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
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)
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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
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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
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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
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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
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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:
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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)
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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.
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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
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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.
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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.
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DATED this 17th day of July, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, dah"lc..
John anden, Chairman
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