Findings - PZ - 2011 - PP/FP-02-11 - Deltoid Subdivision/.74 Acre/2-Commercial Lots/3357 W. Barvaria Street BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY )
PLAT/FINAL PLAT FOR DELTOID )
SUBDIVISION FOR DAVE EVANS )
CONSTRUCTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-02-11
The above-entitled Combined Preliminary Plat/Final Plat application came before the Eagle Planning and
Zoning Commission for their recommendation on June 6, 2011, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Dave Evans Construction, represented by Tim Mokwa with Parametrix, is requesting
combined preliminary plat and final plat approvals for Deltoid Subdivision (a re-
subdivision of Lot 6, Block 1, of Castlebury Business Park No. 2). The 0.74-acre
subdivision will consist of two (2) commercial lots. The site is generally located south of
West Bavaria Street approximately 460-feet west of the intersection of West Bavaria
Street and North Meridian Road at 3357 West Bavaria Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Tuesday, March 29, 2011, 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 April 1, 2011.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code May 16, 2011. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 12, 2011. Requests for agencies' reviews were transmitted on April 12,
2011, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on May 20, 2011.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 13, 2007,the Eagle City Council approved an annexation, rezone and
preliminary plat for Castlebury West Business Park(A-19-06, RZ-25-06, and PP-19-06).
On July 24, 2007,the Eagle City Council approved a Design Review application for the
common area landscaping for Castlebury West Business Park(DR-29-07).
On August 28, 2007, the Eagle City Council approved a final plat for Castlebury West
Business Park No. 1 (FP-08-07).
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On March 11, 2008, the Eagle City Council approved a final plat for Castlebury West
Business Park No. 2 (FP-01-08).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Professional Office MU-DA (Mixed Use with a Commercial
development agreement) subdivision(Lot 6,
Block 1, Castlebury
West Business Park
No. 2)
Proposed Professional Office No change Commercial
subdivision(Deltoid
Subdivision)
North of site Professional Office MU-DA (Mixed Use with a Commercial
development agreement) subdivision(Lot 10,
Block 1, Castlebury
West Business Park
No. 2)
South of site Professional Office MU-DA (Mixed Use with a Commercial
development agreement) subdivision(Lot 7,
Block 1, Castlebury
West Business Park
No. 2)
East of site Professional Office MU-DA (Mixed Use with Commercial
development agreement) subdivision (Lots 1 and
5, Block 1, Castlebury
West Business Park
No. 1)
West of site Professional Office MU-DA(Mixed Use with Commercial
development agreement) subdivision(Castlebury
West Business Park
No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site—.74-acres
Total Number of Lots—2
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Commercial—2
Industrial—0
Common—0
Total Number of Units—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 0.33-acre (14,333 sq. ft.) 0.11-acres (5,000 sq. ft.)
Minimum Lot Width 160-feet 50-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area N/A N/A
(measured as total landscaping of
the entire site)
Percent of Site as Common Area N/A N/A
(measured as total landscaping of
the entire site)
GENERAL SITE DESIGN FEATURES:
Open Space:
Because this is a commercial subdivision located within the MU zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping will be required throughout the site, pursuant to Eagle City Code Section 8-
2A-7 (B)(2).
Storm Drainage and Flood Control:
The storm drainage was reviewed and approved by the City Engineer prior to the
construction of the parking lot area completed with the construction of Castlebury West
Business Park No. 2. Lots are required to be graded so that all runoff runs either over the
curb, or to the 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: Staff is not aware of any existing natural features.
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.
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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. West Bavaria Street which provides access to
the proposed subdivision was previously approved with Castlebury West Business Park
No. 1.
None of the proposed lots within this subdivision will have direct lot access to a public
street. Lot 1, Block 1, Castlebury West Business Park No. 1 and Lot 10, Block 1,
Castlebury West Business Park No. 2 provides for cross access between the lots to the
public street for pedestrian and vehicular traffic and is to be noted as such on the final plat.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500':None
Cul-de-sac Design: N/A
Sidewalks:
Castlebury West Business Park contains a five foot (5') wide sidewalk located adjacent to
West Bavaria Street. There are also 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.
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 PEDESTRIANBICYCLE 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—Yes—Trees planted on existing berm located adjacent to Chinden Boulevard (SH-
20/26).
Riparian Vegetation—No
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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 May 17, 2011, are of
special concern.
Ada County Highway District — Indicated that there are no site specific conditions of
approval for this application at this time due to the fact the subdivision has no public
street frontage.
Central District Health Department — Indicated that written approval must be provided
from the service providers of central sewer and central water
Chevron Pipe Line—Indicated no conflict with the pipe line
United Water Idaho — Indicated that the property is currently served from 8" and 12"
water mains that are located on the south side of W. Bavaria Street
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 08-25-09)designates this site as:
Professional Office
Suitable for professional office uses. Retail may be permitted as an ancillary use within the
office project. Smaller medical uses such as dentist offices and other outpatient clinics are
encouraged.
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:
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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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code 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 CONCERN
REGARDING THIS PROPOSAL:
2.3 The conditions, covenants and restrictions for the Property shall contain at least the
following:
a) Provide that the association(s) shall have the duty to maintain and operate all of the
common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
c) A requirement for all fencing within the development to be open-style such as
wrought iron, extruded aluminum(like wrought iron), or three-rail-type wooded
decorative fencing. All other fencing(i.e.: cedar fencing,vinyl, chain link) shall be
prohibited.
