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Findings - PZ - 2016 - PP/FP-04-06 - Wallace Subd/2-Lot Commercial/2.81 Acre/1447 E. State StreetThe above -entitled Combined Preliminary Plat/Final Plat application came before the Eagle Planning an Zoning Commission for their recommendation on August 1, 2016, at which time public testimony w taken and the public hearing was closed. The Eagle Planning and Zoning Commission having heard an I taken oral and written testimony, and having duly considered the matter, makes the following Findings Fact and Conclusions of Law; I John R. Jantz, represented by Joe Canning with B & A Engineers, Inc., is requesting combined R reliminary plat/final plat approval for Wallace Subdivision, a 2 -lot commercial subdivision. The 2,81 -acre site is located approximately 270 -feet northwest of the intersection of South Edgewood Street and East Iron Eagle Drive at 1447 East State Street. A Neighborhood Meeting was held on-site at 6:30 PM, on Tuesday, May 17, 2016, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on June 14, 2016. 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 11, 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 July 8, 2016, Requests for agencies' reviews were transmitted on June 14, 2016, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on July 22, 2016 On June 23, 2016, the Design Review Board approved the site and building design for Westside Body Works (DR -30-16). On June 23, 2016, the Design Review Board approved the signage for Westside Body Works (DR -3 I - 16). IM Page I of 14 K Tlanning DePITABle APPEC00ioOSUBSUDI644idallace Sub pzfdoc F111111111156001XUI G. DESIGN VIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site — 2.81 Acres Total Number of Lots - 2 Commercial ®0 Industrial - 2 Common -0 Total Number of Units — 0 Total Acreage of Any Out - Parcels — 0 ADDITIONAL SITE DATA COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Existing Downtown M-1 (Light Industrial) Bentley Door Minimum Lot Width Manufacturing Minimum Street Frontage Bentley Door Proposed Downtown M -I (Light Industrial) Manufacturing/Auto entire site) Body Shop North Of site Downtown C®2 (Commercial) Jiffy Lube/Busters Bar & Grill South Of site Downtown MU (Mixed Use) Mixed Commercial/Retail/Office as of site Downtown ®2 (Commercial) Retail/Financial/Bar West of site Dova ntownI =M-1 (Com mercial) ................... Eagle Auto Auction G. DESIGN VIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site — 2.81 Acres Total Number of Lots - 2 Commercial ®0 Industrial - 2 Common -0 Total Number of Units — 0 Total Acreage of Any Out - Parcels — 0 ADDITIONAL SITE DATA Units er Gross Acre .......................................... Z - - ------ ------------- --- - --------- Minimum Lot Size Minimum Lot Width Minimum Street Frontage --------------------------------------------------------- -- -- ---------------------------------------------- Total Acreage of Common Area (measured as total landscaping of the entire site) Percent of Site as Common Area measured as total landscaping of the entire site) Page 2 of 14 K Tioning Dept\C881C Appkalions4SLMSs2010%11&cc Sub pzrdoc I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Open Space: The proposed an industrial subdivision is located within the M-1 zoning district which does not require, a minimum amount of open space. A minimum of 10% of landscaping will be required throughout the site, pursuant to Eagle City Code Section 8-2A-7(13)(2). Storm Drainage and Flood Control: to drainage and parking lot construction plans were submitted with this application and are required to be reviewed and approved by the City Engineer. Lots are required to be graded sothat all runoff runs either over the curb, or to drainage easements, 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 mature trees located within the planter strip between East State Street and the parking lot area of Lot 1, Block 1. The trees 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. 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. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500% None Cul-de-sac Design: NIA Sidewalks: The site is to utilize existing sidewalks located along East State Street. Curbs and Gutters: The site is to utilize existing curbs and gutters located along East State Street. Lighting: Lighting will be provided with the construction of the auto body shop building as approved with DR - 30 -16. Page 3 of 14 K Tianninp Dcplgk ApplinfinniStM\2016WrAlace Sub pffdoc MOM= &MMOM IkN#d jij� IK- fijffli� Are of Critical Environmental Concern —No Evidence of Erosion — No Fish Habitat —No Floodplain — No Mature Trees — Yes. Located within the planter strip between East State Street and the parking lot area of Lot 1, Block 1. Riparian Vegetation —No Steep Slopes —No Stream/Creek — No Unique Animal Life —No Unique Plant Life — No Unstable Soils —No Wildlife Habitat —No H istori cal Sites —No WM= The following agencies have responded and their correspondence is attached to the staff report, Comments, which appear to be of special concern, are noted below: Ada County Highway District Eagle Fire Department Idaho Transportation Department Idaho Department of Environmental Equality Tesoro Logistics f.. PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None Page 4 of 14 K %Ptanning Dept\FAS10 ApplicatiolukSUBSU0161W019ce Sub pzfdoc ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: /i i • 1 w 1 1 + w .. P • L • Fi 1 i vw a' 1 of a w a v -------- M-1 Light Industrial District: ' To encourage the development of manufacturing and wholesale business establishments which shall be of hazardous or objectionable • .ala r; • i, fv- -• • -a f _ industriallittle Research activities are - a ..' kand limited • 1 commercial uses may be permitted as ancillary uses. This district is further designed to act as a transitional use between heavyusesw other less intense businesses. fl' \ i i • \: a f \ 111,11ir 11 ir?ffmijigiii -1111 at the effective date hereof that would not be allowed in the district under the terms of this title, the lawful use may ■..