Findings - CC - 2000 - PP-11-00 - Eagle Forum Subd/5.95 Acre/5-Lot Commercial Subd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR EAGLE
FORUM SUBDIVISION
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-ll-OO
The above-entitled rezone application came before the Eagle City Council for their decision on
October 17, 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:
Waldron/Graharn/Eagle Gravel Corporation, represented by Mark Butler with
Land Consultants Inc., is requesting preliminary plat approval for Eagle Forum
Subdivision. The 5.95-acre, 5-10t commercial subdivision is located east of Eagle
Pavilion Shopping Center at the southeast corner of 2nd Street and Cedar Ridge
Drive.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 6,2000.
8 l/2" x 11" Vicinity Map
24" x 36" Preliminary Plat
Application Justification Letter
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 August 11,2000. Requests for agencies'
reviews were transmitted on July 18, 2000 in accordance with the requirements of
the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City ordinances on September 23, 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 19, 2000. Requests for agencies' reviews
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were transmitted on July 18, 2000 in accordance with the requirements of the
Eagle City Code.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS:
On October 13,1998, the Eagle City Council approved the Eagle Pavilion
Subdivision. This property is a portion of the Eagle Pavilion Subdivision. (Block
1, Lot 7).
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business CBD-DA (Central Vacant
District Business District-
Development Agreement)
Proposed No Change No Change Use Permitted or by
Conditional Use in a
CBD (Central Business
District) Zone
North of site Central Business CBD (Central Business Senior Housing
District District)
South of site Public/Semi Publici C-3-DA (Commercial- Vacant
Central Business Development Agreement)
District
East of site Public/Semi Publici CBD (Central Business Vacant
Central Business District)
District
West of site Central Business CBD-DA (Central Eagle Pavilion
District Business District- Subdivision/ Shopping
Development Agreement) Center
G.
DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development
Area).
H.
SITE DATA:
Total Acreage of Site - 5.95-acres
Total Number of Lots - 5
Residential - 0
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Commercial - 5
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
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A N/A
Minimum Lot Size 39,838 square feet 500 square feet
Minimum Lot Width 179 + feet 25 feet
Minimum Street Frontage Lots 2,4 and 5 are land locked N/A
Total Acreage of Common Area 0 -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 indi vidual design review applications for each lot.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to submit 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, any 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
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~--- ~~---- ~ -~ ------ - ------~ ~-~-~
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 (yes or no) - no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved. Existing trees on the site shall be retained. Retention will be addressed upon
Design Review.
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: Cedar Ridge Road exists to the North and State Highway 44 is
to the South (there is no access from State Highway 44). An access easement is located
to the West. Lot 2, Lot 4 and Lot 5 have no access to any existing street or access
easement. These parcels of land are and locked. Access ways will need to be designated
as "ingress and egress" easements granted to the public.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks: Pedestrian access has not been provided on the site. Staff recommends that
location of a pedestrian access should be part of the design review application.
Curbs and Gutters: N/ A
Lighting: Location and lighting specifications shall be provided to the City Zoning
Administrator prior to the City Engineer signing the final plat.
Street Names: No new streets are proposed.
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P.
Q.
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 - Yes, Will comply with conditions previously placed on this site as a lot
within Eagle Pavilion Subdivision.
Mature Trees - Yes, Retention will be addressed upon Design Review.
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek: Ballantyne Ditch
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
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 July 28, 2000 are of
special concern (see attached*).
*Central District Health
*Division of Environmental Quality
*Eagle Fire Department
*Eagle Sewer District
* Ada County Highway District
LETTERS FROM THE PUBLIC: None received as of this date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL: (None)
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
. Lot 2, Lot 4 and Lot 5 have no access to any existing street or access easement. These
parcels of land are and locked. Access ways will need to be designated as "ingress
and egress" easements granted to the public
D.
DEVELOPMENT AGREEMENT
. The existing Development Agreement for Eagle Pavilion Subdivision is still in effect.
