Findings - CC - 2016 - PP/FP-01-16 - Yes Subd#2/5-Lot Commerc/7.24 Acre/2920 E. State StI
0 D1 t1o) V.W W a for -11114
CASE NUMBER PP/FP-01-16
The above -entitled Combined Preliminary Plat/Final Plat application came before the Eagle City Coun
for their action on May 10, 2016, at which time public testimony was taken and the public hearing w
closed. The Eagle City Council having beard and taken oral and written testimony, and having du
considered the matter, makes the following Findings of Fact and Conclusions of Law; I
FINDINGS OF FACT:
A. PROJECT SUMMARY:
A Neighborhood Meeting was held at 6:30 PM, Wednesday, May 28, 2014, at The Land Groul.
office, located at 462 East Shore Drive, Suite 100, Eagle, in compliance with the application
0
submittal requirement of Eagle City Code. The application for this item was received by the City
of Eagle on January 28, 2016.
11%tice 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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
April 18, 2016. Notice of this public hearing was mailed to property owners with'i'n three -hundred
feet (300 -feet) of the subject projaW in accordance with the requirements of Title 67wA'FFP7,sVA
Idaho Code and Eagle City Code on April 11, 2016. The site was posted in accordance with the
Eagle City Code on April 27, 2016,
On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne an,; -
Country Centre (PP- 18-00).
Page I or 14
K111tirming MrN.J& Sub No.2 cd.dm
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 landscaping within Eagle
Towne and Country Centre (DR -06-0 I).
On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle
Towne and Country) (FP -0
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).
Total Acreage of Site — 7.24 -acres
Total Number of Lots — 5
Commercial — 5
Industrial —
0 o
ommon — 0
Total Number of Units — 0
i ff
Page 2 of 14
KAYLmung RkplWask Sub No 2 CcEdut
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
............. . . . . ,
Commercial
C-3 (Highway Business District)
YES Subdivision
(Shopping Center)
lot ` ti 0
I -
Mini -Storage
South ofsite
Commercial
C-3 (Highway Business District)fel
f>
-----
C —
----------------------
------- -- - - -
East of site
Commercial
C-3 (Highway Business District)
YES Subdivision
(Shopping Center)
C-3 (Highway Business District)
Total Acreage of Site — 7.24 -acres
Total Number of Lots — 5
Commercial — 5
Industrial —
0 o
ommon — 0
Total Number of Units — 0
i ff
Page 2 of 14
KAYLmung RkplWask Sub No 2 CcEdut
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
------------- -------
51,597 -square feet (I. I 8 -acres)
1 -1,300 -square feet
Minimum Lot Width
— -------------
— --------
Minimum Street Frontage
Total Acreaue of Common )Crea
0
(measured as total landscaping of
the entire si e)
Pff R% MIA-"
the entire site)
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%
oft a site will be required to be landscaped, pursuant to Eagle City Code Section 8-2A-7 (B) (2).
to Drainau0e and Flood Control:
Specific rainage system plans are to be submitted to the City Engineer for review and approval
prior tote City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage casements. 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 Main&
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 tothe
state.
Page 3 of 14
KThmming 1kpikEj9k 0#ppk'a0oSASLJH%120HM1tES Sub Na NxPdm
No new streets, street widening,or dedication 1 1 Ada County Highway 1 a
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
iubdivision.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500`: None
Cul-de-sacDesign: NIA
Sidewalks:
No sidewalks are proposed to date. Any proposed pedestrian facilities will be reviewed at the time
of design review.
Curbs and utters:
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.
streetsStreet Names: No new - proposed application.
K. ON I> * # • #
10:
L. PUBLIC PROPOSED:None proposed.
SPECIALM. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion -- No
Fish Habitat m 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 PIant Life .-- No
Unstable Soils o
Wildlife Habitat o
Historical Sites - No
Page 4 of 14
IK 11'kamiI Il&kpaaI A,PPIkawa sViU&d AZII➢IlP1 Sub No 2 cddoc
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).
