Findings - CC - 2016 - PP/FP-04-16 - Wallace SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A COMBINED PRELIMINARY PLAT/
FINAL PLAT FOR WALLACE SUBDIVISION
FOR JOHN R. JANTZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-04-16
The above -entitled Combined Preliminary Plat/Final Plat application came before the Eagle City Council
for their action on August 23, 2016, at which time public testimony was taken and the public hearing was
closed. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
John R. Jantz, represented by Joe Canning with B & A Engineers, Inc., is requesting combined
preliminary 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.
B. APPLICATION SUBMITTAL:
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.
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 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.
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 Eagle City Code on August 8, 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 August 5, 2016. The site was posted in accordance with the Eagle City Code on August
12, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 23, 2016, the Design Review Board approved the site and building design for Westside Body
Works (DR -30-16).
On June 23, 20I6, the Design Review Board approved the signage for Westside Body Works (DR -31-
16).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING
MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing Downtown
M- I (Light Industrial)
Bentley Door Manufacturing
Proposed Downtown
M-1 (Light Industrial)
Bentley Door Manufacturing/Auto
Body Shop
Not of site Downtown
---------------------
C-2 (Commercial)
----------
Jiffy Lube/Busters Bar & Grill
out of site Downtown
MU (Mixed Use)
Mixed Commercial/Retail/Office
East of site Downtown
C-2 (Commercial)
Retail/Financial/Bar
est of site I Downtown
M-1 (Commercial)
Eagle Auto Auction
G. DESIGN REVIEW 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
Page 2 of 14
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ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Units Per Gross Acre
N/A
N/A
Minimum Lot Size
1.2 -acres
N/A
Minimum Lot Width
200 -feet
25 -feet
Minimum Street Frontage
200 -feet
25 -feet
Total Acreage of Common Area
0 -acres
0 -acres
(measured as total landscaping of the
entire site)
Percent of Site as Common Area
0%
0%
(measured as total landscaping of the
entire site)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Open Space:
The proposed an industrial subdivision is located within the M- I 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).
to Drainage and Flood Control:
Storm 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 so that 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.
Page 3 of 14
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.
Street Names:
No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE 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 planter strip between East State Street and the parking lot area
of Lot 1, BIock l
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat —No
Historical Sites —No
Page 4 of 1
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O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
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:
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Idaho Department of Environmental Equality
Sawtooth Law Offices (on behalf of Drainage District No. 2)
Tesoro Logistics
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:
M-1 Light Industrial District: To encourage the development of manufacturing and wholesale
business establishments which shall be free of hazardous or objectionable elements such as
noise, odor, dust, smoke, or glare, are operated entirely within enclosed structures and generate
little industrial traffic. Research activities are encouraged and limited office and commercial
uses may be permitted as ancillary uses. This district is further designed to act as a transitional
use between heavy manufacturing uses and other less intense businesses.
• Eagle City Code Section 8-5-2: Authority to Continue Nonconforming Use:
If a IawfuI use involving individual structures, or of a structure and land in combination, exists
at the effective date hereof that would not be allowed in the district under the terms of this title,
the lawful use may be continued so long as it remains otherwise lawful, subject to the following
provisions:
A. Additions Or Alterations: No existing structure devoted to a use not permitted by this title
in the district in which it is located shall be enlarged, extended, constructed, reconstructed,
moved or structurally altered except in changing the use of the structure to a use permitted
in the district in which it is located.
B. Expansion: No nonconforming use shall be extended to occupy any additional land area.
Page 5 of 14
C. Change Of Nonconforming Use: If no structural alterations are made, any nonconforming
use of a structure and land may, upon the issuance of a conditional use permit by the
council, be changed to another nonconforming use; provided, that the council shall find
that the proposed use is equally appropriate or more appropriate to the 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 a nonconforming use is superseded by a permitted use shall thereafter conform to
the regulations for the district, and the nonconforming use may not thereafter be resumed.
E. 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
regulations of the district in which it is located.
F. Elimination Of Nonconforming Structure: Where nonconforming use status applies to a
structure and land in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land. (Ord. 40, 10-1978, rev. 9-1980)
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.
D. 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
Page 6 of 14
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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 I.
• 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.