. Conditions of Development
ARTICLED
CONDITIONS OF DEVELOPMENT
2.1 The owner shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by the City as a part
of the Design Review prior to issuance of a certificate of occupancy.
2.2 The development shall comply with the Zoning Code, as it exists in final form at the
time an application is made and the conditions within this agreement shall be
satisfied.
2.3 All development within area of the Property which is within the 100 year floodplain
shall have finished floor level of all buildings which are at least two (2) feet above the
Federal Emergency Management Association Base Flood Elevation (BFE).
2.4 City approvals shall be subject to the revised study for the Boise River floodplain
currently underway by FEMA. (This section applies to applications submitted after
the study is complete.)
2.5 Provide an on-site tree lined landscaped strip to be an average of 35-feet in width
along State Highway 44 and a minimum 28,000-square foot on-site landscaped area
(with trees and other improvements such as shrubs, flowers, drinking water fountain,
benches etc. as may be recommended by the Design Review Board and approved by
the City Council) with parking to be permitted generally as shown on the colored
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rendering submitted to the Commission on August 3, 1998) at the comer of State
Highway 44 and Eagle Road. Buildings within the 28,000-square foot on-site
landscaped area shall be prohibited. Landscaping/intersection entry enhancement
plan shall be reviewed by the Design Review Board with final approval to be by the
City Council.
2.6 Construct a lO-foot wide bicycle/pedestrian pathway (within the 35-foot wide
landscape strip noted above) along State Highway 44 from Eagle Road to the east-
most end of the property.
2.7 A public easement for the greenbelt pathway along State Highway 44 shall be provided.
The specific location and design of the pathway shall be reviewed and approved by the
City Council and Design Review Board.
2.8 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 and Eagle
Road to be landscaped and landscape said area.
2.9 The proposed access point at the south end of Second Street shall be designed to
make it clear to motorists that they are entering a commercial development and that
the road has ended. This can be accomplished with features such as entry landscaping
and a landscaped center island between the inbound and outbound lanes.
2.10 Provide the City with a letter of approval from Albertson's Corporation regarding
the second access point through the Albertson's parcel. If a letter cannot be obtained
City Council may consider waiving this requirement if requested by the Applicant.
D.
DISCUSSION:
. The applicant proposes a preliminary plat application to resubdivide Lot 7 of the Eagle
Pavilion Subdivision. As stated by the City Engineer, "most of the engineering related
issues affecting the site were review with the Eagle Pavilion Subdivision." The only
outstanding issue is proposed Lot 2, Lot 4 and Lot 5, which are land locked. The City
Engineer has recommended that "access ways shall be designated as "ingress and egress
easements granted to the public".
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval provided below and the
standard conditions of approval provided in the staff report.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letter dated, July 28, 2000. (The
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commission may wish to view the rebuttal letter by Mark Butler, dated 8/23/00.)
a.
Access ways shall be designated as "ingress and egress easements granted to the
public".
2. All ingress-egress access easements noted on the preliminary plat shall include the word
"public" .
3. The applicant shall comply to all conditions placed upon Eagle Pavilion Subdivision (PP-4-
98).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
August 28, 2000, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one..
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
1. The Commission recommended approval (3 to 0) of PP-II-00 for a Preliminary Plat
for Eagle Forum Subdivision with the following site specific conditions (with
Commission modification to Staff recommended conditions underlined) and standard
conditions of approval.
COMMISSION RECOMMENDED SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letter dated, July 28,2000.
a.
Prior to the City Clerk signing the final plat, provide a copy of a recorded
easement that delineates access ways with all such Access ways shall be
designated as "ingress and egress easements granted to the public".
2. All ingress-egress access easements noted on the preliminary plat shall include the word
"public" .
3. The applicant shall comply to all conditions placed upon Eagle Pavilion Subdivision (PP-4-
98).
4. Upon final plat approval. applicant shall provide specific detail on management of surface
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water on buildin~ sites and adjacent to the pedestrian pathway to the south.
PUBLIC HEARING OF THE CITY COUNCIL:
1. A public hearing on the application was held before the City Council on October 17, 2000, at
which time testimony was taken and the public hearing was closed. The City Council made
their decision at that time.