District
Central Health Department
Idaho Department of Environmental
Idaho Transportation Department
Tesoro Logistics#'
Q. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN rr O` w
NCE
REGARDING THIS PROPOSAL: None
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDIN
THIS PROPOSAL-
■R
The following 1 districts are herebyestablished.For 1 ! of
DISTRICT: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 permit the establishment! travel
related services such as hotels, motels, service stations, drive-in restaurants, offices, limitef
warehousing, commercial services a1', retail sales. This districtspecificallydesigned
clusters to service the motoring public on major streets. Uses that compete with the uses
allowed - CBD zoning district shall be discouraged.
C. SUBDIVISIONORDINANCE PROVISIONS WHICH ARE OF ■
REGARDING THIS PROPOS 4,L:
!#- . !I ■ ;
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request th
the subdivision 1 # !' be processed both preliminary andfinalplat if all t",
following
1. The !
1 # 1 #subdivision does ! exceed ten 0 lots;
2. No new street dedication or street widening is involved,
3. No major special development considerations are involved such as development in
floodplain, hillside development or the like,
Irequired informationfor both preliminary andfinalplat is complete
acceptable form;and
5. The proposed not ! Comprehensive or anyprovisiI
of Zoningof
Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover (f
example, roofs, driveways and roads) shall be collected and transported to a natu ri
drainageway with sufficient capacitytoacceptdischargeut undue erosion.
Page 5 of 14
K:Si'Lltutmg Ik�i La��.^ �,ppla:�drnns'u' 4 Hti�,„��NVu'�YI'S Su4uNer. ? rr1'.dne
H. Storm 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 property owner
Retention or partial retentionbe provided
development. Design and construction of such retention facilities shall conform to
standards, entitled "Design Standards For Storm Drainage Retention Facilities", adopted
by resolution of ! 1'.. which standardsfrom !' 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 •, Drainage system plans shall show how lots will be graded !t that
crossall runoff runs either over the curb, or to a drainage easement, and that no runoff shall
! onto another lot1 drainage
z Staff has reviewed the particular facts and circumstances of this proposed ! i ' 1- preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimum criteria
to combine a preliminary1 final 1lat), has made the followingconclusions:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major specialdevelopment 1 !'.. 1 are involved such as development
floodplain, hillside development or the like.
IIAll requiredinformationfor 1! preliminary 1finalplat is complete1 in an
acceptable form-, and
The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision ofthe Zoningof the City,
ML
!1111114MIhas
The applicant is proposing to re -subdivide a lot located within YES Subdivision (aka Eagle
re -
lots. Aspart ofthe SiteSpecific Conditions 1 Approval,design 1 ! !
associated with the Petco site required the applicant to subdivide the property prior to the
issuance of a Certificate of Occ )anc for the structure. With the lat
Page 6 of 14
IIM;Iro Ea& fis,VVIk;26vrtMSUIIVs%M0Cati°GL%Sub No. '?rddoc:
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
-FSA�:6n,t
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, s subdivision is
sub'ect to cross access agreements -�vursuant to the ik,&m0*xu4m AL%--.UFLWM OM06MM911-
Sub1ivision, 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
&v�Ltmf 3"h;iCku
#2 drainage facility pursuant to a drainage receiver license 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 comer of YES Subdivision to the Drainage District #2 drainage
L%C-21, -a3�
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
provide an amended Drainage District #2 drainage receiver license agreement allowing for
YES Subdivision No. 2 to drain ston-nwater 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 staffs opinion that this plat will not signcantly affect the previously approved
subdivision plat approved for YES Subdivision.
