Findings - CC - 1998 - PP-3-97&FP-10-97 - Pp & Fp Casa Escuela/Commercial Subd
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A COMBINED PRELIMINARY AND
FINAL PLAT FOR CASA ESCUELA FOR A
COMMERCIAL SUBDIVISION FOR THE
MERIDIAN SCHOOL DISTRICT NO.2
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-3-97/FP-l 0-97
The above-entitled preliminary plat and final plat applications came before the City Council for
their recommendation on January 27, 1998. The Eagle City Council having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Meridian School District No.2, represented by Darren Leavitt with Arrow Land
Surveying, is requesting preliminary and final plat approval for a 8.13-acre, 9-10t
(6-bui1dab1e) commercial subdivision. The site is located on the north side of
East State Street and along the east side of Academy Avenue approximately 800-
feet west of Edgewood Lane.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on November
12, 1997.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on November 28, 1997. Notice of
this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 24, 1997. Requests
for agencies' reviews were transmitted on November 13, 1997 in accordance with
the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City ordinances on January 9,1998. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on January 8, 1998.
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D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
The City approved a conditional use permit and design review for the Eagle
Academy School.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing CommerciaV PublicI C-l (neighborhood Vacant land & Eagle
Semi-Public business district) & PS Academy School
(publicI semi-public)
Proposed No change proposed No change proposed Commercial uses allowed
within a C-l zone
North of site Medium Density A (agricultural) Vacant
Residential
South of site Commercial R-1 (residentia1)1 MU Residential and
(mixed use) I M-l (light Commercial uses
industrial)
East of site Medium Density R-4 (residential) Residences
Residential
West of site Commercial C-2 (general business Commercial use
district)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 9.06
Total Number of Lots - 9
Residential - 0
Commercial - 6
Industrial - 0
Common - 2
Public - 1
Total Number of Units - N/a
Sing1e- family - 0
Duplex - 0
Multi-family - 0
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Total Acreage of Any Out-Parcels - N/a
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/a N/a
Minimum Lot Size 18,730 sq. ft. 2,000 sq. ft.
Minimum Lot Width 86-feet 25-feet
Minimum Street Frontage 86-feet N/a
Total Acreage of Common Lots .35-acre N/a
Percent of Site as Common Area 3.8% N/a
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3- 7(a) requires 20-foot wide landscape strips to screen
adjacent incompatible features such as highways, railroads, commercial or
industrial uses from proposed residential properties.
An existing fence, combined with a dense planting of coniferous trees along the
east border of the proposed subdivision, buffer this site from the abutting
residential district and residences to the east. Also, each future commercial
development within this site will be required to comply with the City's landscape
requirements as a part of a design review application.
Open Space:
Will provide a total of 3.8% of common area. (0% required)
Storm Drainage and Flood Control:
Street drainage plans for Academy Avenue were approved when the Eagle
Academy School was built.
Specific drainage system plans (for the entire subdivision) 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&R's 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.
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12
feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Other than existing trees, 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 which would be
required to be preserved. If during excavation or development of the site, any
historical artifacts are discovered, state law requires immediate notification to the
state.
J.
STREET DESIGN: Note: The street within this application(Academy Avenue) was
previously approved.
Private or Public Streets: public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None proposed
Cul-de-sac Design: N/a
Sidewalks:
A 5-foot wide sidewalk is existing along the east side of Academy Avenue
extending from Lot 1, Block 1 to Lot 6, Block 1
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are
existing.
Lighting:
Lighting for the proposed public street is required, and locations and
specifications shall be reviewed and approved by the Zoning Administrator prior
to the City Engineer signing the final plat.
Street Names: The previously approved street name is "Academy A venue"
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
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Q.
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in
all subdivisions as part of the public right-of-way or separate easement, as may be
specified by the City Council. The existing roadway is wide enough to allow for
bicycle use and no specific pathway is proposed.
L.
PUBLIC USES PROPOSED:
Eagle Academy School is located on proposed Lot 7, Block 1.
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
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
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A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
c.
SUBDIVISION CODE PROVISIONS
REGARDING THIS PROPOSAL:
WHICH
OF
SPECIAL
CONCERN
Section 9-3-6 (A)
Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall not be
less than twelve feet (12')
D.
DISCUSSION:
. Per ECC, minimum easement widths should be 12-feet.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommended approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 15, 1997, at which time testimony was taken and the public hearing was closed.
The Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by no one.
C. Oral testimony in favor of the application was presented by no one.
COMMISSION RECOMMENDATION:
The Commission recommended approval of the subdivision with the site specific and standard
conditions of approval shown within the Planning and Zoning Commission
Findings/Conclusions dated January 5, 1998.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 27, 1998, at
which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in opposition to the application was presented by no one.
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C. Oral testimony in favor of the application was presented by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Merrill abstaining) to approve the subdivision with the following site
specific and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all Engineering fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
2. Comply with all applicable requirements ofthe City Engineer.
3. All easements shall be a minimum of 12-feet wide.
4. Construct a 5-foot wide meandering sidewalk along the entire site on State Street.
5. Place a note on the face of the final plat stating that Lot 1, Block 3, is designated common
area to be owned and maintained by the owner of Lot 7, Block 1.
6. The CC&R's for the subdivision shall grant Meridian School District No.2 right of access to
Lot 1, Block 2, for maintenance of the lot.
7. Upon review of any Design Review applications for any development proposed for the
subdivision the Design Review Board shall require 3-inch minimum caliper trees to be
planted along Academy Avenue. The trees shall be planted with a maximum separation of
35-feet, they shall be a maximum of 5-feet from the back of the sidewalk, and they shall be a
type of tree (to be determined by the Design Review Board) which will provide a canopy
over Academy Place but will have a root system that will not damage the sidewalk upon
maturity.
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
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required prior to the City Engineer signing the final plat (1.c. Title 50, Chapter 13 and
1.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
(B.c.c. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems
placed on the street side of the home.
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 title 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.
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&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.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, 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
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12.
14.
15.
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.
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.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
13.
The applicant shall 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.
An approva11etter 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.
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..
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 for non-residential uses
(ie; Commercial, Industrial, Schools, etc.). Flow rates shall 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.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
b.
c.
d.
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
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20.
21.
22.
23.
24.
25.
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.
16.
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.
17.
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.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor 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.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
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".
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.
The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
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.
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.
Basements in homes in the flood plain are prohibited.
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26.
27.
28.
29.
30.
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.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
obtain written confirmation of any change from the City of Eagle.
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 ofthe 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 by a performance bond in the amount of 110% of the
total estimated cost for completing any required improvements (150% for required
landscaping) prior to the City Engineer signing the final plat. The financial guarantee
may also be a cash deposit, certified check, or negotiable bond. Bonding shall be in
accordance with ECC 9-4-2-2.
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.
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.
CONCLUSIONS OF LAW:
1. The applications for these items were received by the City of Eagle on November 12, 1997.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on November 28, 1997. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November
24, 1997. Requests for agencies' reviews were transmitted on November 13, 1997 in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
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accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 9, 1998. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 8, 1998.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the City Council makes the following
findings for the preliminary plat and final plat application PP-3-97/FP-10-97, Casa Escue1a
Subdivision, as proposed with the conditions recommended herein:
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, with
the site specific and standard conditions of approval, and since the proposed
commercial use is in accordance with the commercial land use designation of this
area shown within the comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as
highways, streets, police and fire protection, 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 the testimony and written comments of the Eagle Sewer District,
Eagle Water Company, Eagle Fire District, and the Ada County Highway District,
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 final plat approval as set forth within the conditions of approval above.
DATED this 10th day of February, 1998.
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CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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