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Findings - PZ - 2023 - PP-14-22 - Stadium View Center Subdivision - Preliminary Plat For Stadium View Center Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A PRELIMINARY PLAT FOR ) STADIUM VIEW CENTER SUBDIVISION ) FOR MARGIE AND JERRON PORCHIA ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-14-22 The above-entitled Preliminary Plat application came before the Eagle Planning and Zoning Commission for their recommendation on January 3, 2023, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT: A. PROJECT SUMMARY: Margie and Jerron Porchia are requesting preliminary plat approval for Stadium View Center Subdivision, a 10-lot (8-buildable [5-residential, 3-commercial], 2-common) mixed use subdivision. The 2.49-acre site is located on the west side of North Horseshoe Bend Road approximately 130-feet south of the intersection of West Bonita Hills Boulevard and North Horseshoe Bend Road at 10201 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:30 PM, Wednesday, April 13, 2022, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on May 26, 2022. A revised preliminary plat was submitted to the City on September 29, 2022. A revised preliminary plat submittal checklist and additional information application and second revised preliminary plat were submitted to the City on December 15,2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on June 23, 2022, in accordance with the requirements of the Eagle City Code. 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 December 16, 2022. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 16, 2022. The site was posted in accordance with the Eagle City Code on December 21,2022. D. HISTORY OF REVELANT PREVIOUS ACTIONS: On October 22, 2019, the City Council approved a rezone from R-1 (Residential) to C-1-DA (Neighborhood Business District with a development agreement [in lieu of a conditional use permit]) to allow for retail, restaurant, and residential uses (3-townhomes, 2 single-family dwellings, and 4-residential condominiums [located within the commercial building]) (RZ-07- 19). On February 25, 2020, the executed development agreement was recorded at the Ada County Recorder's Office(Ada County instrument#2020-022348). Page 1 of 15 KAPlanning DeptTagle App1ications\SUBS\2022\Stadi=View PP\Working Files\Stadi=View Sub pzf.dac On August 11,2020,the City Council approved a design review application for the common area landscaping within Stadium View Center, including a three-story, multi-tenant retail/restaurant/office/residential(4-units)building(DR-68-19). On August 11, 2020, the City Council approved a design review application for a 5,032-square foot multi-tenant office/retail building(DR-93-19). On August 11, 2020, the City Council approved a design review application for one townhome building(3-units)and two single-family dwellings within Stadium View Center(DR-94-19). On March 4, 2022, the City approved an extension of time for the common area landscaping within Stadium View Center, including a three-story, multi-tenant mixed use (commercial and residential—4units)building(EXT-01-22). On March 4, 2022, the City approved an extension of time for a 5,032-square foot multi-tenant office/retail building within Stadium View Center(EXT-02-22). On March 4, 2022, the City approved an extension of time for one townhome building (3-units) and two single-family dwellings within Stadium View Center(EXT-03-22). E. COMPANION APPLICATIONS:None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-1-DA(Neighborhood Single-family dwelling Business District with a development agreement) Proposed No change No change Mixed use subdivision North of site Commercial C-3 (Highway Business Single-family dwelling District) and a contractor's yard South of site Mixed Use MU-DA(Mixed Use with a Vacant property development agreement) (proposed Quarry Village mixed use development) East of site Neighborhood R2(Residential—Ada Single-family residential Residential/Public/Semi County designation)and subdivision(Bonita Hills -Public RP(Rural Preservation— Subdivision)and a Ada County designation) cemetery West of site Mixed Use MU-DA(Mixed Use with a Vacant property development agreement) (proposed Quarry Village mixed use development) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA. Page 2 of 15 KAPlanning Dept\Eagle Applications\SUBS\2022\Stadium View PP\Working Files\Stadium View Sub pzf.doc H. SITE DATA: Total Acreage of Site—2.49-acres Total Number of Lots— 10 Residential—5 Commercial—3 Industrial—0 Common—2 Total Number of Units—5 Single-family—2 Single-family attached—3 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Nine (9) (Five [5] located within Nine (9) residential units individual lots and Four [4] maximum (as limited within condominiums located within the the development agreement) commercial building) Minimum Lot Size 2,028-square feet 2,000-square feet(minimum) Minimum Lot Width 35-feet 25-feet(minimum) Minimum Street Frontage 0-feet 0-feet Percentage of Site Devoted to 33%(approximately) 10%(minimum) Landscaping* * Note—Based on the approved common area landscaping design review(DR-68-19). 