Rill: !'Ui 1 1
Based upon the information provided staff recommends approval of the requested Combined Preliminal
Platnal Plat with site specc conditions of approval and standard conditions of approval provid
within the staff report. i
Page 7 of 14
IK lftrwint DepfiEagk AppkaaenASUW,12MMVi S SO No 2 calf x
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 Villegas 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 site specific
conditions of approval and standard conditions of approval as provided within their findings of fact and
conclusions of f dated April 4, 201[,.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 10, 2016, at which time
testimR ny was taken and the public hearing was closed. The Council made their deon at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition of the application was presented to the City Council by two (2)
individuals who indicated concerns regarding: additional traffic demand placed on surround streets
from additional businesses located within the proposed subdivision which warrants the need for
additional traffic control and a traffic study for the area; the need for a pedestrian crossing across
Horseshoe Bend Road; driveway dimension limitations for delivery trucks which create turning
movement limitations onto Horseshoe Bend Road; and that the existing tenants within the commercial
subdivision are not properly maintain the required landscaping.
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT:
The Council voted 4 to 0 to approve PP/FP-01-16 for a combined preliminary plat/final plat for YES
Subdivision No. 2 for White -Leasure with the following Planning and Zoning Commission recommended
site specific conditions of approval and standard conditions of approval:
Page 8 of 14
K Ultanrung Dcp1U_q1L ApphcAllons%UBSU11gypS Sub No, 2 a,�eXdor.
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 incuffed for reviewin!,L
0
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 language stating that the landscaping, parking lot and other shared
0 0
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.
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 ston-nwater into the Drainage District
#2 drainage facty. 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 utties, 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 or Approval conflicts with a Site Specc Condition or
Approval contained herein the Site Specc Condition or Approval shall control.
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 '',1 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).
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.
Page 9 of 14
KMILminy, I *,.pTjgk- Sub Mi. 1 txf.dm�
6. All homes being constructed with individual septic systems shall have the septic systems placed
the street side of the home or shall have their sewer drainage system designed with a stub at
0 ti
house front to allow for future connection to a public sewer system.
T Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the wat
rights appurtenant to the lands in said subdivision which are within the irrigation entity will
transferred from said lands by the owner thereof-, or the subdivider shall provide for undergrou
tile or other like satisfactory underground conduit to permit the delivery of water to tho
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 crite
for pressurized irrigation facilities. I
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.
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.
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.
III, fto 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 chancing 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 irTigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
$3Street 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.
Page 10 of 14
KAMmung 1X-pNLMg1L AppkatkmMUDS'U1 MMUS S9ib No 2 cdLkx
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
for purpose ofinstalling andmaintaining street light fixtures, conduit1wiring
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 resjwnsibilitp of the-aAs-licatwfil 0,vit t5i
homeowner's/business owner's ! •whichever be.
The applicant ll pay applicable- !" ! ontheproposed subdivisionprior 1.
signing
!' ! ly the Eagle City Engineer.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by t
Zoning Administrator prior to the submittal of the final plat. The plans shall show how t
streetlights will facilitate the "Dark Sky" concept of lighting.
15. The applicant shall provide utility easements as required by the public utility providing servic
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 Ci
Engineer signing the final plat. The letter shall includethefollowing •
requirements, and any other items of concern as may be determined by the Eagle Fire Departme'l
1;..:......
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
writingb. The proposed fire hydrant locations shall be reviewed and be approved in by the
Eagle Fire Department
prior ! the City Engineer:+ +the finalplat.
permits.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
L 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 !r the use, controland mutual maintenance of ! •
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved •Attorneypriortothe City Engineer signing the finalplat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing • 1 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.
f 8, Should the homeowner's association be responsible for the operation and maintenance of the stonn
drainageo• restrictions,• association ! or other
plat.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
Page I q of14
Ve:tO'8�nxtdengAroa°pr41U.u�.L:h�guKar.:x9zcu ltittp,0ti"r�EKll4r1.'�IESS;t"taG�Jca rxcdAic
.,The applicantamit an application forDesign Review,w shall obtain approvalfor
required landscaping,w w subdivision signage prior r the City Engineer signing the
plat.final
1'. Any recreation area, greenbeltor pathway area alongBoise Dry Creek or other
area designated by * or Pathway/Greenbelt*for a path or
walkway shall be approved by the Eagle City .way/Gree nbe It Committeeprior f
approval of plat by w
21. Conservation, w applicable) be r w r by w
the City Engineer w shall be r on plat prior r approval of the final plat by
Council.
