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Findings - PZ - 2024 - PP/FP-01-23 - Retail One Subdivision - Combined Preliminary Plat/Final Plat for Retail One Subdivsion
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A COMBINED PRELIMINARY PLAT ) /FINAL PLAT FOR RETAIL ONE SUBDIVISION ) FOR TPC COMMERCIAL,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP/FP-01-23 The above-entitled Combined Preliminary Plat/Final Plat application came before the Eagle Planning and Zoning Commission for their recommendation on February 20, 2024, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. 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: TPC Commercial, LLC, represented by Zach Turner with Rennison Design, is requesting combined preliminary plat and final plat approvals for Retail One Subdivision, a 6-lot (6- buildable) commercial subdivision. The 6.19-acre site is located at the northeast corner of State Highway 44 and South Edgewood Lane at 650 South Edgewood Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, on Thursday, September 7, 2023, on site in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on September 19,2023. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on September 26, 2023, 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 February 2, 2024. 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 February 2, 2024. The site was posted in accordance with the Eagle City Code on February 9,2024. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2007, the City Council approved a Comprehensive Plan Map Amendment, a rezone with development agreement, a vacation, and a preliminary plat application for Eagle Gateway Subdivision(CPA-02-06/RZ-08-06/VAC-01-06/PP-09-06). On January 12, 2016, the City Council approved a Comprehensive Plan Map Amendment and a rezone with a development agreement for East End Marketplace(CPA-05-15 &RZ-11-15). On March 24, 2023,the Design Review Board approved a master sign plan for the specialty retail store for TPC Commercial,LLC(DR-07-16). On April 14, 2023,the Design Review Board approved the common area landscaping within East End Marketplace,including a specialty retail store for TPC Commercial,LLC(DR-06-16). Page 1of13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail,One Subdivision(East End Market Place)PREP Working Files\Retail One Sub PZF.doc On September 8, 2023,the Design Review Board approved an apartment facility for Cottonwood Meadows within East End Marketplace for Pacific West Communities,Inc. (DR-42-16) E. COMPANION APPLICATIONS: A development agreement modification application for TPC Commercial, LLC (RZ-11-15 MOD). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-2-DA(Commercial- Vacant property General Business District with a Development Agreement) Proposed No Change No Change Proposed six(6)lot commercial subdivision North of site Commercial and Mixed MU-DA(Mixed Use with a Industrial Flex Use development agreement) Space,and Clock Tower Retail Center South of site Mixed Use MU-DA(Mixed Use) Commercial subdivision(Tennis Club Plaza Subdivision) East of site Mixed Use C-2-DA(Commercial- Vacant property General Business District and senior living with a Development facility Agreement) MU-DA(Mixed Use with a Development Agreement) West of site Downtown MU(Mixed Use)and MU- Office, DA(Mixed Use with a Commercial,Retail development agreement) Center G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. H. SITE DATA: Total Acreage of Site—6.19 Total Number of Lots—6 Residential—0 Commercial—6 Industrial—0 Common—0 Total Number of Units—0 Page 2 of 13 K:\Planning Dept Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files\Retail One Sub PZF.doc Single-family—0 Single-family attached—0 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre N/A N/A Minimum Lot Size 24,135-square feet 1,300-square feet Minimum Lot Width 120-feet 25-feet Minimum Street Frontage N/A N/A Total Acreage of Common Area N/A N/A Open Space Percent of Common Area Open N/A N/A Space as Active OS GENERAL SITE DESIGN FEATURES: Open Space: There are no common lots dedicated to open space. As part of the design review process, the applicant will be required to comply with landscaping requirements (associated with individual lots)pursuant to Eagle City Code Section 8-2A-7(B)(2). Storm 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 10-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—No. Preservation of Existing Natural Features: Staff is not aware of any natural features located within the site. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: See ACHD correspondence, date stamped by the City on September 26, 2023 (attached to the staff report). Page 3of13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP Working Filea\Retail One Sub PZF.doc Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500':None Cul-de-sac Design:N/A Sidewalks: A 5-foot wide detached sidewalk located adjacent to the northern property line. Five-foot-wide (5')detached sidewalks are proposed adjacent to the internal drive aisles. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards have been constructed abutting the interior drive aisles. 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 and City Council. Street Names:No new streets are proposed with this application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The following pathways and sidewalks are currently located within the site: • A 10-foot wide detached asphalt located along the southern property line. • A 10-foot wide detached concrete pathway located adjacent to the western property line. 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—No 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 O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required. Page 4 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files\Retail One Sub PZF.doc P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Eagle Sewer District Idaho Transportation Department City Engineer: All comments within the engineer's letter dated January 9, 2024, are of special concern(attached to the staff report). Eagle Historic Preservation Commission (HPC): All comments within the HPC email dated September 26,2023,are of special concern(attached to the staff report). Q. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The site will be constructed in a single phase. R. LETTERS FROM THE PUBLIC:None received as of this date. 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. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:None. C. SUBDIVISION CODE 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; Page 5 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files\Retail One Sub PZF.doc 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 (based on the preliminary plat and the final plat, date stamped by the City on September 19, 2023): • 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. • Plat note#6 of the preliminary and final plats states,"Direct lot access from collectors& arterials is prohibited unless approved by the Ada County Highway District,Idaho Transportation Department,and the City of Eagle. Current permitted access point(s)are shown hereon." The plat note should be revised to identify the specific collectors or arterials where access is prohibited. The applicant should be required to provide a revised final plat with plat note#6 revised to state,"Direct lot access from East State Street, South Edgewood Lane,and State Highway 44 is prohibited unless approved by the Ada County Highway District,Idaho Transportation Department,and the City of Eagle. Current permitted access point(s)are shown hereon."The revised final plat should be provided prior to the City Clerk signing the final plat. • The overall site development must comply with the requirements of Eagle City Code and the conditions of approval for a Design Review application PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record): https://eagle-id.granicus.com/player/clip/1839?meta_id=91677 A public hearing on the application was held before the Planning and Zoning Commission on February 20, 2024, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. A. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by three(3)individuals who indicated the following concerns: • A concern with traffic within the area due to number of restaurants(with drive through)proposed within the site. • There has been too much development within the immediate area. Page 6 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files\Retail One Sub PZF.doc • East State Street is not designed to handle the number of vehicles which will be exiting the site. • A signal will not be permitted at the intersection of South Edgewood Lane and East State Street due to the its proximity to the intersection of South Edgewood Lane and SH-44; therefore, the traffic on East State Street will back up while waiting to access South Edgewood Lane. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided. A summary of the deliberation can be found at the following link (Granicus time: 00:50:50): https://eagle-id.granicus.com/player/clip/1839?meta id=91677 COMMISSIONS DECISION: The Commission voted 4 to 1 (Guerber against) to recommend approval of PP/FP-01-23 for a combined preliminary plat/final plat for Retail One Subdivision (Exhibit "A" and Exhibit "B") for TPC Commercial, 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 application RZ-11-15 MOD. 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. The applicant shall provide a copy of the CC&Rs which contain language addressing the reciprocal cross-parking and cross-access for vehicle and pedestrian ingress-egress to the public right-of-way. The CC&Rs shall be submitted with the fmal plat application for review and approval by the City Attorney prior to the City Clerk signing the final plat. 5. Provide a copy of the CC&Rs with language stating that the landscaping, 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 fmal plat. 6. Provide a revised final plat with plat note #6 revised to state, "Direct lot access from East State Street, South Edgewood Lane, and State Highway 44 is prohibited unless approved by the Ada County Highway District, Idaho Transportation Department, and the City of Eagle. Current permitted access point(s) are shown hereon." The revised final plat shall be provided prior to the City Clerk signing the final plat. 7. The subdivision and buildings shall be designed with architectural elements in compliance with the Eagle Architecture and Site Design Book (EASD). The applicant shall submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site, with details showing how each building will compliment the others with said design elements. The master plan (including perimeter landscaping and parking lots) shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. (ECC 8-2A-1 and ECC 8-2A-12) 8. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2) Page 7 of 13 K:\Plaaning Dept\Eagle Applications\SUBS\2023Vtetail One Subdivision(East End Market Place)PPFP\Working Files\Retail One Sub PZF.doc 9. The Retail One Subdivision shall remain under the control of one (1) business owner's association. 10. The applicant shall be required to provide a copy of the CC&Rs which contains the following provisions: (a) An allocation of responsibility for maintenance of all community and privately owned pressurized irrigation facilities, service drive aisles, parking lots, and amenities. The repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the Agreement cannot be dissolved without the express consent of the city. (b) A requirement that all landscaped areas are to be privately owned but shall be described in and subject to a reciprocal easement allowing for common use by all property owners within the development. The Agreement shall provide that a designated property owner or group (i.e. business owner's association) shall have the duty to maintain and operate all the landscaped areas in a competent and attractive manner, including watering, mowing, fertilizing and caring for shrubs and trees in accordance with Eagle City Code, in perpetuity. (c) A requirement addressing the reciprocal cross-parking and cross-access for vehicle and pedestrian ingress-egress to the public right-of-way (d) A requirement that all parking areas shall be shared within the subdivision. The CC&Rs shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. 11. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Retail One Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. (ECC 8-6-7[B]) 12. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber Department prior to submittal of a final plat application. 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. 13. 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. 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. 1. 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. Page 8 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files\Retail One Sub PZF.doc 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. 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 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. 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 fmal 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. Page 9 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files\Relail One Sub PZF.doc 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 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. Page 10 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files'ltetail One Sub PZF.doc 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 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. Page 11 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023\Retail One Subdivision(East End Market Place)PPFP\Working Files\Retail One Sub PZF.doc 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. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary plat/final plat(PP/FP-01-23) 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; Page 12 of 13 K:\Planning Dept\Eagle Applications\SUBS\2023Utetail One Subdivision(East End Market Place)PPFP\Working Files\ltetail One Sub PZF.doc d. That based upon agency verification and additional written comments of the Ada County Highway District, Eagle Fire Department, and Eagle Sewer District, as conditioned herein, 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 fmal plat(PP/FP-01-23) 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. DATED this 4th day of March 2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chairman ,,,,,,,,,,,,,,,,,, ATTEST: .�' `l �..E 9 • Tracy E. 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