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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 ) ) ) ) ) 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. Page 1 of 13 I\EAGLE 1 ISYSISHARED\P&ZlEagle ApplieationslSUBSICasa Eseuela PP-3-97 ccf.doc 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 Page 2 of 13 lIEAGLEIISYSISHARED\P&ZlEagle ApplieationslSUBS\Casa EseueJa PP-3-97 eefdoc 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. Page 3 of 13 llEAGLE 1 ISYSISHARED\P&ZlEagle ApplieationslSUBSlCasa Eseuela PP-3-97 ccf.doc 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: Page 4 of 13 \IEAGLElISYSISHARED\P&ZlEagle AppliearionslSUBSICasa Eseuela PP-3-97 eefdoc 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: Page 5 of 13 lIEAGLElISYSISHARED\p&ZlEagle ApplicationslSUBS\Casa Eseuela PP-3-97 eef.doc 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. Page 6 of 13 lIEAGLEl\sYSISHARED\p&ZlEagle Applieations\SUBSICasa Eseuela PP-3-97 eefdoc 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 Page 7 of 13 I\EAGLE I\SYS\SHARED\P&ZlEagle AppJieations\SUBSICasa Eseuela PP-3-97 eef.doc 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 Page 8 of 13 I\EAGLE 1 \SYS\SHARED\P&ZlEagle Applieations\SUBSICasa Eseuela PP-3-97 ccf..doc 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 Page 9 of 13 \IEAGLEIISYS\SHARED\P&ZlEagle Applications\SUBSICasa Eseuela PP-3-97 eefdoc 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. Page 10 of 13 lIEAGLEl\SYS\SHARED\P&ZlEagle Applications\SUBSICasa Eseuela PP-3-97 cef.doc 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 Page 11 of 13 I\EAGLEI\SYS\SHARED\P&ZlEagle Applieations\SUBSICasa Eseuela PP-3-97 cefdoc 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. Page 12 of 13 llEAGLEl \SYS\SHARED\P&ZlEagle ApplieationslSUBSICasa Eseuela PP-3-97 eefdoc CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ATTEST: .",.......#. r fA.~' 'Co. ~.( :..~#... ,~... .. ... I I o~ ¡.~ '\, ~ : . ~ _.- \'!t!' :l . ~: " ... . ~ ' ~ \ ~SEAL£j i ';.. f06 ~.;:}"i": '\ d\.. ..2PRf" ,~ .i.£~ ~~ ~#..~.tJ. ..... h,.,.. ~-:> "« 'A~ 1.<\\~~~ '#'.~~ l:: Of "Y,," ""'4U"""" Page 13 of 13 I\EAGLE 1 \SYS\SHARED\P&ZlEagle Applieations\SUBSlCasa Eseuela PP-3-97 eef.doc