`.. continued so longotherwise1. 1. following provisions: A. Additions Or Alterations:No existing structure devoted to a use nopermitted by movedin the district in which it is located shall be enlarged, extended, constructed, reconstructed, or 1exceptof the structure to a use permitted districtin the located. B. Expansion- No nonconforming use shall be extended to occupy any additional land area. C. Change Of Nonconforming Use: If no structural alterations are made, any nonconforminry use of a structure a- land may, uponof a w a permit by council,k to another nonconformingprovided, that the council that the proposed use is equallyappropriateor moreappropriatetothe district than the existing nonconforming use. In permitting such change, the council may require appropriate conditions and safeguards in accord with other provisions of this title. D. Change To Conforming Use: Any structure, or structure and land in combination, in or on which . nonconforming1•...•1'1 by permitteduse shall thereafter1 f w. regulationsthe f the nonconformingnot 1„ i, regulationsE. Discontinuance Of Nonconforming Use: When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the of _ district in which it is located. F. Elimination Of Nonconforming Structure: Where nonconforming use status applies to a structure 1 land in combination,f or destruction of the nonconforming status of the land. (Ord. 40, 10-1978, rev. 9-1980) Page 5 of 14 X Ti)=dng Dept�Eaglc Sub pddac CSUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOStL: 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: I . 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. • 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) "I thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: The proposed combined preliminary and final plat: I . 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. A nonconforming use exists on the property and should be required to be brought into compliance with Eagle City Code upon any physical change to the site or structure(s) located on Lot 1, Block 1. • The overall site development must comply with the requirements of Eagle City Code and the conditions of approval for a Design Review application. • The site plan included in DR -30-16, date stamped by the City on June 1, 2016, shows the building for Westside Body Works encroaching on the Drainage District No. 2 50 -foot wide easement along the south property line. This easement should be reduced from 50 -feet to 25 - feet in width. The applicant should provide a revised final plat showing the Drainage Ditch No. 2 easement reduced from 50 -feet in width to 25 -feet in width prior to the City Clerk signing the final plat. Page 6 of 14 K TL&nning DqnWap)c AppHicatuonsk'bUBS%.7.016,,WO2ace Sub pzfdor In an email correspondence, dated July 21, 2016, the applicant indicated that the property owner and the Drainage District No. 2 would enter into an casement agreement to clarify the size and location of the Drainage District No. 2 easement. The correspondence also indicated that Drain No. 15 did not follow the south property line as indicated on the final plat. The applicant should provide a copy of the easement agreement as well as a revised final plat showing the correct location of the drainage ditch. The final plat, date stamped by the City on June 14, 2016, does not recognize any publ. utilities, irrigation, and drainage easements along property lines. A revised final pl identifying appropriate public utilities, irrigation, and drainage easements should be provid prior to the City Clerk signing the final plat. I The final plat, date stamped by the City on June 14, 2016, contains two identical plat notes. Plat note #8 should be removed prior to the City Clerk signing the final plat. The final plat, date stamped by the City on June 14, 2016, contains plat note #9, stating "Building setbacks shall conform to the applicable zoning regulations of the City of Eagle •,* I •r r, permit." There is no development agreement associated with the site. Plat note #9 should be 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" prior to the City Clerk signing the final plat. The existing building/site improvements located on Lot 1, Block 1, do not currently meet th'i requirements of the Eagle City Code. The applicant is not proposing any modcations to ths. existing building/site located on Lot 1, Block 1. Eagle City Code Section 8-5-2 does nol City Council, the structure/site may be allowed to remain in its current state. If any modifications to the existing building/site are proposed in the future, the owner will br required to bring the site into compliance in all respects with the provisions of Eagle City Code. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, 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. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 1, 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 applicantt representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. Page 7 of 14 K lknngng Dcpffagle App6m0tomMOS120665WARace Sub ptfdoc Page 8 of 14 K Tlanning DepilEmoc Applicationo'SURS,2IDIG�Wslimoc Sub pzfdoc STANDARD CONDITIONS OF APPROVAL: I The applicant shall comply with all requirements of the Ada County Highway District and/or d Idaho Transportation Department, including but not limited to approval of the drainage syster curbs, gutters, streets and sidewalks. I . Correct street names, as approved by the Ada County Street Name Committee, shall be placed 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 Ci Engineer. Required improvements shall include, but not be limited to, extending all utilities to d platted property. The developer may submit a letter in lieu of plans explaining why plans may n be necessary. 