Findings - CC - 2001 - PP-18-00 - Eagle Towne & Country Centre/44.38/14 Lot Commerci
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A PRELIMINARY PLAT FOR EAGLE TOWNE & )
COUNTRY SUBDIVISION FOR EAGLE )
DEVELOPMENT ASSOCIATES LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-18-00
The above-entitled preliminary plat application came before the Eagle City Council for their action on
February 27, 2001. 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:
Eagle Development Associates LLC, represented by Jeff Huber with White Leasure
Development, is requesting preliminary plat approval for Eagle Towne & Country
Centre. The 44.38-acre, 14-lot commercial subdivision is located on the north side of
State Highway 44 between Highway 55 and Horseshoe Bend Road, at 3182 East State
Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 9,2000.
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 December 16,2000. Notice ofthis 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 December 13, 2000. Requests for agencies' reviews were
transmitted on November 13,2000 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 February 10, 2001. 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 February 8,
2001.
D.
HISTORY OF PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: CU-18-00 (Eagle Towne & Country Shopping Center)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3 (Highway Business Landscape Nursery &
District) Residences
Proposed No Change No Change Commercial/Retail
Shopping Center
North of site Business Park BP (Business Park Dist.) Mini-Storage
South of site Mixed Use MU (Mixed Use) Vacant
East of site Not in Eagle City area of C-2 & RIIM (Ada County Gas station & Residential
impact Designation)
West of site Residential Four (up to R-4 (Residential) Residences
four dwelling units per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 44-acres
Total Number of Lots - 14
Residential - 0
Commercial- 14
Industrial - 0
Common - 0
Total Number of Units -
Sing1e- 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 .65-acres (28,314 S.F.) 1,300 S.F.
Minimum Lot Width 35-feet 25-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Area II-acres ( approximate) 10% (4.4 acres) minimum
Percent of Site as Common Area 25.2% 10% (minimum)
1.
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:
The applicant is proposing to devote a total of 25.2% of the site to landscaping featuring
pathways, seating areas and open spaces.
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:
Septic systems are currently used at the site but will be removed and central sewer will be
utilized.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site, which should 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.
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1.
STREET DESIGN:
Private or Public Streets:
No internal streets are proposed.
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 Highway 44
as well as the majority of Horseshoe Bend Road. Attached sidewalk will be constructed
abutting Horseshoe Bend Road to the north of the site where a meandering sidewalk
would pose a safety concern by leading pedestrians into the wetland/drainage area.
Sidewalk is not proposed nor recommended abutting State Highway 55 as it is not
conducive for safe pedestrian travel.
Curbs and Gutters:
All required curbs and gutters abutting public streets shall meet Ada County Highway
District standards.
Lighting:
Lighting for the proposed parking lots 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:
None Proposed
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
The applicant is proposing internal walkways to connect various portions of the site.
Walkways within the parking lot will pass through landscape islands designed to
accommodate drainage and bridges providing pedestrians some visual focal points. Also,
some of the pathways will have small plazas with seating to provide relief and eating
areas.
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.
1.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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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 letter dated November 15, 2000, is of
special concern (see attached).
Central District Health Department
Department of Environmental Quality
Drainage District #2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
Independent School District of Boise City No.1
Q.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WlTIllN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
h. Promote additional employment opportunities and expand the economic base by
a) encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
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B.
C.
D.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the umque natural
beauty and small town character of the City.
12.3
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.
.
LAND USE MAP - Commercial - All of this site is within the area designated as
Commercial.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2A-6 (A)(l)
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 WHICH ARE OF SPECIAL CONCERN
REGARDING THIS 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:
.
The preliminary plat is designed in order that all lots have a portion of the lot's boundary
abutting a public right-of-way. While this is meant to provide that no lot shall be
"landlocked" (without access to a public road), it does not imply or grant a parcel public road
access to any and all points on which the parcel abuts. Therefore, all lots should have
reciprocal ingress/egress cross access to the public roads, at only those points designated by
the Ada County Highway District and the Idaho Department of Transportation. A note
should be placed on the final plat designating reciprocal ingress/egress among all lots to the
public streets.
