Findings - CC - 2000 - PP-12-00 - 26.9 Acre 23-Lot Commercial Subd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR TROLLEY
SQUARE SUBDIVISION FOR COULTER
PROPERTIES LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-12-00
The above-entitled rezone application came before the Eagle City Council for their action on
November 28,2000. The Eagle City Council having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of
Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Coulter Properties LLC, represented by Tom Bauwens of the Dakota Company
Inc., is requesting a preliminary plat approval for Trolley Square. The 26.9-acre,
23-10t commercial subdivision is located on the north side of State Street
approximately 1O0-feet east of Palmetto A venue.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 6,2000.
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 August 11,2000. 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 September 1, 2000. Requests for
agencies' reviews were transmitted on July 18, 2000 in accordance with the
requirements of the Eagle City Code.
D.
HISTORY OF PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: CU-12-00 (Trolley Square Shopping Center)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-2 (General Business Real estate office, 1
District) dwelling unit
Proposed No Change No Change Commercial/Retail
Shopping Center
North of site Residential Four & A (Agricultural) Residences / Vacant
Mixed Use
South of site Mixed Use MU (Mixed Use) Commercial Uses
East of site Public/Semi Publici PS (Public/Semi-Public) Eagle Academy School!
Commercial C-l (Neighborhood Commercial Uses
Business District)
West of site Central Business CBD(Central Business Commercial Uses
District District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 26.9-acres
Total Number of Lots - 23
Residential - 0
Commercial - 19
Industrial - 0
Common - 4
Total Number of Units -
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 O.4-acres (17,400 S.P.) 1,300 S.P.
Minimum Lot Width 50-feet 25-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area 3.3-acres 10% (2.7 acres) minimum
Percent of Site as Common Area 12.27% 10% (minimum)
I.
GENERAL SITE DESIGN PEA TURES:
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:
The applicant will provide a total of 12.27% of common area, 10% is the
minimum required.
Storm Drainage and Flood Control:
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.
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 - No
Preservation of Existing Natural Features:
Staff observed several groups of mature trees as well as numerous species of
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wildlife inhabiting the area in and around the Spoil Banks Canal.
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: Public
The Hill Road extension (as shown within the 2000 Comprehensive Plan on the
TransportationlPathway Network Map #1 as a collector) is proposed to be
constructed with the development of this parcel. The road design plans, which
includes a traffic round-about, are required to be approved by the Ada County
Highway District.
Applicant's Justification for Private Streets: None proposed
Blocks Less Than 500': none
Cul-de-sac Design: None proposed
Sidewalks:
The applicant is proposing a 5-foot wide meandering sidewalk abutting State
street as well as a 5-foot wide detached walk abutting the proposed Hill Road
extension. Sidewalks are proposed to adjoin the proposed residential uses to the
north.
Curbs and Gutters:
All required curbs and gutters abutting public streets shall meet Ada County
Highway District standards.
Lighting:
Lighting for the proposed public streets is required. Location and lighting
specifications shall be provided to the City Zoning Administrator prior to the City
Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Name Committee is required.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: see sidewalks above
Bike Paths:
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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 - 500 year
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: Spoil banks Canal - Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - Yes
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 City Engineer's letters dated August 10, 2000,
and August 24, 2000, are of special concern (see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Drainage District #2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No.2
Q.
LETTERS FROM THE PUBLICI ADDITIONAL INFORMATION:
Traffic Study by Dobie Engineering, Inc., dated August 21,2000.
Letter of September 5, 2000 from Jeff and Clare Chapple who reside at 978 Cembra
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Eagle, ill 83616
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 5 - Economic Development
a.
Implementation Strategies
f.
New commercial development outside of the Central Business District
should complement the Central Business District and Eagle's rural
identity.
g.
Encourage commercial growth adjacent to the Central Business District
and discourage isolated commercial development in outlying areas.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
b.
Implementation Strategies
f.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan
Land Use Map.
1.
Protect gravity flow irrigation systems including canals, laterals and
ditches to assure continued delivery of irrigation water to all land serviced
by such systems, to protect irrigation systems as a long range economical
method for water delivery and to coordinate surface water drainage to be
compatible with irrigation systems.
Chapter 7 - Natural Resources and Hazard Areas
c.
Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 12 - Community Design
d.
Goal
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B.
C.
D.
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
e.
Entry Corridors
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 often
times 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.
f.
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the
competitive environment should be discouraged.
Encourage the preservation of natural resources such as creeks, drainages,
steep slopes and ridgelines as visual amenities.
g.
ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
ECC Section 8-2A-6 (1)
Site Design Objectives: The site plan design shall minimize impact of traffic on
adjacent streets, provide for the pedestrian, and provide appropriate, safe parking
lot design. Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular,
pedestrian and bicycle traffic patterns;
e. The location, arrangement and dimensions of truck loading ramps,
docks, and bays and vehicle service facilities;
1. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
SUBDIVISION ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
ECC 9-4-1-10 (1) Natural or improved open channel drainageways shall be
preserved or provided for in major waterways; except, that at road crossings,
conduits may be permitted. Minor waterways shall be permitted to be enclosed in
conduits.
DISCUSSION:
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.
