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Findings - CC - 2014 - PP/FP-02-14 - Mu Subd #6/3-Lot Commercial Subd/3.92 Acre BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A COMBINED PRELIMINARY PLAT/ ) FINAL PLAT FOR MIXED USE ) SUBDIVISION NO. 6 FOR EAGLE RIVER,LLC/ ) EAGLE RIVER HOTEL,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP/FP-02-14 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: Eagle River, LLC/Eagle River Hotel, LLC, represented by Jason Densmer/Tamara Thompson with The Land Group, Inc., is requesting a combined preliminary plat/final plat approval for Mixed Use Subdivision No. 6 (a re-subdivision of Lots 5 & 6, Block 4 of Mixed Use Subdivision No. 2), a 3-lot commercial subdivision. The 3.92-acre site is located on the southeast corner of South Eagle Road and East Riverside Drive at 47 & 145 E. Riverside Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, May 28, 2014, 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 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 on June 25, 2014. 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 July 28, 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 July 25, 2014. The site was posted in accordance with the Eagle City Code on July 18, 2014. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development agreement(including a concept plan)for this site. On April 24, 2001, the Eagle City Council approved a preliminary plat,Mixed Use Subdivision Page 1 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\Mixed Use Sub No.6 cut doc No. 1 (PP-14-00)for this site. On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision No. 1 (FP-13-01)for this site. On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat, Mixed Use Subdivision No. 2 (PP/FP-1-01)for this site. On July 9, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed Use Subdivision No. 3 (PP/FP-3-02) for this site. On December 17, 2002, the Eagle City Council approved a combined preliminary and final plat,Mixed Use Subdivision No. 4 (PP/FP-4-02)for this site. E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-3-DA(Highway Business District Hotel,Bank, and with development agreement) vacant area Proposed No change No Change 3-lot commercial subdivision North of site Commercial C-3-DA(Highway Business District Bank/office/restaurant with development agreement) South of site Residential Two C-3-DA (Highway Business District Vacant lots within with development agreement) Eagle Island Marketplace East of site Mixed Use MU-DA (Mixed Use with Restaurant/office development agreement) West of site Commercial C-1 (Neighborhood Business Vacant lots within District) Eagle Island Marketplace G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site—3.92-acres Total Number of Lots—3 Commercial—3 Industrial—0 Common—0 Total Number of Units—0 Total Acreage of Any Out-Parcels—0 Page 2 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\Mixed Use Sub No.6 ccf doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre N/A N/A Minimum Lot Size 19,645-square feet 1,300-square feet Minimum Lot Width 129-feet 25-feet Minimum Street Frontage N/A N/A Total Acreage of Common Area(measured as total N/A N/A landscaping of the entire site) Percent of Site as Common Area(measured as total N/A N/A landscaping of the entire site) F. 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 landscaping will be required throughout the site, 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 Eagle 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. G. 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. 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 Page 3 of 13 K:'Planning DeptAEagle Applications\SUBS\2014\Mixed Use Sub No.6 cc[.doc Sidewalks: The site has five-foot (5') wide detached sidewalks that were installed with the construction of the Mixed Use Subdivision No. 2. 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 H. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: See discussion under"Sidewalks"above. Bike Paths: None proposed. PUBLIC USES PROPOSED: None proposed J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists K. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern -No Evidence of Erosion—No Fish Habitat—No Floodplain—Yes, 100-year floodplain Mature Trees—Yes,existing trees to remain along the Boise River Riparian Vegetation—No Steep Slopes—No Stream/Creek—Yes,Boise River adjacent to the southernmost property Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No Historical Sites—No L. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required M. 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 letter dated June 30, 2014, are of special concern(attached to the staff report). Ada County Highway District Central District Health Eagle Sewer District Idaho Transportation Department N. LETTERS FROM THE PUBLIC: None received to date. Page 4 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\Mixed Use Sub No.6 cci.doc 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: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.9 Subdivision. No portion of the Property, including individual Lots, shall be further subdivided except in accordance with applicable law. 3.3 Ingress and Egress Easement. Declarant reserves unto Declaration and also hereby grants to the Association and the Architectural Control Committee, together with the right to grant and transfer the same to its successors and assigns, a non-repair purposes over the Property as may be reasonably necessary for the purpose of permitting the Association and the Architectural Control Committee to exercise its rights as herein created and to discharge its maintenance and other obligations as described in this Master Declaration, including any supplements or amendments hereto. C. 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. D. 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 Page 5 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\Mixed Use Sub No.6 cctldoc 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. 