Findings - PZ - 2016 - PP/FP-01-16 - Yes Subd No 2/5-Lot/Resub Of Lot 2 Blk 1 Yes Subd/7.24 Acre/2920 E. State StreetBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A COMBINED PRELIMINARY PLAT/
FINAL PLAT FOR YES SUBDIVISION NO.2
FOR WHITE- LEASURE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP -01 -16
The above - entitled Combined Preliminary Plat/Final Plat application came before the Eagle Planning and
Zoning Commission for their recommendation on March 21, 2016, at which time public testimony was
taken and the public hearing was closed. The Commission having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
White - Leasure, represented by Jeff Huber, is requesting combined preliminary plat/final plat
approval for Yes Subdivision No. 2, a 5 -lot commercial subdivision (re- subdivision of Lot 2,
Block 1, YES Subdivision). The 7.24 -acre site is located within Yes Subdivision (Lot 2, Block 1)
on the northeast corner of East State Street and State Highway 55 at 2920 East State Street.
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 January 28, 2016.
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 March 3, 2016. 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 February 29, 2016. Requests for agencies'
reviews were transmitted February 4, 2016, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on March 11, 2016,
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne and
Country Centre (PP- 18 -00).
On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional
use approval for Eagle Towne & Country Shopping Center and a height exception (CU- 18 -00).
On April 24, 2001, the Eagle City Council approved the common area Iandscaping within Eagle
Towne and Country Centre (DR- 06 -01).
On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle
Towne and Country) (FP- 01 -02).
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On December 10, 2015, the Design Review Board approved a design review application for a
retail building for Petco (to be located on the proposed Lot 15, Block 1, YES Subdivision No. 2)
(DR-50-15).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 7.24 -acres
Total Number of Lots - 5
Commercial - 5
Industrial - 0
Common - 0
Total Number of Units - 0
Total Acreage of Any Out - Parcels - 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Commercial
C -3 (Highway Business District)
YES Subdivision
(Shopping Center)
Proposed
No Change
No Change
Proposed five (5) lot
commercial subdivision
North of site
Business Park
BP (Business Park)
Mini - Storage
South of site
Commercial
C -3 (Highway Business District)
YES Subdivision
(Shopping Center)
East of site
Commercial
C -3 (Highway Business District)
YES Subdivision
(Shopping Center)
West of site
Commercial
C -3 (Highway Business District)
YES Subdivision
(Shopping Center)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site - 7.24 -acres
Total Number of Lots - 5
Commercial - 5
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
NIA
NIA
Minimum Lot Size
51,597- square feet (1.18- acres)
1,300- square feet
Minimum Lot Width
50 -feet
25 -feet
Minimum Street Frontage
NIA
N/A
Total Acreage of Common Area
(measured as total landscaping of
the entire site)
NIA
N/A
Percent of Site as Common Area
(measured as total landscaping of
the entire site)
N/A
NIA
GENERAL SITE DESIGN FEATURES:
Open Space:
This is a commercial subdivision located within the C -3 (Highway Business District) zoning
district, therefore, 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 &Rs 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) — No
Preservation of Existing Natural Features:
The site contains a portion of a drainage pond and mature trees located within the northern area of
the existing lot (Lot 2, Block 1, YES Subdivision). The drainage area and landscaping will not be
disturbed with the development of the proposed subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development
of the site, any historical artifacts are discovered, state law requires immediate notification to the
state.
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J. STREET DESIGN:
Private or Public Streets:
No new streets, street widening, or dedication of right -of -way to the Ada County Highway District
is proposed with this application. The proposed subdivision will not 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: NIA
Sidewalks:
No sidewalks are proposed to date. Any proposed pedestrian facilities will be reviewed at the time
of design review.
Curbs and Gutters:
Curbs and gutters were constructed for the development with the construction of YES Subdivision.
Lighting:
Parking lot lighting was installed with the construction of YES Subdivision.
Street Names: No new streets are proposed with this application.
K. ON AND OFF -SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See discussion under "Sidewalks" above.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes Located within the parking area planter islands and adjacent to the existing
drainage pond located within the northern portion of the proposed subdivision.
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - Spoils Bank Canal -- Drainage District No. 2
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.
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P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated February 12, 2016 and March 7,
2016, are of special concern (attached to the staff report).