The applicant is proposing a "driveway" to connect from the proposed round-
about on Hill Road and extending to the eastern boundary line to match the
existing Academy Way stub street. The applicant is not requesting a private road,
(that staff is aware of) nor does the plat identify a driveway, easement or lot
permitting access to the public roads. ECC 9-3-2-5 (A) (6) states that no private
road shall connect one public street to another. In addition, a driveway, easement
or through lot would effectively function as a public road, connecting two public
rights-of-way. Therefore, the applicant should dedicate sufficient right-of-way to
provide a public road connecting Academy Way and Hill Road. If the City
Council determines that a thru-street connection is not needed to connect to
Academy way, then the applicant shall dedicate sufficient right-of-way to provide
an ACHD approved turn around at the western terminus of Academy Way.
. The proposed lot 14, block 3 appears to be intended for an easement for interior
parcels to gain access to the public streets. Also, the applicant should place a note
on the final plat stating that Lot 14, Block 3, shall be for the purpose of public
ingress/egress to the public streets for all abutting parcels.
2. Staff will provide detailed discussion regarding this proposed development during the
oral presentation at the Planning and Zoning Commission and City Council meetings.
ST AFF 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
September 25, 2000, at which time testimony was taken and the public hearing was closed.
The Commission continued this matter until October 2, 2000. The Commission made their
recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one person concerned with the placement of drive-thru restaurants.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one (not including the applicant/representative) .
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom and Franden absent) to recommend approval of
PP-12-00 for a Preliminary Plat for Trolley Square Subdivision with the site specific
conditions of approval and standard conditions of approval noted within their Findings of
Fact and Conclusions of Law Document dated November 6, 2000.
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PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application and a parallel conditional use permit application (CU-12-
00) was held before the Eagle City Council on November, 28 2000, at which time testimony
was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the Eagle City Council by five
individuals who expressed concern over construction traffic, landscape buffering between the
adjacent subdivision, and traffic through adjoining subdivisions.
C. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one
other than the applicant and their representative.
COUNCIL DECISION:
The City Council voted 3 to 0 (Guerber abstained) to approve PP-12-00 for a Preliminary
Plat for Trolley Square Subdivision with the following site specific conditions of
approval and standard conditions of approval including the recommendations of the City
Engineer and the Ada County Highway District.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with the conditions of approval for CU-12-00 - Trolley Square Shopping
Center.
2.
Provide an approval letter and an approved license agreement from Drainage District #2
regarding any drain ditch modifications prior to the City approval of a final plat.
3.
The applicant shall dedicate sufficient right-of-way to provide a public road connecting
Academy Way and Hill Road. If the City Council determines that a thru-street
connection is not needed to connect to Academy way, then the applicant shall dedicate
sufficient right-of-way to provide an ACHD approved turn around at the western
terminus of Academy Way.
4.
Place a note on the final plat stating that all lots shall have public ingress/egress access
to the public streets.
5.
Place a note on the final plat providing for cross access between all lots.
6.
Provide a public ingress/egress access easement note on the final plat granting access
from the western boundary of Lot 14, Block 3, to State Street.
7.
Change note #1 on the preliminary plat to state, "Lot lines shown on the final plat may
vary slightly from the lot lines shown on the preliminary plat if approved by the City
Council."
8.
Remove notes #2 and #3 from the preliminary plat. Place a note on the preliminary plat
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stating, "The final plat will be designed in substantial compliance with the preliminary
plat. "
9.
Comply with all site specific recommendations provided within the City's Engineering
firm's (Holladay Engineering) letters dated August 10,2000, and August 24,2000.
10. Specific site grading and drainage plans for the entire subdivision shall be reviewed and
approved by the City Engineer prior to City approval of a final plat. The plans shall
provide sufficient detail so the City Engineer can verify that the piping of the drain ditch
will not negatively impact the drainage and percolation of surface and irrigation water
on-site.
11. Design Review Board approval is required prior to removing any existing trees from the
site.
12. Design Review Board approval is required for this site and each individual pad site is
required.
13. All plan revisions as required by the above noted conditions shall be reviewed and
approved by the Zoning Administrator prior to City approval of a final plat.
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 title or other like satisfactory underground conduit to permit the
delivery of water to those landowners within the subdivision who are also within the
irrigation entity.
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
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12.
13.
14.
the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer prior to the City Engineer signing the final plat. All construction
shall comply with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the
City Engineer, for the purpose of installing and maintaining street light fixtures, conduit
and wiring lying outside any dedicated public right-of-way, prior to the City Engineer
signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
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 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
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
b.
c.
d.
15.
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.
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.' .
16.
17.
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.
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.
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 City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
20.
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".
21.
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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
23.
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.
24.
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.
25.
Basements in homes in the flood plain are prohibited.
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26.
27.
28.
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.
29.
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.
30.
Prior to submitting the final plat for recording, the following must provide endorsements
or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer,
Central District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
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 July 6,2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
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was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on August 11, 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 September
1, 2000. Requests for agencies' reviews were transmitted on July 18, 2000 in accordance
with the requirements of the Eagle City Code.
3. Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 11, 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 November 8, 2000.
4. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Eagle City Council makes the
following conclusions for the preliminary plat application PP-12-00 Trolley Square
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. That there are no known capital improvement programs for which this development
would prevent continuity;
d. That based upon the testimony and written comments of the Eagle Sewer District,
Eagle Fire District, and the Ada County Highway District, there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission 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 15 of 16
\\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Trolley Square ccf.doc
DATED this 9th day of January, 2001.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
ßk
Rick Y zagui , M yor
ATTEST:
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Page 16 of 16
\\EAGLENT1\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Trolley Square cd.doc