1. GENERAL SITE DESIGN FEATURES: Landscaping: The applicant has received design review approval for the common area landscaping within the property(DR-68-19). Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: The preliminary plat, date stamped by the City on December 15, 2022, notes public utility, drainage, and irrigation easements in accordance with Eagle City Code Section 9-3-6. The preliminary plat also notes that the common lots have blanket public utility, drainage, and Page 3 of 15 KAPlanning Dept\Eagle App1ications\SUBS\2022\Stadium View MWorking Files\Stadium View Sub pztdoc irrigation easements. 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: There are two existing dwellings served by a septic system located within the property.The septic system will be abandoned upon removal of the existing dwellings. Preservation of Existing Natural Features: There are several mature trees centrally located within the site. The applicant received Design Review Board and City Council approvals to remove the existing trees(DR-68-19 and DR-68-19 MOD). Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: The applicant is proposing to utilize drive aisles to provide access from North Horseshoe Bend Road to the commercial and residential lots. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500':None proposed. Cul-de-sac Design:None proposed. Sidewalks: The preliminary plat, date stamped by the City on December 15, 2022, shows a detached sidewalk located adjacent to Horseshoe Bend Road. The preliminary plat also shows an attached sidewalk located on the south side of Lot 10, Block 1, which turns south at the intersection of Lot 6, Block 1, and Lot 10, Block 1. The sidewalk extends southeast along Lot 6, Block 1, between the parking area and the commercial building lots. The commercial lots contain sidewalks providing access between the lots and from the parking lots. Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. Page 4 of 15 KAPlanning DeptTagle App1icauons\SUBS\2022\Stadi=View MWorking Files\Stediurn View Sub pzfdoc K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) L. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the public. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes—centrally located within the site. Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—yes-trees 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. City Engineer:All comments within the engineer's letter dated November 30,2022,are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's email dated August 31, 2022, are of special concern (attached to the staff report). Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District Sawtooth Law Offices,PLLC(on behalf of Farmers Union Ditch Company,Ltd.) Q. LETTERS FROM THE PUBLIC(attached to the staff report): Email correspondence received from Thaddeus Hoffinan,dated December 22,2022. R. FISCAL IMPACT ANALYSIS: Developer Data Table, received by the City on May 26, 2022, along with the analysis table (attached to the staff report). Page 5 of 15 KAPlanning Dept\Eagle Applications\SUBS\2022\Stadium View PP\Wodting Files\Stadium View Sub pzfdoc THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail, and service establishments. Uses should complement uses within Downtown Eagle. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1:Neighborhood Business District: C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-4-1-5: Streetlights: Unless determined otherwise by the city council as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL (Based on the executed development agreement Ada County Instrument No. 2020-022348): 3.5 The three (3) residential townhomes, two (2) single-family dwellings, and four (4) residential condominiums(located within the commercial building)use shall be a permitted use on the property. 3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential and commercial uses. Page 6 of 15 KAPlanning DephEagle ApplicationASUBS\20221Stadium View MWodcing FileAStadium View Sub pztdoc E. DISCUSSION(Based on the executed development agreement Ada County Instrument No. 2020- 022348 and the preliminary plat, date stamped by the City on December 15, 2022): • The preliminary plat identifies notes that several existing buildings are to be demolished in Phase II of the development. It is unknown if the removal of the buildings is based on the location of the buildings or the timing of the subdivision. The buildings were not contemplated as remaining as part of the rezone approval. The existing buildings located within the property should be removed prior to the City Clerk signing the final plat for Stadium View Center Subdivision Phase 1. • The preliminary plat shows overhead power provided service to the existing buildings within the development and in proximity to the north property line. The overhead power located internal to the site should be removed prior to the City Clerk signing the final plat for Stadium View Center Subdivision Phase I. • The preliminary plat identifies the locations of proposed streetlights within the subdivision. Lots 6 and 10, Block 1, are proposed to contain drive aisles which provide access from Horseshoe Bend Road and throughout the subdivision. The preliminary plat does not show proposed streetlights where Lot 10,Block 1, intersects with Horseshoe Bend Road and where Lot 10,Block 1, intersects with Lot 6, Block 1. The applicant should be required to provide a revised preliminary plat showing streetlights located at the intersection of Lot 10, Block 1, and Horseshoe Bend Road and at the intersection of Lot 10,Block 1, and Lot 6,Block 1. