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Findings - PZ - 2000 - PPUD-2-00/CU-2-00 - Ppud- Fora 4-Pad Site Retail Shopping Center ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLAND CO. (DBA WINCO FOODS) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PPUD-2-00/CU-2-00 The above-entitled planned unit development preliminary development plan and conditional use permit applications came before the Eagle Planning and Zoning Commission for their recommendation on July 17, 2000. 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: Skyland Co., represented by Billy Ray Strite with BRS Architects, is requesting preliminary development plan and conditional use approval for a four- pad site retail shopping center including Winco Foods, Inc. The 14.3-acre site is located at 3101 E. State Street (located on the southwest corner of State Highway 44 and Horseshoe Bend Road extended). A prior application for a five-pad site was submitted and approved. On June 14,2000, the applicant submitted a request for a plan change from the original approval consisting of an increase in the Winco store size by approximately 14,000 square feet and the removal of a retail pad. The record from the original hearings is incorporated herein by reference. B. APPLICA nON SUBMITTAL: The applications for this item was received by the City of Eagle on February 29, 2000 and subsequently amended by letter received June 15, 2000. 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 March 17, 2000. 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 March 17, 2000. Requests for agencies' reviews were transmitted on March 1, 2000 in accordance with the requirements of the Eagle City Code. Subsequent to the request for plan modification further notice was made as follows: 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 June 30, 2000. 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 June 30, 2000. Requests for agencies' reviews were transmitted on June 30, 2000 in accordance with the requirements of the Eagle City Code. Page 1 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc D. HISTORY OF RELEVANT PREVIOUS ACTIONS: Under original application site had been previously approved by the Planning and Zoning Commission for a five pad retail site. E. COMPANION APPLICATIONS: N/a F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Mixed Use C-2 (General Business Vacant District) and MU (Mixed Use) Proposed No Change No Change Commercial North of site Commercial C-3 (Highway Business Commercial District) South of site Mixed Use R-4 (Residential) Residences East of site Outside of Eagle's Area M-U (Garden City's Mixed Vacant of Impact Use designation) West of site Mixed Use C-2 (General Business Vacant District) and MU (Mixed Use) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 14.3 Total Number of Lots - 3 parcels (developed as one site) Residential - 0 Commercial - 1 Industrial - 0 Common - 0 Total Number of Units - None proposed with the preliminary Development Plan Single-family - 0 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre N/a N/a Minimum Lot Size 14.3-acres (622,908 square MU Zone - 7,000 sq. ft. feet) C-2 Zone - 1,300 sq. ft. Minimum Lot Width 1,040-feet (approx.) MU Zone - 50-feet C-2 Zone - 25-feet Minimum Street Frontage nla n/a Total Acreage of Common Area O-acres O-acres Percent of Site as Common Area 0% 0% Note: The site is comprised of 3 parcels, however, since the site is being developed as a whole (one development under single ownership) the above noted site data is based on the site being one lot. I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The applicant is proposing a 50-foot wide (average) landscape buffer area with pathway (similar to the buffer area required in ECC Section 8-2A-7 (J)(4)(c) for residential developments abutting principal arterials) along the southern portion of the site extending from the southwest corner eastward approximately 400-feet. From this point the pathway and a reduced buffer area are proposed to extend to the southeast corner of the site. The applicant is required to submit a master landscape plan for review and approval by the Design Review Board prior to approval of any final development plans, and landscape plans for each proposed pad site development are to be reviewed and approved as a part of any individual design review application. Open Space: Eagle City Code does not provide for a minimum area of open space for non-residential development. However, minimum landscape requirements will need to be met upon review of individual design review applications for the site. The applicant is providing over 2.5-acres of land for the landscape areas within the site. Storm Drainage and Flood Control: Street drainage plans are required to be submitted by the applicant as required by the Subdivision Ordinance. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&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 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.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. Cross Access: The applicant is proposing two cross access easements to the property to the west. 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: Staff counted approximately 15-mature trees existing on the site. Design Review Board approval is required prior to the removal of any trees from the site. 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. 1. STREET DESIGN: Private or Public Streets: No new streets are proposed within this site. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': N/a Cul-de-sac Design: N/a Sidewalks: A 6-foot wide sidewalk is proposed along the northern portion of the site abutting State Highway 44 and an 8-foot wide pathway is proposed along the southern portion of the site running along the Dry Creek Canal. Curbs and Gutters: Curbs and gutters located in the public right-of-way are to be constructed in accordance with the requirements of the Ada County Highway District and the Idaho Transportation Department. Lighting: Lighting for the parking areas is required. Location and lighting specifications shall be provided to the Zoning Administrator prior to the City Engineer signing the final plat. Street Names: N/a K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways and Bike Paths: (See comments under sidewalks above.) Page 4 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc L. PUBLIC USES PROPOSED: None 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 - yes (500-year) Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown 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: City Engineer: All comments within the Engineer's letter dated March 8, 2000, are of special concern (see attached). Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District Eagle Water Company Q. LETTERS FROM THE PUBLIC: None received to date R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant states that construction is proposed to begin within approximately 18-months after approval and the entire project is to be phased over a 5-year (approx.) period. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. Page 5 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 8. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 9. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 5.5 Implementation Strategies f. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural residential identity. h. Promote additional employment opportunities and expand the economic base by a) encouraging growth and expansion of existing businesses and industry and b) attracting additional business and industry so residents will be provided with adequate commercial services and facilities. 12.2 Goal Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. 12.3 Entry Corridors Page 6 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc Entryway corridors are arterial roadways that introduce both visitors and residents to Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and 55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial signage and building character provide the first, and oftentimes the most lasting impressions of the entire community. The City of Eagle has the responsibility to guide development and redevelopment that occurs along these entryway corridors. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings, more extensive landscaping and fewer points of access may be required. The design review process will afford the opportunity to address the special features of each property and facility in a manner that will best address the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the look of berms built adjacent to the Banbury and Lexington Hills Subdivisions. . LAND USE MAP - MIXED USE - All of this site is within the area designated as Mixed Use. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-6-6-3 - Requires all final development plans to be reviewed by the Planning and Zoning Commission as well as the City Council. . The zoning on the northern half of the site is C-2 (General Business District) and the zoning on the southern half of the site is MU (Mixed Use). A shopping center (as proposed with this site) requires a conditional use permit in both MU and C-2 zones. . ECC Section 8-6-5-5: ARRANGEMENT OF COMMERCIAL USES: The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) D. DISCUSSION: . Staff believes that a shopping center with a large single entity anchor business (Winco Foods) located in this area will compliment the downtown (as encouraged within the Comprehensive Plan). A use such as the proposed food and beverage sales will act as a destination location for many consumers outside of the City of Eagle. It is staff s opinion that the way this use will compliment the downtown is that it will attract new consumers to Eagle. It is then possible that these consumers will venture into the downtown and discover a quaint shopping environment (downtown businesses) that they may have never been exposed to if it weren't for the addition of a new, larger businesses that adds to a community's desirability and retail depth that many people seek. Therefore, staff recommends that the proposed 78,000 square foot (approx.) anchor building Page 7 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc plus and additional 14,000 square foot (approx.) increase as requested, be allowed, however, the conditional use permit should limit the use to food and beverage sales as proposed (as defined in Eagle City Code Section 8-1-2). If the use were proposed to change in the future then a new conditional use permit would be required to assure any new use would comply with the Comprehensive Plan and Eagle City Code. . Final development plans should be reviewed as "New Business" items and not as "Public Hearing" items unless the City determines that any difference between the preliminary development plan and final development plan needs additional public comment because of possible impacts to surrounding property owners or the community. If the City determines that a public hearing should be held on the final development plan, notice should be provided for (as was required for the preliminary development plan). . It is not shown on the plan, however, the applicant has stated that cross access will be provided to the property to the west. The applicant should be required to provide a revised preliminary development plan showing the proposed cross access driveway locations (minimum of two) for review and approval by staff prior to the City processing the final development plan application. . The portion of the buffer area located along the south side of the Winco building extending from the southwest corner eastward approximately 400-feet should be constructed as outlined in ECC Section 8-2A-7 (J)(4)(c), which is the buffer area required between new residential developments and principal arterials. Design Review Board approval of this buffer area (including all other landscaped areas within the site) will be required prior to the City processing the final development plan application. . Staff has reviewed the particular facts and circumstances of this proposed preliminary development plan and conditional use and, in terms of Eagle City Code Section 8-6-6-2 (C) and 8-7-3-2 (required findings for approval of a conditional use), has made the following conclusions: The proposed preliminary development plan and conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for the C-2 and MU zoning districts since a shopping center is shown as needing approval of a conditional use permit in the C-2 and MU zoning districts on the "Official Schedule of District Regulations" chart of that section; B. Will be in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community since the development will attract new consumers to the area which will increase business in the community; C. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are no inconsistencies with the Comprehensive Plan and since the development will be required to meet conditions of a design review application; D. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the development will be required to meet the City's design review requirements and the conditions noted herein; E. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is primarily surrounded by existing commercial uses and since the proposed development will be Page 8 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc adequately buffered from the residential use to the south; F. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; 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 responses received by agencies providing the public services G. Will not create excessive additional requirements at public cost for public facilities and services; H. Will not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors as long as the conditions herein and all design review conditions are complied with; Will have vehicular approaches to the property which are designed as to not create an interference with traffic on surrounding public thoroughfares since they are required to be reviewed and approved by the highway district having jurisdiction and since they are subject to the conditions herein; and I. J. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance since, other than the existing trees which require design review approval prior to being removed, none are apparent on this site. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends 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 April 3, 2000. Testimony was taken, the public hearing was closed, and the Commission made their recommendation at that time. A second public hearing was held before the Planning and Zoning Commission on July 17, 2000 at which time additional testimony was taken, the public hearing was closed and the Commission made their decision. B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission at the April 3, 2000 hearing, by one (1) individual who voiced concerns regarding excessive speeds in the area, difficulty turning, and numerous accidents that have occurred at the location of Highway 44 and Horseshoe Bend Road; concerned with the floodplain location of this property; would like street lighting installed; feels there will be high noise and traffic flow; does not want the store to be located on this site; discusses ground drainage and that if the area is paved it will cause problems. At the July 17, 2000 public hearing two (2) individuals testified against the applications. Their opposition was based upon traffic concerns, both speed and congestion, access to sewer and water for the site, water drainage and a concern over possible fuel spills from a potential fuel island on one of the retail pads. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission at the April 3, 2000 hearing, by one (1) individual (not including the applicant/representative) who stated that he is in full support of this project. At the July 17,2000 public hearing one (1) individual testified in support of the project. D. Oral testimony neither in favor nor in opposition to the application was presented to the Planning and Page 9 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc Zoning Commission by a representative from ACHD who commented on highway signalization and discussed ACHDIITD jurisdiction over State Highway 44 and Horseshoe Bend Road. COMMISSION DECISION: The Commission voted 3 to 0 (two absent) to recommend approval of PPUD-2-00/CU-2-00, as amended by applicant's letter dated July 14, 2000 (Winco Foods, Inc. Shopping Center) with the following staff recommended site specific and standard conditions of approval with text shown with underline to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: ..L The 78,000 square foot (approx.) building, plus the 14.000 square foot (approx) addition. (for a total size of 92.000 square feet), within this shopping center site (currently proposed as Winco Foods) shall be limited to a food and beverage sales use as defined in ECC Section 8-1-2, except that a maximum of 3.000 contiguous square feet may be used for other ancillary retail activity. 2. The pad sites along State Highway 44 and Horseshoe Bend Road abutting this site shall be permitted for any use allowed in the C-2 zoning designation. 3. City approval of a design review for this site is required. 4. Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way between this site and the edge of pavement along State Highway 44 to be landscaped. 5. An approval letter from Dry Creek Ditch Company approving the proposed landscaping within their easement area shall be provided to the City prior to issuance of any building permits. 6. Provide a revised preliminary development plan showing the proposed cross access driveway locations (minimum of two) for review and approval by staff prior to the City processing the final development plan application. 7. The portion of the buffer area located along the south side of the Winco building extending from the southwest corner eastward approximately 400-feet shall generally be constructed as outlined in ECC Section 8-2A-7 (J)(4)(c), however, the buffer area width may be decreased to 50-feet. 8. Comply with the conditions noted in the March 8, 2000, letter from the City Engineer. 9. Design Review Board approval is required prior to removing any existing trees from the site. 10. The pathways and meandering sidewalks shall be constructed in the locations generally as shown on the Preliminary Development Plan submitted to the City with this application. 11. Minor site modifications shall be permitted if approved as a part of any design review for the site. 12. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. 13. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 14. The landscaping for this shall be approved generally as shown on Exhibit "An date stamped by the City on April 17. 2000. or as may be amended by the Design Review Board. 15. There shall be 2 points for cross access to the east f,!enerally as shown in Exhibit "An. The proposed access to State Street to the east of Pad 1 shall not be constructed at this time and shall be landscaped generally as shown on Exhibit "An until a traffic signal is warranted. approved by lID/ ACHD and installed on State Street at the northwest entrance of this site (entrance west of Pad 1 as shown on Exhibit "An) . Page 10 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc 16. The proposed entrance located on the west side of Pad 1 shall be designed as a right-in/right-out driveway. constructed with an on-site channelizing island "pork chop" to prevent left-hand turns. This driveway may be permitted to be full-access only if a traffic signal is installed on State Street at this location. 