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
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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
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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
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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.
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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
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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.
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).
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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
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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
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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.
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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.
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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
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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