22. The applicant place a noteon the face of the t building r
lines shall be w w;nce with the applicable zoningand subdivision regulations at the time of
issuance of the building permit or recifically approved ar w w w
23. The applicant comply provisions of wwe, pertaining to floodplain
and river protection regulatii rle) prior to the City Engineer signing the final plat.
24. The development shall cw w. Boise Plan (ifapplicable) of
City Council w w t of plat.
25. The applicant ll obtain t w w the development relative tr the effects of w
River Flood ' applicable) from t prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approvaldevelopment on r or other
natural waterways (if applicable) from r of r the Idaho Department of
Resources and/or w w prior to the City Engineer signing the final
plat.
27. Basements wi rrr plain are prohibited.
28. The Americans with Disabilities wrm Building Code, Code,
r - Plan,andapplicableCounty,w', w Codes w A �r
complied All design and construction shall be w r' applicable of
Eagle ww!. unless specificallyapproved by ti and/or w
.', Any changesto the plans and specifications uponapproval based,other than those
required by the abovens, will require submittalof tr t for modification and
approvalri t prior r commencing any change. Any change by the applicant
planned use of the property w> of this application,requireapplicant to
comply regulations,ordinances, plans,or other regulatoryand legal restfictions
force► or w application of
for .- to the planned use of i property.
1` No public board, commission,official or other authofityproceed
construction of or authorizeconstruction of of public trovements required b
y the
Eagle City ww 9 w Subdivisions" received the approvalof the
City Council 9-6-5
After Council r°r w of plat,pwlicant may construct any approved improvements
r' - the City Engineerapplicant provide of
performance r of 150% of w w cost forr r _ any required
improvements (see resolution 98-3) pfior 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.
Page 12 of 14
Kal'lanning IkplVEagk hp�l&aiAauouw�'AtillU6ti� Igp�:,�Yna tin'I Nur w C d o,
31. In
accordance EagleCode,failure to obtain a recordedfinalplat for the subdivision
within one following Council approval! 1 -null andvoid,
extensionunless a time ! by the CityCouncil.
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,
! City Clerk.
33. The City's actionson the applicationdoes i 1 1appropriation ofwateror
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any ! all water rights, claimsassociated
4 The applicant 1locate f, protect from damage existing utilities, pipelines and
similar structures. Documentation indicatinc, that "Digline" has performed an inspection of the
site iii besubmitted prior 1+the issuance1':anybuilding 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.
C 6. 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.
The Council ► particular facts andcircumstancesof proposed combined preliminary
plat/finalplat (PP/FP-01-16) and basedupon information provided concludesproposed
combined preliminaryplattfinalplat applicationaccordance
(Subdivisions) because:
findingsa. 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 provided within thisdocument andtheproposed use is in accordance.,
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 ofthe conditionsofapproval;
c. That there are no known capital improvement programs for which this development would prevent
f based 1! '+agency verification 1the affectedagencies, there is adequatepublic
capability tosupportproposed development;
e. That any health, safety and environmental problems that were brought to the Council's attenti
have been adequately addressed by the applicant or will be conditions of approval as set fo
within the conditions of approval
2. The Council reviewed the particular facts and circumstances of this proposed combined preliminary ar
final plat (PP/FP-01-16) and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimul
criteria to combine a preliminary and final plat), has made the following conclusions:
Page 13 of 14
lh::tl Iannan! 1kpu.Y,p.agk., ACopka9Bner V1;UEN°a1?026%5i9'S Sub teas. M of doc
11M
2. No new street dedication or street widening is involved;
4�
3. No major special development considerations are involved such as development in a floodplain,
hillside development orthe 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 th,.�
Zoning Title of the City.
Imm
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
... .. . .... . . ................... ....
�Hre I OP
Stan Ridgeway, Mayor
RP0*
ATTEST: a 7rp
Silaron
, Eagle City Clerk OPNV
111111 I D4,81al m Its"00
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 14 of 14
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