17. Install acceleration and deceleration lanes on State Street for the driveway located near the northwest corner of the site. 18. The data used in determining the floodplainlfloodway for this site shall be based upon the FEMA maps in affect at the time of City Council approval of a final development plan. 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. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs flfSt. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs flfSt. 6. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs flfSt. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. Page 11 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc 8. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 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 flfst 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 prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded 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 issuance of any building permits or Certificate of Occupancy, whichever occurs flfSt. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs flfSt. 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 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 (Le.; Commercial, b. c. Page 12 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc 20. 21. 22. d. 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 or certificate of Occupancy, whichever occurs first. The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs flfSt. 13. 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 issuance of a building permit or Certificate of Occupancy, whichever occurs flfSt. 14. 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 issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs flfSt. 16. 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 issuance of a building permit or Certificate of Occupancy, whichever occurs flfSt. 17. 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 issuance of a building permit or Certificate of Occupancy, whichever occurs flfSt. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, 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. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 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 advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Page 13 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc 23. 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 conftrmation of any change from the City of Eagle. 24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning Commission approval date). 25. 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. CONCLUSIONS OF LAW: A. The applications for this item were received by the City of Eagle on February 29, 2000 and supplemented by letter dated July 14, 2000. B. 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 March 17, 2000. 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 March 17, 2000. Requests for agencies' reviews were transmitted on March 1, 2000 in accordance with the requirements of the Eagle City Code. A second 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 June 30, 2000. 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 June 30,2000. Requests for agencies' reviews were transmitted June 30, 2000 in accordance with the requirements of the Eagle City Code. C. In accordance with Eagle City Code findings for a planned unit development preliminary development plan and a conditional use permit the Eagle Planning and Zoning Commission makes the following conclusions for PPUD-2-00/CU-2-00 (Winco Foods, Inc. Shopping Center), as proposed with the conditions recommended herein: The proposed preliminary development plan and conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for the C-2 and MU zoning districts since a shopping center is shown as needing approval of a conditional use permit in the C-2 and MU zoning districts on the "Official Schedule of District Regulations" chart of that section; B. Will be in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community since the development will attract new consumers to the area which will increase business in the community; C. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are Page 14 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc no inconsistencies with the Comprehensive Plan and since the development will be required to meet conditions of a design review application; D. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the development will be required to meet the City's design review requirements and the conditions noted herein; E. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is primarily surrounded by existing commercial uses and since the proposed development will be adequately buffered from the residential use to the south; F. Will be served adequately by essential public facilities such as highways, streets, police and fIfe protection, drainage structures, refuse disposal, water and sewer, and schools; 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 responses received by agencies providing the public services G. Will not create excessive additional requirements at public cost for public facilities and services; I. H. Will not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors as long as the conditions herein and all design review conditions are complied with; Will have vehicular approaches to the property which are designed as to not create an interference with traffic on surrounding public thoroughfares since they are required to be reviewed and approved by the highway district having jurisdiction and since they are subject to the conditions herein; and J. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance since, other than the existing trees which require design review approval prior to being removed, none are apparent on this site. Page 15 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc DATED this 14th day of August, 2000. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Id 0 :)44L- ATTEST: .~I:,U""""""'. ...t"" Or- lJ:?,,:, ""'¡to ~:v <1, -<.(.¡¡;"",> '". ~.. ~->- ~-'1re1J~",., t, ,>' <'. !J' ",- ~I"c '.,~" '" /, -;. ::f (j r_'C '" 0 1: "\, "-." '::. :: .f,~" ~ '-.1 ., - -' ';",. .~r ~.. ¿:.,\ ",ç. -, ~ ~; '-,- " ,"y.. I} => '.l :;: ~'7~~ - .' : ~:. ~ç, \("~;" :: \ ~:b~~:;:./, " i \.,ç'" '-"',"';' .,. .~~~i::~.¡;~ ;L~.:~:~,:~ .~~/. Page 16 of 16 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2000\PPUD-O2-00 2nd hearing (amended) pzf.doc --------- ,- ------ - --- - ------