Findings - CC - 2014 - PP/FP-01-14 - Eimp Subd #1/2 Commercial Lots/2.57 Acre/6520 Linder Rd(Lazy P Subd) BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY PLAT )
/FINAL PLAT FOR EIMP SUBDIVISION )
NO. 1 FOR EISENBERG COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-01-14
The above-entitled Combined Preliminary Plat/Final Plat application came before the Eagle City Council
for their action on August 26, 2014, 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:
Eisenberg Company, represented by Jason Densmer with The Land Group, Inc., is requesting
combined preliminary plat/final plat approval for EIMP Subdivision No. 1 (a re-subdivision of
Lot 11, Block 1 of Lazy P Subdivision). The subdivision will consist of two (2) commercial
lots. The 2.57-acre site is generally located on the northeast corner of North Linder Road and
Chinden Boulevard at 6520 N. Linder Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, Wednesday, May 28, 2014, at The Land
Group office, located at 462 East Shore Drive, Suite 100, Eagle, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on May 29, 2014.
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 on June 16, 2014. 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 June 13, 2014.
Requests for agencies' reviews were transmitted on May 26, 2014, in accordance with the
requirements of the Eagle City Code. The site was posted in accordance with the Eagle City
Code June 27, 2014.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on July 21, 2014. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on July 22, 2014. The site was posted
in accordance with the Eagle City Code July 21, 2014.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 16, 2008, the City Council approved a comprehensive plan amendment,
annexation, and rezone with development agreement for Eisenberg Company (CPA-05-08, A-
03-08, and RZ-08-08). The Findings of Fact and Conclusions of Law for the comprehensive
plan amendment, annexation, and rezone with development agreement are incorporated herein
by reference.
On July 14, 2009, the City Council approved a design review application (DR-13-09) for the
common area landscaping for Eagle Island Marketplace, including Fred Meyer and eight (8)
multi-tenant retail/restaurant buildings within Lazy P Subdivision (aka Eagle Island
Marketplace).
On July 14, 2009, the City Council approved a design review application (DR-14-09) for the
master sign plan for Eagle Island Marketplace.
On November 10, 2010, the Ada County Board of County Commissioners approved a
comprehensive plan amendment, rezone with development agreement, master site plan and
preliminary plat(CPA-05-08,A-03-08, and RZ-08-08) for Eagle Island Marketplace.
On November 23, 2010, the City Council approved Ordinance No. 652 for an annexation and
rezone with development agreement of the property associated with Eagle Island Marketplace.
Ordinance No. 652 also recognized the vested development rights associated with the
approved Ada County preliminary plat application number 201000571-S.
On February 8, 2011, the City Council approved a final plat for Lazy P Subdivision (FP-01-
11).
On March 27, 2014, the Design Review Board approved a design review application (DR-14-
14)to construct an automotive washing facility for Epic Shine Car Wash for Doug Atwood.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use C-3-DA(Highway Business District Vacant lot within Eagle
with development agreement) Island Marketplace
Proposed No change No Change Proposed two(2) lot
commercial subdivision
North of site Mixed Use C-3-DA (Highway Business District Vacant lot within Eagle
with development agreement) Island Marketplace
South of site Mixed Use C-3-DA (Highway Business District Vacant lots within
with development agreement) Eagle Island
Marketplace
East of site Mixed Use C-3-DA (Highway Business District Vacant lot and
with development agreement) proposed Taco Bell
restaurant within Eagle
Island Marketplace
West of site Mixed Use C-3-DA(Highway Business District Vacant lots within
with development agreement) Eagle Island
Marketplace
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site—2.57-acres
Total Number of Lots—2
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 44,962-square feet 1,300-square feet
Minimum Lot Width 161.6-feet 25-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)
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ADDITIONAL SITE DATA PROPOSED REQUIRED
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 C-3 zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of the site
will be required to be landscaped, pursuant to Eagle City Code Section 8-2A-7 (B)(2).
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, 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.
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 Meridian Fire District.
On-site Septic System (yes or no)—not allowed
Preservation of Existing Natural Features: Staff is not aware of any 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.
J. STREET DESIGN:
Private or Public Streets:
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. None of the proposed streets within this
subdivision will have direct access to a public street. The existing subdivision contains
drive aisles which provide access throughout the subdivision.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500':None
Cul-de-sac Design:N/A
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Sidewalks:
The site has five-foot (5') wide detached sidewalks that were installed with the
construction of the Lazy P Subdivision.