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STAFF RECOMMENDATION PROVIDED WITIDN 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 January
2,2001, at which time testimony was taken and the public hearing was closed. The Commission re-
opened the public hearing for written testimony only to be accepted until 5:00 P.M. on January 11,
2001. The Commission continued the application to January 16,2001. 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 four (4) individuals concerned with increased traffic, odors from the proposed gas station, bright
lights, the widening of Horseshoe Bend Road, decrease in housing values, affect on wildlife in the
area and lack of sidewalks and curbs on Utahna Road.
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 4 to 0 (Bloom abstained) to recommend approval ofPP-18-00 for a
Preliminary Plat for Eagle Towne & Country Subdivision with the staff recommended site
specific conditions of approval and standard conditions of approval shown within their Findings
of Fact and Conclusions of Law Document dated February 5, 2001.
PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application and a parallel preliminary plat application (PP-18-00) was held
before the Eagle City Council on February 27, 2001, 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 four
individuals who expressed concerns regarding increased traffic generated by this development,
landscaping and berming along Horseshoe Bend Road, the hours of operation and delivery times for
businesses within the site, that there is a significant need for traffic signal on State Highway 44 at the
entrance to this site, safety of children, water quality, and site lighting for the shopping center.
C. Oral testimony in favor of this proposal was presented to the Eagle City Council by one individual
(other than the applicant and their representative) who felt the project is a welcome amenity for the
City and had questions about easements on the proposed site.
COUNCIL DECISION:
The City Council voted 4 to 0 to approve PP-18-00 for a Preliminary Plat for Eagle Towne &
Country Subdivision with the following site specific conditions of approval and standard
conditions of approval recommended by the Planning and Zoning Commission provided below.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of approval for CD-l 8-00 (Eagle Towne & Country Center).
2. Provide an approval letter and a recorded license agreement from Drainage District #2 regarding any
drain ditch modifications prior to the City approval of a final plat.
3. Provide a license agreement from ITD and/or ACHD approving of any landscaping located within the
public rights-of-way and landscape said right-of-way, prior to City approval of final plat
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 reciprocal cross access between all lots.
6. Place a note on the final plat stating that no access (other than those approved with this application
and CU-18-00) to Highway 55, State Highway 44 and Horseshoe Bend Road shall be permitted.
7. Place a note on the final plat which states that no building shall be constructed within the northeast
comer (Business Park zone) of the subdivision, generally described as the area intended for wetlands
grounds and site drainage.
8. Place a note on the preliminary plat 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) letter dated November 15, 2000.
10. All existing residential dwellings and Nursery buildings located on the site shall be removed prior to
the City Clerk signing the final plat.
11. 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.
12. Design Review Board approval is required prior to removing any existing trees from the site.
13. Design Review Board approval is required for this site and each individual pad site is required.
14. 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.
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3.
4.
5.
6.
7.
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.
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).
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.
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)
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
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.
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 ofthe 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
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12.
13.
14.
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, h~ight 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, owner'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 by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16.
Should the owner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, owner's association by-laws or other similar
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17.
18.
19.
20.
deed restrictions acceptable to the Eagle City Attorney shall be reviewed 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.
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.
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.
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 fmal plat.
25.
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
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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 November 9, 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 December 16, 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 December 13, 2000. Requests for
agencies' reviews were transmitted on November 13, 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 February 10,
2001. 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 February 8, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-
18-00) 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. 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 provides the required improvements for a commercial subdivision; and
b. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
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vicinity and that such use will not change the essential character of the same area as
the developer is required to provide landscape buffering to screen the site from
adjoining neighborhoods; and
c. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with sewer systems and will use public water to be
served from the water company having jurisdiction. Fire protection will be available
from the Eagle Fire District and fIfe hydrants will be provided where required; and
d. 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 by the highway district having jurisdiction and is subject to the conditions
therein; and
e. 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 as a condition of approval; and
f.
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;
g. That any health, safety and environmental problems that were brought to the
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.
DATED this 13th day of March 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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K:\Planning Dept\Eagle Applications\SUBS\2000\Eagle Towne ccf.doc