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 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 lots located within Mixed Use Subdivision No. 2 (Lots 5 & 6, Block 4) into three (3) separate lots. With the platting process, no physical change will occur to the site itself. • The common areas and drive aisles located within Mixed Use Subdivision No. 2 are currently shared and maintained by the Eagle River 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 Mixed Use Subdivision No. 2. In this situation, all the lands within this property are subject to the development agreement (Ada County Instrument No. 101113091)associated with the final plat conditions of approval for Mixed Use Subdivision. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided, staff recommends approval with the site specific conditions of approval and standards conditions of approval 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 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 opposition to the application was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). Page 6 of 13 K:APlanning DeptAEagle Applications\SUBS\2014\Mixed Use Sub No.6 ccf.doc COMMISSION DECISION: The Commission voted 3 to 0 (Smith and Villegas absent) to recommend approval of PP/FP-02-14 for a combined preliminary/final plat for Mixed Use Subdivision No. 6 with the site specific conditions of approval and standard conditions of approval provided within the findings of fact and conclusions of law 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 opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve PP/FP-02-14 for a combined preliminary/final plat for Mixed Use Subdivision No. 6 with the following Planning and Zoning Commission recommended site specific and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-02- 98. 2. Comply with all requirements of the City Engineer. 3. Comply with all conditions of PP-14-00 (Eagle River Subdivision). 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 5. 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. 6. Future re-subdivision(s) of any portion of this site shall be required to comply with the recorded Eagle River Development Agreement and ECC Title 9 "Land Subdivisions". 7. 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 Page 7 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\Mixed Use Sub No.6 ccf:doc 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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or 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. 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, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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 Page 8 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\Mixed Use Sub No.6 ccfdoc 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, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association,drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage 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.). 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. Page 9 of 13 K:APlanning DeptAEagle Applications\SUBS\2014\Mixed Use Sub No.6 ccf.doc 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 for a change to the planned use of the subject property. Page 10 of 13 K:\Planning Dept\Eagle Applications\SUBS\201 A\Mixed Use Sub No.6 ccfdoc 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. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:00 PM, May 28, 2014, 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 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 on June 25, 2014. 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 Page 11 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\Mined Use Sub No.6 ccf.doc Code on July 28, 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 July 25, 2014. The site was posted in accordance with the Eagle City Code on July 18,2014. 3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and final plat (PP/FP-02-14) and based upon the information provided concludes that the proposed combined preliminary and final plat application is in accordance with the City of Eagle Title 9 (Subdivisions)because: a. The requested combined preliminary and final plat complies with the approved zoning designation of C-3-DA(Highway Business District with development agreement). b. 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 highway business district use of this area shown within the Comprehensive Plan; c. 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; d. Vehicular approaches to the property are designed so as to not create an interference with traffic on surrounding public thoroughfares since there is currently a public street stubbed to the subject property and will continue through the property, and the project is required to be reviewed and approved by the Idaho Transportation Department and the Ada County Highway District and is subject to the conditions herein; and e. While there is no capital improvement program, the public improvements have been installed; and f. Based upon agency verification and additional written comments of the Eagle Fire District and Eagle Sewer District as conditioned herein, there is adequate public financial capability to support the proposed development; and g. Any health, safety and environmental problems that were brought to the Council's attention have been adequately addressed by the applicant or will be conditions of the combined preliminary and final plat 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-02-14) 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; 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. Page 12 of 13 K:\Planning Dept\Eagle Applications\SUBS\2014\1Nixed Use Sub No.6 ccf.doc DATED this 9th day of September, 2014. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho 1 mes D. Reyn•'ds," ayor ��.`'O4 EAGLE X11. Q°st A TF �'•,w U ATTEST: O .P ? ^• Sharon K. Bergmann,Eagle City " lerk ''•% ,kITA.E O' �.•`�� Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 13 of 13 K:APlanning DeptAEagle Applications\SUBS\2014\Mixed Use Sub No.6 ccf.doc