• 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 easement 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 public
utilities, irrigation, and drainage easements along property lines. A revised final plat identifying
appropriate public utilities, irrigation, and drainage easements should be provided prior to the
City Clerk signing the final plat.
• The final plat, date stamped by the City on June 14, 20I6, 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
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. 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 the
requirements of the Eagle City Code. The applicant is not proposing any modifications to the
existing building/site located on Lot 1, Block. 1. Eagle City Code Section 8-5-2 does not contain
provisions specifically addressing the subdivision of land, therefore, if approved by the 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 be 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 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.
Fuge 7 of 14
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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 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 applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 9:02)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The commission felt that the application was straightforward.
• The applicant's request to use an access/maintenance agreement for shared use areas in lieu of CC&Rs
is reasonable and justified.
COMMISSIONS DECISION:
The Commission voted 3 to 0 (Wright and Guerber absent) to recommend approval of PP/FP-04-16 for a
combined preliminary plat/final plat for Wallace Subdivision for John R. Jantz with the site specific
conditions of approval and standard conditions of approval provided within their findings of fact and
conclusions of law document, dated April 4, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 23, 2016, at which
time testimony was taken and the public hearing was closed. The Council made their decision 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 no one.
COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY/FINAL PLAT:
The Council voted 4 to 0 to approve PP/FP-04-16 for a combined preliminary plat/final plat for Wallace
Subdivision for John R. Jantz with the following PIanning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval with underline text to be added by the
Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of DR -30-16.
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 cross -access agreement and site maintenance plan with language stating that
the landscaping, parking lot and other shared site improvements are to be maintained according to
the aforementioned agreement/plan. The cross access agreement and site maintenance plan shall be
reviewed and approved by the staff and City Attorney prior to the City Clerk signing the final plat.
Page 8 of 14
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5. Provide a revised final plat showing the Drainage District No. 2 easement reduced from 50 -feet in
width to 25 -feet in width and the accurate location of the Drain No. 15 shown prior to the City
Clerk signing the final plat.
6. Provide a copy of the Drainage District No. 2 easement agreement between the property owner and
Drainage District No. 2 to the city prior to the City Clerk signing the final plat.
7. Provide a revised final plat with plat note #8 removed prior to the City Clerk signing the final plat.
8. Provide a revised final plat with plat note #9 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.
9. Provide a revised final plat with a new plat note stating "Unless otherwise shown and dimensioned,
all lots are hereby designated as having a permanent easement for public utilities, irrigation, and
lot drainage over the six (6) feet adjacent to any interior lot line, and over the twelve (12) feet
adjacent to any subdivision boundary," prior to the Clerk signing the final plat.
10. 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.
11. The avolicant shall comply with all requirements of the New Union Ditch Company in regard to
any future relocation of the irrigation lateral located within the property. The annlicant shall provide
a License Agreement and/or a User's ALrreement from the New Union Ditch Company for all
irrigation improvements associated with the lateralprior to the City Clerk signing the final 12lat.
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.
Page 9 of 14
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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
the or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
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.
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.
II L 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 (l) 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.
13, 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.
Page 10 of 14
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'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.
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:
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.
18. ShouId 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.
Page I I of 14
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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.
25. 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.
29. 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 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
Page 12 of` 14
KVIanning WpALask° ApplicamnASUBSO iWWall= Sun asNiwx
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.
33. 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.
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 Meet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat/final plat (PP/FP-04-16) 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 Downtown
Iand use designation of this area shown within the Comprehensive PIan;
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 Council'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 Council 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) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
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K.'MIlanning Mph RA& Applie mi snsl.SUB.Si'_IP16IWallacu Sub ocCdcacx
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
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 1, will be in conformance
with Eagle City Code. The Council recognizes that a portion of the site is not in conformance
with Eagle City Code; however, approval of this subdivision will reduce the size and scale of
the overall nonconformity, therefore, the Council has determined that the structure/site on Lot
1, Block 1, may be allowed to remain in its current state. Further, the structure/site on Lot 1,
Block 1, will be required to come into conformance with Eagle City Code upon any
alterations to the structure/site pursuant to Eagle City Code Chapter 8-5.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
_ u,w _
Stan Ridgeway, Mayor Yts����
m
ATTEST:
Sharon K. Bergmann, Eagle City�1,
Page: 14 of 14
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