Findings - PZ - 2018 - PP-FP-03-17 - Combined Preliminary/Final Plat For Piccadilly Village Subd 2BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A COMBINED PRELIMINARY/FINAL
PLAT FOR PICCADILLY VILLAGE
SUDIVISION NO. 2 FOR OLD TOWN I, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-03-17
The above -entitled combined preliminary/final plat application came before the Eagle Planning and Zoning
Commission for their recommendation on January 16, 2018, 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:
Old Town I, LLC, represented by Mark L. Butler, is requesting combined preliminary/final plat
approval for Piccadilly Village Subdivision No. 2, a 3 -lot commercial subdivision (re -subdivision
Lot 14, Block 1, Piccadilly Village Subdivision). The 1.75 -acre site is located at the southeast
corner of North Echohawk Lane and East Hill Road at 220 South Echohawk Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, Wednesday, November 29, 2017, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on November 30, 2017.
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 December 29, 2017. 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 December 26, 2017. Requests for agencies'
reviews were transmitted December 7, 2017, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on January 4, 2018.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
E. COMPANION APPLICATIONS: None
Page 1 of 13
K:\Planning Ihpt\Eagle Application.\SUBM21117\Piccadilly Village Sub No. 2 pzt:docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Mixed Use
No Change
Residential Three
Mixed Use
Commercial
Mixed Use
ZONING
DESIGNATION
MU -DA -P (Mixed Use with a
development agreement — PUD)
No Change
MU -DA (Mixed Use with a
development agreement [in lieu of
a PUD])
MU -DA -P (Mixed Use with a
development agreement — PUD)
C -3 -DA (Highway Business
District with a development
agreement)
MU -DA -P (Mixed Use with a
development agreement — PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 1.75 -acres
Total Number of Lots — 3
Commercial — 3
Industrial — 0
Common — 0
Total Number of Units — 0
Total Acreage of Any Out -Parcels — 0
Page 2 of 13
K:\I'lanning Dept\eagle Applications\SUBS1201APiccadilly Village Sub No. 2 piLdocx
LAND USE
Vacant lot (Lot 14,
Block 1, Piccadilly
Village Subdivision)
Commercial
subdivision
I:TD right-of-way
Common lot
(Piccadilly Village
Subdivision)
Proposed convenience
store with fuel service
Vacant commercial lot
and single-family
residential dwelling
(Piccadilly Village
Subdivision)
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size
Minimum Lot Width
22,338 -square feet
90 -feet
5,000 -square -feet
50 -feet
Minimum Street Frontage 0 -feet 0 -feet
Total Acreage of Common Area 0 -square feet 0*
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 0% 0*
(measured as total landscaping of
the entire site)
* Note — Since this is a commercial subdivision a minimum of 10% of landscaping is required
throughout the site.
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Open Space:
This is a commercial subdivision located within the MU zoning district, therefore, a minimum
amount of open space is not required. However, a minimum of 10% of landscaping will be required
throughout the site pursuant to Eagle City Code Section 8-2A-7 (B) (2).
Storm Drainage and Flood Control:
A master storm drainage plan will be reviewed by the City Engineer prior to construction of the
first commercial building within the site. 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:
There are currently easements located adjacent to the boundary of the subdivision that were created
when Piccadilly Village Subdivision was platted. The new subdivision will also contain a blanket
public utility and drainage easement that will be centrally located (parking area) within the
proposed subdivision.
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) — not allowed
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
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 13
K:\Planning Dept\P.-agle Applications\SUBS \2017\I'iaadilly Village Sub No. 2 p,Ldocx
J. STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway District
is proposed with this application. All streets within this subdivision were previously approved with
Not all of the proposed lots within this subdivision will have direct lot access to the public street.
The plat shows an area for cross access and shared parking between the lots to the public streets
for pedestrian and vehicular traffic and is to be noted as such on the final plat.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/A
Sidewalks:
A five-foot (5') wide sidewalk currently exists located adjacent to North Echohawk Way and East
Hill Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards have been constructed
abutting the interior streets.
Lighting:
The applicant will be required to submit plans and details of any proposed parking lot lighting to
the City for review and approval by the Design Review Board.
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 — The site contains mature trees located adjacent to the perimeter.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — Unknown
Unstable Soils — Unknown
Wildlife Habitat — Unknown
Historical Sites — No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
Page 4 of 13
K:\I'lammng Depl'.1 aglc Applicauons\SUBS\21117\I'tcc,JJly Village Sub No. 2 pd:Jocx
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated December 18, 2017 are of special
concern.
Q.
Director of Parks, Pathways, and Recreation: (Email correspondence dated December 8, 2017): No
comment
Ada County Highway District
Andeavor
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Sawtooth Law Offices, PLLC (Drainage District #2)
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (Adopted November 14, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined
on a site to site basis. Uses should complement and not take away from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or development agreement process. See the planning area text for a complete description of
site specific uses.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Maximum Lot Area
Zoning Lot (Acres Or Minimum
District Maximum Front Rear Interior Street Covered F Square Lot
Height Side Side And J* Feet) H* Width I* 01
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
Page 5 of 13
K:\I'lanning DepiUagle Applications\SUBS\201T1'iccaddly Village Sub No. 2 pzr.docx
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
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision
of the Zoning Title of the City.
• The overall site development must comply with the requirements of Eagle City Code and the
conditions of approval for a Design Review application.