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #10 of the preliminary plat states, "This development is subject to covenants, conditions, restrictions, and easements (Per Instrument No. ). The restrictive covenants for maintenance of the private road cannot be modified and the homeowner's association cannot be dissolved without the express consent of the City of Eagle." Due to the commercial components of the development the proposed subdivision will be served by drive aisles instead of private roads. Also, the preliminary plat contains plat notes which address easements within the development. The applicant should be required to provide a revised preliminary plat with plat note #10 revised to state, "This development is subject to covenants, conditions, restrictions (Instrument No. )." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note#12 and plat note#13 of the preliminary plat,both address the Idaho Right To Farm Act. Plat note#12 addresses the Idaho Right To Farm Act in its entirety by referencing Idaho State Statute 224503. The applicant should be required to provide a revised preliminary plat with plat note #13 referencing the Idaho Right To Farm Act, removed from the plat. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #14 of the preliminary plat, states, "Lot 10, Block 1, is a private drive aisle which shall have a blanket public utility, drainage, and irrigation easement." Plat note #15 of the preliminary plat states,"The residential lots located adjacent Lot 6, Block 1 shall have a non- exclusive perpetual right of ingress and egress easement over said lot, B) the easement shall run with the land, C) the homeowner's association shall be responsible for the operation and maintenance of the parking lot access, and D) the restrictive covenant for operation and maintenance of the parking lot access cannot be dissolved or modified without the express consent of the City of Eagle."(sic) Plat note #14 of the preliminary plat should be removed since plat note #16 addresses the blanket easements located within the common lots.Also,staff will be recommending that plat note #15 be revised to address the drive aisles located within both common lots. The applicant should be required to provide a revised preliminary plat with plat note #14 Page 7 of 15 KAPlanning Dept Enle ApplicationASUBS\2022)Stadium View MWorking Files\Stadium View Sub pztdoc removed. The revised preliminary plat should be provided prior to the City Clerk signing the final plat. Regarding plat note #15, Lots 6 and 10, Block 1, both contain drive aisles which will be utilized for access by the homeowners, business owners, and the public accessing the commercial buildings located within the development. As written, the plat note does not address Lot 10, Block 1, and places the responsibility for the operation and maintenance of the drive aisle solely on the homeowner's association, it does not address the business owners sharing in the expense of operating and maintaining the drive aisles. The applicant should be required to provide a revised preliminary plat with plat note#15 revised to state, "Lots 6 and 10, Block 1, contain drive aisles providing access to the subdivision. Each property owner within the subdivision is conveyed A)the perpetual right of ingress and egress over the drive aisles, B) that such perpetual easement shall run with the land, and C) that the restrictive covenant for maintenance of drive aisles cannot be modified and the property owners' association or other entity cannot be dissolved without the express consent of the City."The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note#16 of the preliminary plat states, "Lots 6 and 10, Block 1, are common lots and to owned and maintained by the Stadium View Center Subdivision Homeowner's Association. Lots 6 and 10, Block 1, shall contain a blanket public utility, drainage, and irrigation easement."(sic) The preliminary plat indicates the subdivision contains 10-lots with 8-lots identified as buildable lots. As part of the rezone and design review approval processes the area where Lot 9,Block 1 is located was shown as open space. The approved design review application(DR- 68-19) shows Lot 9, Block 1, containing a small basketball court and parking. The applicant should be required to provide a revised preliminary plat identifying Lot 9, Block 1, as a common lot. Plat note #16 should be revised to state, "Lots 6, 9, and 10, Block 1, are common lots to be owned and maintained by the Stadium View Center Subdivision Property Owner's Association. Lots 6, 9, and 10, Block 1, shall contain a blanket public utility, drainage, and irrigation easement." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note#18 of the preliminary plat states, "The pressurized irrigation system located within Stadium View Center Subdivision shall be owned and maintained by the Stadium View Center Subdivision Homeowner's Association." The plat note does not identify the irrigation company providing irrigation to the property, transfer of water rights and/or shares, and the property owners being subject to assessments from the applicable irrigation entity. The plat note also identifies the homeowner's association is responsible for ownership and maintenance of the pressurized irrigation system. The subdivision is a commercial subdivision which will have property owners who may not be homeowners within the subdivision. The applicant should be required to provide a revised preliminary plat with plat note#18 revised to state,"Irrigation water has been provided by the Farmers Union Canal Company in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the Farmers Union Canal Company, to be paid through fees assessed by the property owner's association. The pressurized irrigation system shall be owned and maintained by the Stadium View Center Subdivision Property Owner's Association, or its assigns. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 8of15 KAPlanning Dept\Eagle Applications\SUBS\2022\Stediu View MWorking Files\.Stadiu View Sub pzf doc PUBLIC HEARING OF THE COMMISSION (Public Hearing Audio/Video Record): ems://eat id.granicus.com/player/clip/1667?view id=1&redirect=true&h=lb37bafbbf4ddd22bacOf9fUcf6daOe8 A. A public hearing on the application was held before the Planning and Zoning Commission on January 3, 2023, 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: Upon closing the public hearing,the Commission discussed during deliberation that: • The applicant has indicated that Lot 9, Block 1, may be used for future development; therefore, it should not be identified to be a common lot. • The applicant should have the ability to utilize the existing wells for irrigation. • The applicant has requested to not participate in the Conservation Education Program since the application was submitted prior to participation in the program being required by City Code. COMMISSIONS DECISION: The Commission voted 4 to 0(Guerber absent)to recommend approval of PP-14-22 for a preliminary plat for Stadium View Center Subdivision (Exhibit "A") with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Commission and text shown with strikethrough to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: I. Comply with all conditions within the development agreement for rezone application RZ-07-19. 2. Comply with all conditions of DR-68-19. 3. Comply with all requirements of the City Engineer. 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 5. The existing buildings located within the property shall be removed prior to the City Clerk signing the final plat for Stadium View Center Subdivision Phase I. 6. The overhead power located internal to the site shall be removed prior to the City Clerk signing the final plat for Stadium View Center Subdivision Phase I. 7. Provide a revised preliminary plat showing streetlights located at the intersection of Lot 10, Block 1, and Horseshoe Bend Road and at the intersection of Lot 10, Block 1, and Lot 6, Block 1. The revised preliminary plat shall be provided prior to submittal of a final plat application. 8. The Stadium View Center Subdivision shall remain under the control of one Property Owner's Association. 9. Provide a revised preliminary plat with plat note#10 revised to state, "This development is subject to covenants, conditions, restrictions (Instrument No. )." The revised preliminary plat shall be provided prior to submittal of a final plat application. Page 9 of 15 KAPlaoning Dept\Eagle Applicatiom\SUBS\2022\Stadium View MWorking FileaStadi=View Sub pzf.doc 10. Provide a revised preliminary plat with plat note #13 referencing the Idaho Right To Farm Act, removed from the plat. The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. Provide a revised preliminary plat with plat note#14 removed. The revised preliminary plat shall be provided prior to the City Clerk signing the final plat. 12. Provide a revised preliminary plat with plat note#15 revised to state,"Lots 6 and 10,Block 1,contain drive aisles providing access to the subdivision. Each property owner within the subdivision is conveyed A) the perpetual right of ingress and egress over the drive aisles, B) that such perpetual easement shall run with the land, and C) that the restrictive covenant for maintenance of drive aisles cannot be modified and the property owners' association or other entity cannot be dissolved without the express consent of the City."The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. Pfflvide a revised pr-elifaiaafy plat identifying Let 9, Bleek 1, as a eemmen let. PW note#16 shall be f2ViS2�-te state, "Lets 6, 9, and 10, Bleek 1, . eemmen lots to be owned and maintained by the Stadium View Genter-zTubdivisien epeFty Owner'S Lets , 9, •,«,7�-csrrd 10, Blieek 1,-s hirii " The revised pf:e1ifainary plat sha-R iliv♦ be p .ided p to submittal of n F...nl plat n plinntien Vv 14. Provide a revised preliminary plat with plat note #18 revised to state, "Irrigation water has been provided by the Farmers Union Canal Company in compliance with Idaho Code Section 31- 3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the Farmers Union Canal Company,to be paid through fees assessed by the property owner's association. The pressurized irrigation system shall be owned and maintained by the Stadium View Center Subdivision Property Owner's Association,or its assigns.The revised preliminary plat shall be provided prior to submittal of a final plat application. 