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d) Parking shall only be allowed in the designated parking areas.
e) A maintenance manual for the drive aisles requiring that association(s)shall have the
duty to maintain and operate all of the drive aisles providing access to the individual
lots including the repair and replacement of asphalt and sidewalks.
2.5 Landscape screening in accordance with ECC Section 8-2A-7(L)(1)(a) shall be installed
on Lots 3, 5, 6 and 7,Block 1,within the twenty five foot(25')rear yard setback prior to
the issuance of a certificate of occupancy for any building within the subdivision.
2.3 The applicant shall place a note on the final plat that all common areas are to be owned
and maintained by the Owners Association(s) for the development. The applicant shall
provide a copy of the CC&R's(which include a similar statement regarding the common
areas) for the review and approval by the City attorney prior to the approval of the first
final plat. The CC&R's shall provide that the association(s) shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent
and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees, in accordance with Eagle City Code, in perpetuity.
E. DISCUSSION:
• Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(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;
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 a lot located within Castlebury West Business Park No.
2 (Lot 6, Block 1) into two (2) separate lots. The applicant is requesting the re-subdivision to
allow him to construct a building on one (1) lot and sell the remaining lot. With the platting
process, no physical change will occur to the site itself, only that the buildings will be
available for individual ownership rather than as a lease option in which all the buildings are
owned by a single entity.
• The common areas and drive aisles located within Castlebury Business Park are currently
shared and maintained by the Castlebury West Business Owners Association. The applicant
should be required to 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 should be reviewed and approved by the City
Attorney and staff prior to the City Clerk signing the final plat.
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• The City Engineer signature block shown on the final plat date stamped by the City on April 1,
2011, is incorrect. The applicant should provide a revised final plat with the language to be
used for the City Engineer signature block as follows:
Certificate of City Engineer
I, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF EAGLE, ADA
COUNTY,IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS FINAL
PLAT AND THAT THE EAGLE CITY REQUIREMENTS REGARDING FINAL PLATS
HAVE BEEN MET.
EAGLE CITY ENGINEER
The revised final plat should be provided prior to the City Engineer and City Clerk signing the
final plat.
• Condition of Development No. 2.5 of the Development Agreement (Instrument #107098685)
associated with Castlebury West Business Park required that landscape screening in
accordance with Eagle City Code Section 8-2A-7(L)(1)(a) be installed on Lots 3,5,6 and 7,
Block 1, within the 25-foot rear yard setback prior to the issuance of a certificate of occupancy
for any building within the subdivision. During construction of Castlebury West Business
Park, a landscaped berm was constructed adjacent to Chinden Boulevard (SH-20/26) abutting
the southern boundary of the site within the 25-foot rear yard setback. The landscaped berm
along Chinden Boulevard (SH-20/26) abutting the southern boundary of this site should be
protected from damage during any construction occurring on the site. Any damage that may
occur on the landscaped berm should be repaired prior to the issuance of any certificate of
occupancy.
• It is staffs opinion that this plat will not significantly affect the previously approved
subdivision plat approved for Castlebury West Business Park. In this situation, all the lands
within this property are subject to the development agreement (Instrument No. 107098685)
associated with Castlebury West Business Park and the final plat conditions of approval for
Castlebury West Business Park No 2.
STAFF RECOMMENDED FINDINGS:
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;
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.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Combined
Preliminary Plat/Final Plat with conditions as 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 June 6,
2011, 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 the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSIONS DECISION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of PP/FP-02-11 for a
combined preliminary plat/final plat for Deltoid Subdivision with the following staff
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. 107098685)
associated with rezone application RZ-25-06.
2. Comply with all 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. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall provide a revised final plat with the language to be used for the City Engineer
signature block as follows:
Certificate of City Engineer
I, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF EAGLE, ADA
COUNTY,IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS FINAL
PLAT AND THAT THE EAGLE CITY REQUIREMENTS REGARDING FINAL PLATS
HAVE BEEN MET.
EAGLE CITY ENGINEER
The revised final plat shall be provided prior to the City Engineer and City Clerk signing the final
plat.
5. The landscaped berm along Chinden Boulevard (SH-20/26) 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 landscaped berm shall be repaired prior to the issuance of any Certificate of
Occupancy.
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6. The applicant shall provide a copy of the CC&R's with language stating that the landscaping,
parking lot and other shared site improvements are to be maintained by one business owner's
association. The CC&R's shall be reviewed and approved by the City Attorney and staff prior to
the City Clerk signing the final plat.
7. 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.
8. Design Review Board review and approval of a master sign plan is required prior to the issuance
of any building permits for the site.
9. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that"Digline"has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. 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.
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.
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See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and(3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. 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
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officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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.
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.
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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
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 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.
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.
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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, Tuesday, March 29, 2011, 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 April 1, 2011.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code May 16, 2011. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on May 12, 2011. Requests for agencies' reviews were
transmitted on April 12, 2011, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on May 20, 2011.
3. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary plat/final plat (PP/FP-02-11) and based upon the information provided concludes that the
proposed combined preliminary plat/final plat application is in accordance with the City of Eagle Title
9 (Subdivisions)because:
a. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed residential use is
in accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Ada County
Highway District and United Water Company as conditioned herein, there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
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DATED this 20th day of June, 2011.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
\, f
■ Oh a I 1
Derek Smith, Chairman C 1T Y o
•• cURt o,. •. •:
Z4 .ATTEST: - • r
Sharon . Bergmann, Eagle City C erk V0, ',••k�".'•,•• ••
,,••.�f.�I)AH0
F
e••••sess r ' ^
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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