• The final plat, date stamped by the city on November 30, 2017, delineates a cross access, shared
parking, and public utility and drainage easement located within a portion of three (3) lots
shown on the plat. Plat note #3 of the final plat states, "A portion of Lots 21, 22, and 23, Block
1, shall be subject to a common access, shared parking, public utility and drainage easement in
favor of Lots 21, 22, and 23, Block 1, as shown on this plat." Although the location of the cross
access and easements are delineated on the final plat and noted by plat note #3, the applicant
did not provide a cross access/shared parking agreement for the project. The applicant should
be required to provide a cross access/shared parking agreement to be reviewed and approved
by the City Engineer and staff prior to the City Clerk signing the final plat. Upon approval of
the cross access/shared parking agreement, the applicant should record the cross access/shared
parking agreement and reference the instrument number on the final plat prior to the issuance
of a building permit for the site.
Page 6 of 13
K:\I'lanning Dcp1\Eagle Applications\SUBS\ 2017\ Piccadilly Village Sub No. 2 pzl:docx
• The final plat, date stamped by the city on November 30, 2017, shows a five foot (5') utility,
drainage, and irrigation easement located adjacent to the southern property line and a ten foot
(10') utility, drainage, and irrigation easement located adjacent to North Echohawk Lane.
Pursuant to Eagle City Code Section 9-3-6, unobstructed utility and drainage easements, with
a minimum total easement width of twelve feet (12'), are required adjacent to front, rear, and
side property lines. Since the parking lot area will contain a blanket utility, drainage, and
irrigation easement a wider easement will not be required adjacent to the southern property line
and North Echohawk Lane. The applicant should provide a revised final plat delineating a 12 -
foot wide public utility easement located adjacent to the East Hill Road and State Highway 55
right-of-ways. The revised final plat shall be provided prior to the City Clerk signing the final
plat.
• The final plat, date stamped by the city on November 30, 2017, does not contain a plat note
referencing that the development is subject to the conditions of development associated with
the rezone. The applicant should be required to provide a revised final plat with a new plat note
stating, "Development of this property shall be in conformance with Eagle City Code or as
pursuant to the development agreement associated with RZ-09-00 or any subsequent
modifications." The revised final plat should be provided prior to the City Clerk signing the
final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested combined
preliminary and final plat with conditions of approval as 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 January
16, 2018, at which time public 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 56:19)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They appreciated the fact that the applicant worked closely with the adjacent neighbors.
• A concern that ITD did not have any comments regarding the application due to the property's close
proximity to SH -55.
• It is good this commercial area is finally being developed since it has been vacant for so many years.
COMMISSIONS DECISION:
The Commission voted 4 to 0 (Koellisch absent) to recommend approval of the combined preliminary /final
plat for Piccadilly Village Subdivision No. 2 (Exhibit "A") for Old Town I, LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-09-00 and
any subsequent modifications.
2. Comply with all requirements of the City Engineer.
Page 7 of 13
K:\Planning Depi l agl o Applications\SUBS\2017\Piccadilly Village Sub No. 2 HI d ce
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 cross access/shared parking agreement to be reviewed and approved by the City Engineer
and staff prior to the City Clerk signing the final plat. Upon approval of the cross access/shared parking
agreement, the applicant shall record the cross access/shared parking agreement and reference the
instrument number on the final plat prior to the issuance of a building permit for the site.
5. Provide a revised final plat delineating a 12 -foot wide public utility easement located adjacent to the
East Hill Road and State Highway 55 right-of-ways. The revised final plat shall be provided prior to
the City Clerk signing the final plat. (ECC 9-3-6)
6. Provide a revised final plat with a new plat note that states, "Development of this property shall be in
conformance with Eagle City Code or as pursuant to the development agreement associated with RZ-
09-00 or any subsequent modifications." The revised final plat shall be provided prior to the City Clerk
signing the final plat.
7. Provide a copy of the CC&Rs with language stating that the landscaping, lighting, parking lot, and
other shared site improvements are to be maintained by one business owner's association. The CC&Rs
shall be reviewed and approved by the City Attorney and staff prior to the City Clerk signing the final
plat.
8. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
9. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
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.
Page 8 of 13
K:\I'lanning Dept11.aglt Applications\SUBS \21117\Piccadilly Village Sub No. 2 pifdocx
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 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.
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
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
Page 9 of 13
K:U'lanning Dept\Eaglc Applications\SUBS \ 2017\ Piccadilly Village Sub No. 2 pil docx
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. 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.
Page 10 of 13
K:\Planning Deptlliaik Applications\SUBS\2017\ Piccadilly Village Sub No. 2 pzCducx
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.
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.
21.
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.
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.
Page 11 of 13
K:\I'lanning Dept\Eagle Applications\SUBS\2017\I'iccadilly Village Sub No. 2 pzt:Jocx
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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary/final plat (PP/FP-03-17) 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 Mixed Use
land use designation of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would prevent
continuity;
d. That based upon agency verification of the affected agencies, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as set
forth within the conditions of approval herein.
2. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat (PP/FP-03-17) 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;
Page 12 of 13
K:\Planning Depth:aglc Applications\SUITS\21117\plccaddly Village Sub No. 2 pildocx
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.
DATED this 5th day of February, 2018.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
A � �.--4.0 k
Sharon K. Bergmann, Eagle Cit Clerk
1 1003°R4;••:'
•
• •
S•
EAL •
•. OF L� �',.•`
Page 13 of 13
K:\Planning Dept Baglc Application.ASUBS\2017\Piccadilly Village Sub No. 2 pztdacx