Central District Health Department
Idaho Department of Environmental Quality
Idaho Transportation Department
Sawtooth Law Offices (on behalf of Drainage District #2)
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
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:
• Eagle City Code Section 9 -2 -3 (B)(1 -5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
a Eagle City Code Section 94-1 -10: Storm Drainage; Flood Controls:
E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover (for
example, roofs, driveways and roads) shall be collected and transported to a natural
drainageway with sufficient capacity to accept the discharge without undue erosion.
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H. Stone Drainage Retention Facilities: On site retention or partial on site retention of storm
drainage from new developments is required in any case where, due to development
activity, such drainage would be increased either in peak flow rate or in total quantity from
that previously discharged from the land or property being developed. Complete retention
is required in all cases except those where: 1) runoff flows directly, without crossing
intervening property, into an existing drain ditch or other drainage facility that is operated
and maintained by a drainage receiver, and 2) such drainage receiver agrees, as evidenced
by valid and binding public document, to receive a certain definite quantity of storm
drainage from the development. Retention on site of any drainage not so accepted by a
drainage receiver or of any drainage in excess of the quantity accepted by a drainage
receiver is a duty of the current property owner at any time.
Retention or partial retention facilities shall be provided as an essential part of such
development. Design and construction of such retention facilities shall conform to
standards, entitled "Design Standards For Storm Drainage Retention Facilities ", adopted
by resolution of the city council, and which standards may, from time to time, be amended
by subsequent resolution of the council. All facilities shall be maintained on an ongoing
basis in order to perform as designed. Should any of the provisions of the supplemental
standards conflict with the standards set forth herein, the higher standard shall apply.
N. Drainage System Plans: Drainage system plans shall show how lots will be graded so that
all runoff runs either over the curb, or to a drainage easement, and that no runoff shall
cross any lot line onto another lot except within a drainage easement.
I). 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 is proposing to re- subdivide a lot located within YES Subdivision (aka Eagle
Promenade) (Lot 2, Block 1) into five (5) separate lots. The applicant is requesting the re-
subdivision to allow for construction of a building ( Petco) on one (1) lot and sell the remaining
lots. As part of the Site Specific Conditions of Approval, the design review approval
associated with the Petco site required the applicant to subdivide the property prior to the
issuance of a Certificate of Occupancy for the structure. With the platting process, no physical
change will occur to the site itself, only that the buildings will available for individual
ownership rather than as lease option in which all buildings are owned by a single entity.
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The common areas and drive aisles located within Eagle Promenade are currently shared and
maintained by the Eagle Promenade Business Owners Association. The applicant should be
required to provide a copy of the CC &Rs 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 &Rs should be reviewed and approved by the City Attorney and staff prior
to the City Clerk signing the final plat.
Plat note #3 of the final plat, date stamped by the City on January 28, 2016, states, `Building
setbacks shall conform to the applicable zoning regulations of the City of Eagle and/or
otherwise approved by the development agreement at the time of issuance of a building
permit." There is no development agreement associated with the site. The applicant should
provide a revised final plat with plat note #3 revised to state, "Building setbacks shall conform
to the applicable zoning regulations of the City of Eagle at the time of issuance of a building
permit." The revised final plat should be provided prior to the City Clerk signing the final plat.
Plat note #7 of the final plat, date stamped by the City on January 28, 2016, states, "This
subdivision is subject to cross access agreements pursuant to the conditions of development
agreement with the City of Eagle, recorded as instrument number 103080577." The subject
property does not have a development agreement associated with the rezone. Plat note #6 of
the final plat references the same document instrument number being associated with the
Covenants, Conditions, and Restrictions of YES Subdivision. The applicant should be
required to provide a revised final plat with plat note #7 revised to state, "This subdivision is
subject to cross access agreements pursuant to the Codes, Covenants, and Restrictions of YES
Subdivision, recorded as instrument number 103080577." The revised final plat should be
provided prior to the City Clerk signing the final plat.
A stormwater drainage master plan was designed and approved as a component of the
approval for YES Subdivision. The stormwater drainage master plan was approved with
various areas of the subdivision served by separate drainage facilities. As part of the
stormwater drainage master plan the subject site was designed to drain into a Drainage District
#2 drainage facility pursuant to a drainage receiver Iicense agreement. The license agreement
with Drainage District #2 limits the amount of stormwater drainage that will be accepted.