2. Oral testimony in opposition to this proposal was presented to the City Council by no one.
3. Oral testimony in favor of this proposal was presented to the City Council by no one
COUNCIL DECISION:
The Council voted unanimously to grant the subdivision preliminary plat application with the site
specific conditions of approval recommended by the Planning and Zoning Commission as
modified below and the standard conditions of approval as set forth below.
1. Comply with all requirements within the City Engineer's letter dated, July 28,2000.
a.
Prior to the City Clerk signing the final plat, provide a copy of a recorded
easement that delineates access ways with all such_Access ways be designated as
"ingress and egress easements granted to the public".
2. All ingress-egress access easements noted on the preliminary plat shall include the word
"public" .
3. The applicant shall comply with all conditions placed upon Eagle Pavilion Subdivision (PP-
4-98).
4. Upon final plat approval, applicant shall provide specific detail on management of surface
water on building sites and adjacent to the pedestrian pathway to the south.
5. The road to the north (Cedar Ridge Drive) of the site shall be adequately funded by the
developer.
6. All landscaping for the original development along State Highway 44 shall be completed
prior to issuance of an occupancy permit for the 2nd building..
ST ANDARD 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.
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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.
7.
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.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the irrigation
entity will be transferred from said lands by the owner thereof; or the subdivider shall
provide for underground 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.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to the City
Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted
with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans shall show how swales, or
drain piping, will be developed in the drainage easements. The approved drainage system
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11.
12.
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.
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.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer prior to the City Engineer signing the final plat. All construction
shall comply with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the
City Engineer, for the purpose of installing and maintaining street light fixtures, conduit
and wiring lying outside any dedicated public right-of-way, prior to the City Engineer
signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing
service, and as may be required by the Eagle City Code, prior to the City Engineer signing
the final plat.
14.
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
farnily dwellings, 1,500 gallons per minute for dwellings having a fire area in
b.
c.
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15.
16.
17.
d.
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.
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.
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 Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
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
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22.
23.
24.
25.
signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to
approval of the final plat by the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to the
City Engineer signing the final plat.
Basements in homes in the flood plain are prohibited.
26.
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.
27.
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.
28.
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.
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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
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 August
11, 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 September 23, 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 19,
2000. Requests for agencies' reviews were transmitted on July 18, 2000 in accordance with
the requirements of the Eagle City Code
4. The City Council reviewed the particular facts and circumstances of this proposed
preliminary plat (PP-II-00) and based upon the information provided concludes that the
proposed preliminary plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved
zoning designation of CBD-DA (Central Business District - Development
Agreement); and
b. Will be harmonious with and in accordance with the general objectives of title
9 of the Eagle City Code since the development is consistent with the
Comprehensive Plan and provide the requires improvements for a subdivision;
and
c. Will be designed, constructed, operated and maintained to be harmonious and
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appropriate in appearance with the existing and intended character of the
general vicinity and that such use will not change the essential character of the
same area; and
d. Will not create excessive additional requirements at public cost for facilities
and services as the site will be served with septic systems and will use public
water to be served from United Water. Fire protection will be available from
the Eagle Fire District and fire hydrants will be provided were required; and
e. Will have vehicular approaches to the property designed to not create an
interference with traffic on surrounding public thoroughfares since the project
is reviewed and approved the highway district having jurisdiction and is
subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since
the required public improvements have been installed on site, or are expected
to be installed with the development of individual lots as conditions of
approval; and
g. That based upon agency verification and additional written comments of the
Eagle Fire Department and the Ada County Highway District, or as
conditioned herein, there is adequate public financial capability to support the
proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or
will be conditions of final plat approval as set forth within the conditions of
approval above.
DATED this 14th day of November, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
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Shard-n Moore, Eagle City lerk ~'", ,y.:' ';;' ""<")1
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ATTEST:
Page 15 of 15
K:\Planning Dept\Eagle Applications\SUBS\2000\Eagle Forum ccf.doc