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Findings - PZ - 2000 - PP-4-00 - Preliminary Plat For Aquila Subd/7-Lot Commercial/5.61 Acre ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT FOR AQUILA COMMECIAL SUBDIVISION FOR EAGLE VILLAGE LLC ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-4-00 The above-entitled preliminary plat application came before the Eagle Planing and Zoning Commission for their recommendation on June 19, 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: Eagle Village, LLC, represented by Jack Coonce with Oppenheimer Development Corporation, is requesting preliminary plat approval for Aquila Subdivision. The 5.61- acre, 7-lot commercial subdivision is located on the northwest comer of State Street and Palmetto Avenue. B. APPLICATION SUBMITTAL: The applications for this item was received by the City of Eagle on May 4, 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 June 3, 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 2, 2000. Requests for agencies' reviews were transmitted on May 19,2000 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 12, 1998, the City Council approved a lot split (LS-I-98) for this site. On April 13, 1999, the City Council approved the design review application (DR- 7-99) for two office buildings located on this site. E. COMPANION APPLICATIONS: None Page 1 of 11 \\EAGLENT1\COMMON\Planning Dept\Eag1e Applications\SUBS\2000\Aquila pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD (Central Business Offices District) Proposed No Change No Change Office and Commercial uses North of site Residential Four (4-units R-4 (Residential) Residences/ Post Office per acre maximum) South of site Central Business District CBD (Central Business Mobile Home Park and District) Apartments East of site Commercial C-2 (General Business Veterinary Clinic/Future District) Sewer District Building West of site Central Business District CBD (Central Business Eagle City Library/ Bank District) with Drive-up window G. DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development Area. H. SITE DATA: Total Acreage of Site - 5.61-acres Total Number of Lots - 7 Residential - 0 Commercial - 7 Industrial - 0 Common - 0 Total Number of Units - N/a Single-family - 0 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 11 \\EAGLENTl\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Aquila pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre N/a N/a Minimum Lot Size 6,550-square feet 500-square feet Minimum Lot Width 62.62-feet 25-feet Minimum Street Frontage N/a N/a Total Acreage of Common Area O-acres O-acres Percent of Site as Common Area 0% 0% I. 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. Open Space: Individual lots within this subdivision will be required to have a minimum of 10% landscaping. The landscape design will be reviewed by the Design Review Board with individual design review applications for each lot. The sidewalk, grassy swale, street trees, and street lights required along State Street and Palmetto A venue were previously installed when the City Library and Post Office buildings to the north were constructed. Storm Drainage and Flood Control: The applicant as required by the Subdivision Ordinance has submitted street drainage plans. 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. 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. The applicant states that all utilities are currently existing on site. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System (yes or no) - no Page 3 of 11 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Aquila pzf.doc Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site 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: Private or Public Streets: N/a Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: N/a Curbs, gutters and sidewalks: existing Lighting: Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: N/a K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: 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. 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 - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Page 4 of 11 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Aquila pzf.doc O. P. Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required 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 May 9, 2000 are of special concern (see attached). Central District Health Division of Environmental Quality Drainage District #2 - Ringert Clark Eagle Fire Department Eagle Sewer District Q. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) c. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-3-6 (A) EASEMENTS, states in part: Total easement width shall not be less than twelve feet 02'). D. DISCUSSION: . This site is developed with three multi-tenant office buildings (post office and library are located on separate parcels). Required improvements such as sidewalks, paving, landscaping, and street lights were previously installed when the Eagle City Library, Eagle Post Office, and multi-tenant office buildings were constructed. 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: Page 5 of 11 \\EAGLENT1\COMMON\Planning Dept\EagIe Applications\SUBS\2000\Aquila pzf.doc A. A public hearing on the application was held before the Planning and Zoning Commission on June 19, 2000. Testimony was taken, the public hearing was closed, and 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 (not including the applicant/representative). COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of the subdivision with the following staff recommended site specific and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROV AL: 1. Comply with all requirements within the City Engineer's letter dated, May 9,2000, with the exception of the 35-foot minimum lot front requirement. 2. All ingress-egress access easements noted on the preliminary plat shall include the word "public" in place of the word "reciprocal". 3. Change the width of the easement in note #2 on the preliminary plat to 12-feet. 4. Place a note on the final plat providing for cross access between all parcels. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4) Page 6 of 11 \\EAGLENT1\COMMON\Planning Dept\Eagie Applications\SUBS\2000\Aquila pzf.doc 7. 8. 9. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 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 manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. 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. Page 7 of 11 \\EAGLENTl\COMMON\Planning Dept\Eagie Applications\SUBS\2000\Aquila pzf.doc 13. 14. 15. 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. 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 approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. The proposed file 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 file area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (Le.; 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 file 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 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 Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle Page 8 ofll \\EAGLENTl\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Aquila pzf.doc 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. 20. 21. 22. 23. 24. 25. Basements in homes in the flood plain are prohibited. 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. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 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. 26. 27. 28. 29. Page 9 ofll \\EAGLENTl\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Aquila pzf.doc 30. Prior to rior to rior to rior to t 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. 31. 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: 1. The application for this item was received by the City of Eagle on May 4, 2000. 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 June 3, 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 2, 2000. Requests for agencies' reviews were transmitted on May 19, 2000 in accordance with the requirements of the Eagle City Code. 3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Planning and Zoning Commission makes the following conclusions for the preliminary plat application PP-4-00 Aquila 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 and 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, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. This development is in continuity with the capital improvement program since the required public improvements have been installed on the site, or are expected to be installed with development of individual lots as conditions of design review approval; d. That based upon agency verification and additional written comments of the Eagle Fire District and the Ada County Highway District, or as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission and Council'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. Page 10 of 11 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Aquila pzf.doc DATED this 17th day of July, 2000. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, dah"lc.. John anden, Chairman ..'*'"""f:1J. ~ Op N 11".# "...." 4 1'. ¡~Æ '?'~""J' AQST: ~~ ~'\...." ~., ...I'j~"'"J.'."oo. ~.'!."..:".l"" ,} J. ./! " ,'.'.. '"p ., ::(j,~ "'Oll "",-:. (~\¿, aB~~ .tvO~'~ . ¡¡2'<,'~~ ~ ~.' . ~, , -o,¡:;þ " "I'" " Sharori'-Moore, Eagle City Cle k ¥~ 1"'{ ì,-:-\, ~.:~; Þ I .:-J ;'\ .~ \;}j~I¡~::; :.ji~~l Page 11 of 11 \\EAGLENTl\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Aquila pzf.doc