Recently, the applicant received approval to re -route the stormwater drainage from an area
located within the southwest corner of YES Subdivision to the Drainage District #2 drainage
facility. Due to the additional stormwater drainage being re- routed to share the same facility as
the subject site, it is unknown if there is sufficient stormwater drainage capacity for the
proposed subdivision due to the limits of the Drainage District #2 drainage receiver license
agreement. The applicant should either provide a revised stormwater drainage plan for YES
Subdivision No. 2 showing the site has sufficient capacity for stormwater drainage on -site or
provide an amended Drainage District #2 drainage receiver license agreement allowing for
YES Subdivision No. 2 to drain stormwater into the Drainage District #2 drainage facility. The
revised stormwater drainage plan should be reviewed and approved by the City Engineer prior
to signing the final plat.
It is staff's opinion that this plat will not significantly affect the previously approved
subdivision plat approved for YES 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 site specific conditions of approval and standard conditions of approval 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 March
21, 2016, 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.
D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by one (1) individual who indicated the following concerns:
• Due to the lack of crosswalks located on Horseshoe Bend Road, it is not safe for pedestrians
crossing Horseshoe Bend Road.
• Since Winco has been constructed within the development the traffic on Horseshoe Bend Road has
increased.
• Vehicles traveling Horseshoe Bend Road and Shields Avenue exceed the posted speed limits.
COMMISSION DELIBERATION: (Granicus time 20:06)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They appreciated hearing from individuals, who reside in the area that provided information in regard
to their concerns with the additional traffic in the area.
• The requested subdivision application is compatible with the adjacent lots and uses within the area.
• The applicant should ensure that the new subdivision will be covered by the existing CC &Rs and cross
access agreements.
COMMISSIONS DECISION:
The Commission voted 3 to 0 (Wright and ViIlegas absent) to recommend approval of PP/FP -01 -16 for a
combined preliminary plat/final plat for YES Subdivision No. 2 for White- Leasure with the following staff
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of approval for CU -18 -00 (Eagle Towne and Country Center).
2. Comply with all requirements of the City Engineer.
3. 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 and/or upon receipt of an invoice by the City,
whichever occurs first.
4. Provide a copy of the CC &Rs with Ianguage stating that the landscaping, parking lot and other shared
site improvements are to be maintained by one business owner's association. The CC &Rs shall be
reviewed and approved by the City Attorney and staff prior to the City Clerk signing the final plat.
5. Provide a revised final plat with plat note #3 revised to state, "Building setbacks shall conform to the
applicable zoning regulations of the City of Eagle at the time of issuance of a building permit." The
revised final plat shall be provided prior to the City Clerk signing the final plat.
6. Provide a revised final plat with plat note #7 revised to state, "This subdivision is subject to cross
access agreements pursuant to the Codes, Covenants, and Restrictions of YES Subdivision, recorded
as instrument number 103080577." The revised final plat shall be provided prior to the City Clerk
signing the final plat.
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7. Provide a revised stormwater drainage plan for YES Subdivision No. 2 showing the site has sufficient
capacity for stormwater drainage on -site or provide an amended Drainage District #2 drainage receiver
license agreement allowing for YES Subdivision No. 2 to drain stormwater into the Drainage District
#2 drainage facility. The revised stormwater drainage plan shall be reviewed and approved by the City
Engineer prior to signing the final plat.
8. 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.
I. 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.
2. 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.
3. 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).
4. 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.
5. 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.
6. 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.
7. 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 94- 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.
8. 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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9. 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 &Rs 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 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.
Whether located inside or outside of the public right -of -way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner'slbusiness owner's association, whichever the case may be.
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 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.
15. 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.
16. 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:
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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.
17, 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.
is, 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.
19- 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.
20. 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.
21, Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22_ 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 ".
23. 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.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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21. 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.
26. 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.
27. Basements in homes in the flood plain are prohibited.
28. 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.
?4. 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.
30. 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 1501/ 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.
31, 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.
32. 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.
3:3. 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.
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.
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K.'Mmning [kPlTask APPkahurL%%NUU%U016\YE5 Nub Na 2 pdduc
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. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary plat/final plat (PP/FP- 01 -16) 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
Commercial 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 of the affected agencies, 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.
2. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat (PP/FP- 01 -16) and, in terms of Eagle City Code Section 9- 2 -3(B) "1 thru 5" (minimum
criteria to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a floodplain,
hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an acceptable form;
and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the
Zoning Title of the City.
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K:tl' ming Wptll: gk RppkalujrLMSUIIi'L'1 MVI S Sufi No 2 pri.dm
DATED this 41h day of April 2016.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon K. Bergmann, Eagle City Cl k O
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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