on November 5, 2008, the plat
states "Being a resubdivision of Lot 1 of Arts West Subdivision No.1. The applicant should
provide a revised final plat with the title block to read as follows: "Being a resubdivision of
Lot 6, Block 2, of Arts West Subdivision" prior to the City Clerk signing the final plat.
. 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 staffs opinion that this plat will not significantly affect the previously approved
subdivision plat approved for Arts West Subdivision. In this situation, all the lands within this
property are subject to the development agreement (Instrument No. 105007541) associated
with Symphony Subdivision and the final plat conditions of approval for Arts West
Subdivision (formerly known as Symphony Subdivision).
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
December 15, 2008, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no.
COMMISSIONS DECISION REGARDING THE PRELIMINARYIFINAL PLAT:
The Commission voted 5 to 0 to recommend approval of PPIFP-02-08 for a combined
preliminary/final plat for Artswest Subdivision No.2 for Eagle Island Crossing, LLC, with the site
specific conditions of approval and standard conditions of approval provided within their findings
of fact and conclusions oflaw document, dated January 5.2009.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 27,2009, 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 from no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented by no one one.
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY PLATIFINAL PLAT:
The Council voted 2 to 2 (Huffaker and Shoushtarian against, Mayor Bandy in favor) to approve
PPIFP-02-08 for a combined preliminary/final plat for Artswest Subdivision No.2 for Eagle Island
Crossing, LLC, 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 conditions within the development agreement (Instrument No. 105007541)
associated with rezone application RZ-08-03.
2. Comply with all applicable requirements of the City Engineer.
3. 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.
4. Provide a revised final plat with the title block to read as follows: "Being a resubdivision of Lot 6,
Block 2, of Arts West Subdivision" prior to the City Clerk signing the final plat.
5. 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 any building permits for the
site.
6. Design Review Board review and approval of a master sign plan is required prior to the issuance
of any building permits for the site.
7. The applicant shall install landscaping along State Highway 44 (abutting the southern boundary of
this site) in compliance with the approved landscape plan for Arts West Subdivision (DR-67-07).
A landscape plan showing these details shall be reviewed and approved by the Design Review
Board prior to the issuance of any building permits for the site.
8. 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.
9. 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.
10. 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.
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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. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat. (B.C.C. 9-20-
8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home 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 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
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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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to the City Clerk signing the final plat.
13. 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.
14. 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.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
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 (Le.; 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.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
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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.
17. 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.
18. 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.
19. 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 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.
20. 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.
21. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. 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.
25. 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.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. 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
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for a change to the planned use of the subject property.
29. 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.
30. 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.
31. 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.
32. The City's action 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.
33. 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.
34. 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.
35. 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.
36. 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:
1. A Neighborhood Meeting was held at 6:00 PM, June 19, 2008, on-site in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on November 5, 2008.
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 November 24, 2008. 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 November 21,2008. Requests for agencies'
reviews were transmitted on November 10, 2008, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on November 25,2008.
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Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 5, 2009. 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 December 29, 2008. The site was posted in accordance with the Eagle City Code on December 31,
2008.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat (pPIFP-02-08) 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 of the City.
DATED this 10th day of February, 2009.
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Page 17 oft7
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