3. Idaho Department of Health & Welfare approval of the sewer and water facilities is required r:: 1...,. 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 d 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 I required to furnish the City Engineer with a letter from the sewer entity serving the propert 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 c the street side of the home or shall have their sewer drainage system designed with a stub at 6 - house front to allow for future connection to a public sewer system. t I pwMallf win, A&TALMI finsyerrea from saia ianas T ereor; or V aii pro,:r]Ue lorfnnr .r,&ra 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. *a"1AWZ_W for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer a 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 draina system and/or accepting said drainage; or submit a letter from a registered professional engine certifying that all drainage shall be retained on-site prior to the City Engineer signing the final pl 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 t City Engineer signing the final plat. The plans shall show how swales, or drain piping, will developed in the drainage easements. The approved drainage system shall be constructed, or - performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the fim plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded thl all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross a • line onto another lot except within a drainage easement. Page 9 of 14 K Manning DvpMoe ApplicationsSMSUOMWallace Sub pddor 10. 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 iffigation 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. 11. 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. 12. 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 speccations 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 ctreet lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business 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. 13. 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. 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: 7. 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 Page 10 of 14 K TIoniftS DM\Eagle AppUc&iionsZLMS\20161WW1*cc Sub pxrdoc Page I I of 14 K Throning DeVAEaSle ApplicationA54tM201611h'AUcc SO pa doc 27. The Americans with Disabilities Act, UniformBuilding1` 1Code, Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied design1 construction 1' in accordanceapplicable 1 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 ! 1 conditions, Iapplication for r w 1 and approval of r r R prior / commencing, change 1 the applicant 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 planneduse of the subject property. E9. 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 9-6-5 ' 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 r 1the totalestimatedcost forrequired 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 yearfollowing Council! CI!val shall cause this approvalto be null and void, unless a time extension is granted by the City Council. Prior31. 1submitting_the finalplat for recording,the followingprovide endorsements o 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. applicantany appropriation1water 1, surfaceinterference 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 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. 34. 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. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard (mounted I R. ,... R 4"x4" posts bottom of "'signbeing of 3 -feet CONCLUSIONSabove the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. preliminary1. The Commission reviewed the particular facts and circumstances of this proposed combined plat/final plat (PP/FP-04-16) . r r0 rand based upon theinformationprovided ;: 1 1' ' ..'. the proposed combined preliminary plat/final plat application is in accordance with the City of Eagle Title 1 (Subdivisions) because: Page ► 2 of M % lF hrun ng DeptTagle Appd'acation®iSSU016'49 Akee Sub pafdae a. The subdivision will be harmonious with and in accordance with the general objectives or with any specc 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 Downtown 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 capabty 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. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary and final plat (PP/FP-04-16) and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: The proposed combined preliminary and final plat: I . 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 as the development of Lot 2, Block I will be in conformance with Eagle City Code. Additionally, Eagle City Code Section 8-5-2 does not specifically require nonconforming uses to come into confon-nance at the time of subdivision, therefore, if approved by the City Council, the structure/site on Lot 1, Block I may be allowed to remain in its current state. Page 13 of 14 K Tl ma flg DqEEOSIC ApplicadonsSURMOMWOWe Sub pzfdoc ! • 1 .Mmm PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho m® Trent Wright, Chairman C oRAs0 ATTEST:elk �+Goose Sharon K. Bergmann, ale CiNC611erk �� g&§0611 Sol® Regulatory Taking Notice:rri pursuant to section 67-800 3, Idaho Code,request -egulatory taking analysis Page 14 of 14