Curbs and Gutters:
Curbs and gutters have been constructed abutting the interior drive aisles.
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 PEDESTRIAN/BICYCLE 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 — Located adjacent to the drive aisles and within the parking area planter
islands
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
Historical Sites—No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Sewer District
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Idaho Transportation Department
Meridian 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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. 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. An allowable
density of up to 20 units per 1 acre.
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:
C-3 HIGHWAY BUSINESS DISTRICT: To permit the establishment of areas for
travel related services such as hotels, motels, service stations, drive-in restaurants,
offices, limited warehousing, commercial services and retail sales. This district is
specifically designed in clusters to service the motoring public on major streets. Uses
that compete with the uses allowed within the CBD zoning district shall be
discouraged.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• ECC Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2.No new street dedication or street widening is involved;
3.No major special development considerations are involved such as development
in a floodplain,hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
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5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
D. DISCUSSION:
• Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(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 overall site development must comply with the requirements of Eagle City Code and the
conditions of approval for a Design Review application.
• The applicant proposes to re-subdivide a lot located within Lazy P Subdivision (aka Eagle
Island Market Place) (Lot 11, Block 1) into two (2) separate lots. The applicant is requesting
the re-subdivision to allow for the construction of a building (Epic Shine Car Wash) on one
(1) lot and sell the remaining lot. As part of the Site Specific Conditions of Approval the
design review approval associated with the Epic Shine Car Wash required the applicant to split
a 1.04-acre lot from the existing lot prior to the issuance of a building permit for the site. With
the platting process, no physical change will occur to the site itself, only that buildings will be
available for individual ownership rather than as lease option in which all the buildings are
owned by a single entity.
• The common areas and drive aisles located within Eagle Island Market Place are currently
shared and maintained by the Eagle Island Market Place 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.
• It is staff's opinion that this plat will not significantly affect the previously approved
subdivision plat approved for Lazy P Subdivision. In this situation, all the lands within this
property are subject to the development agreement (Ada County Instrument No. 109105071)
associated with Eisenberg Company and the final plat conditions of approval for Lazy P
Subdivision.
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 provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 7,
2014, 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.
COMMISSION DELIBERATION:
• The original subdivision (Lazy P Subdivision) is well designed and the proposed subdivision fits
in well with the existing subdivision.
• The request by the applicant to strike Site Specific Condition of Approval#5 will be allowed since
the executed development agreement associated with the site addresses that condition.
• The proposed subdivision is in conformance with the Site Specific Condition of Approval
associated with the car wash facility proposed to be located on a portion of the site.
• The request by the applicant to strike several of the Standard Conditions of Approval will not be
granted based on if the conditions do not apply staff will recognize them as being not applicable to
the application.
COMMISSIONS DECISION:
The Commission voted 3 to 0 (Smith and Villegas absent)to recommend approval of PP/FP-01-14
for a combined preliminary plat/final plat for EIMP Subdivision No. 1 with the site specific
conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated July 21, 2014.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 26, 2014, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP/FP-01-14 for a combined preliminary plat/final plat for EIMP
Subdivision No. 1 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. 109105071)
associated with rezone application RZ-08-08.
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])
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4. 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.
5. 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.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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.
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.
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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
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.).
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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.
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.
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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.
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.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:30 PM, Wednesday, May 28, 2014, at The Land Group office,
located at 462 East Shore Drive, Suite 100, Eagle, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of Eagle on
May 29, 2014.
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 on June 16, 2014. 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 June 13, 2014. Requests for agencies' reviews were
transmitted on May 26, 2014, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code June 27, 2014.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 21, 2014.
Notice of this public hearing was mailed to property owners within three-hundred feet(300-feet)of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on July 22, 2014. The site was posted in accordance with the Eagle City Code July 21,
2014.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat/final plat (PP/FP-01-14) 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 use is in
accordance with the Mixed Use 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 Eagle Sewer District 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's
attention have been adequately addressed by the applicant or will be conditions of approval as
set forth within the conditions of approval herein.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat (PP/FP-01-14) 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.
DATED this 9h day of September 2014.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon K. Bergmann, Eagle City lerk ••••••••••••p••••••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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