15. Provide documentation from the subdivision eentmete Idaho Department of Water Resources (ID)WR) indicating the individual wells located on the site are permitted for irrigation use wefe The individual wells shall not be utilized for potable use. The documentation shall be provided prior to the City Clerk signing the first final plat. 16. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on-site. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the first final plat. 17. The applicant shall provide CC&Rs that the Property Owner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 18. OwneF shall werk with the City to establish a Censefvafieft and Edueatien Pr-egr-am (GEP) Funding Plan asseeiated with Stadium View GenteF Subdivisieft. The GEP Funding Plan shall be exeouted-by the Ovmer-and Gity pr-ier-te the City Clerk signing the final plat. 19. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed,GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat for the associated phase. Page 10 of 15 KAPlanning DeptTagle App1ications\SUBS\2022\Stadium View PP\Working Files\Stadium View Sub pzf.doc 20. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. 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. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C.Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 94-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a surety shall be submitted to the City Clerk,prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 11 of 15 KAPlaoning DeptEagle Applications\SUBS\2022\Stadium View MWorking Files\Stadium View Sub pAdoc 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner'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 Page 12 of 15 KAPIanning Dept\We App1ications\.SUBS\20221St3dium View MWorking Files Stadium View Sub pztdoc 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. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways,and Recreation Commission 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 floodplain(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 floodplain 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 Page 13 of 15 KAPlanning Dept Eagle Applications\.SUBS\2022\Stedium View MWorking Files\Stadium View Sub pAdoc 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. 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 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter Page 14 of 15 KAPlaoning Dept\Eagle Applications\SUBS\2022\Stadium View PP\Working Files\Stadium View Sub pzfdoc CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-14-22) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. The requested preliminary plat complies with the approved zoning designation of C-1-DA (Neighborhood Business District with a development agreement). b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Commercial and provides the required improvements for a subdivision or as may be conditioned herein; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and because this site will be designed in accordance with the requirements of the proposed development agreement, standards of Eagle City Code and the Eagle Architecture and Site Design book(EASD); d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from Veolia Water of Idaho. Fire protection will be available from the Eagle Fire Department and fire hydrants will be provided where required; e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Ada County Highway District and is subject to the conditions herein; f. While there is no capital improvement program, the developer is required to install public improvements as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; g. That based upon agency verification and additional written comments provided,or as conditioned herein,there is adequate public financial capability to support the proposed development; h. 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 the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein. DATED this 17th day of January,2023. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chairman 12,,,,118",�, GLE ••.• gyp•••.....•.• � '�. 4AT EST: Q ' PT E •• ' ra y . Os , agle City Clerk 0, Page 15 of 15 KAPlanning DeptTagle Applications\SUBS\2022\Stadium View MWorldng FilesStadium View Sub pzfdoc .q. ' 1Md AWNIMIRd u�a■d quo u^aoe'une ao 3nww^ `t,$ -15niD anon NDoa aamaeoiiasananv�oanos>bon �°+��. ;.' f1 10 Utl3e0lN 3LL 513�IW3e T1A^53i0tld �y�—��. 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