Findings - CC - 2002 - CU-9-01/PP-4-01 - Commercial Subd/5.08 Acre/7-Lot
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT AND PRELIMINARY )
PLAT FOR ANCONA COMMERCIAL BUSINESS PARK)
FOR ANCONA GROUP LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-9-01 & PP-4-01
The above-entitled conditional use permit and preliminary plat applications came before the Eagle City
Council for their action on January 8, 2002. 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:
Ancona Group LLC, represented by Colin Connell, is requesting conditional use and
preliminary plat approval for Ancona Commercial Subdivision. The 5.08-acre, 7-lot
commercial subdivision is located on the south side of State Highway 44, approximately
112-mile west of State Highway 55.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on August 28,2001.
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 November 3, 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 October 31, 2001. Requests for agencies' reviews were transmitted on August
29,2001 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 December 22, 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 December 19,
2001.
D.
HISTORY OF PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Vacant/Abandoned
industrial site
Proposed No Change No Change Commercial Business
Complex
North of site Business Park BP (Business Park) Vacanti Mobile residences
South of site Mixed Use MU (Mixed Use) Vacant/Pasture
East of site Mixed Use MU (Mixed Use) Vacant/Pasture
West of site Mixed Use MU (Mixed Use) Vacant/Pasture
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 5.08-acres
Total Number of Lots - 7
Residential - 0
Commercial - 7
Industrial - 0
Common - 0
Total Number of Units - 0
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 19,764 square feet 7,000 square feet
Minimum Lot Width 128-feet (approx.) SO-feet
Minimum Street Frontage N/A N/A
Total Acreage of Common Lots O-acres O-acres
Percent of Site as Common Area 9.6% (21,200 SF approx) 10% (22, 130 SF)
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I.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Individual lots within this subdivision will be required to have a minimum of 10%
landscaping. The landscape design will be required to be reviewed by the Design Review
Board with individual design review applications for each lot. A master landscape plan
for the entire subdivision showing a minimum of 10% landscaping will be required to be
reviewed by the Design Review Board prior to the approval of a final plat.
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 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.
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
Abutting the east side of this parcel is McGrath Road which is improved on the west side
with curb, gutter and a 5-foot wide attached sidewalk. The applicant is proposing to
dedicate right-of-way and construct one-half of a roadway with curb, gutter and as-foot
wide attached sidewalk along the southern boundary of this site. The frontage road would
serve adjoining properties as they develop. Which would eliminate multiple access points
onto State Highway 44, thereby reducing possible vehicle and pedestrian conflicts and
maintaining effective traffic circulation. It would also allow parcels surrounding the site
to develop in a manner that was previously limited due to the lack of approved access
points onto State Highway 44.
Applicant's Justification for Private Streets (if proposed): None proposed
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Blocks Less Than 500': None proposed
Cul-de-sac Design: None proposed
Sidewalks:
A 5-foot wide sidewalk has been constructed along McGrath Road which is adjacent to
the eastern boundary line of the parcel. Interior sidewalks are proposed abutting the
buildings within the site.
Curbs and Gutters:
A six-inch vertical curb has been constructed along McGrath Road which is adjacent to
the eastern boundary line of the parcel.
Lighting:
Location and lighting specifications will be required to be reviewed and approved by the
Design Review Board prior to the approval of a final plat.
Street Names:
A letter from the Ada County Street Name Committee approving all proposed names
should be submitted prior to the City Clerk signing the final plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
A ten-foot wide asphalt pathway is proposed within the site adjacent to the State Highway
44 right-of-way. The pathway will be required to be included in the master landscape plan
for the entire subdivision to be reviewed by the Design Review Board prior to the
approval of a final plat.
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 proposed
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - The Boise River floodplain is designated a Hazard Area and
Special Area in the Comprehensive Plan. The Plan
specifies additional development criteria and calls for
special consideration relating to any proposed
development within the Boise River Floodplain. NOTE:
A Floodplain Development Permit is required.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - Boise River Floodplain (100 year)
Mature Trees - no
Riparian Vegetation - no
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Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan has been submitted for review.
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 Engineer's letter dated October 2, 2001, are of
special concern (see attached).
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
New Union Ditch Company Ltd.
United Water
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the justification letter that based on marketing leasing success, it is
estimated this development will commence construction within 6 months of approval and
completed by 2004.
S.
EAGLE CITY CODE FINDINGS FOR A CONDITIONAL USE PERMIT, PLANNED UNIT
DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN, and PRELIMINARY PLAT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fIre protection, drainage structures, refuse disposal, water and sewer, and
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schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
13. That the uses are appropriate with the residential uses.
14. That the uses will serve principally the residents of the PUD.
15. That the uses are planned to be an integral part of the PUD.
16. That the uses located and designed to provide direct access to a collector or arterial street.
17. That the proposed street connections will not create congestion or traffic hazards.
STAFF ANALYSIS PROVIDED WITHIN 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)
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attracting additional business and industry so residents will be provided with adequate
commercial services and facilities.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique 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 [lISt, 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.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-1 - MU Mixed Use District:
To provide for a variety and mixture of uses such as limited office, limited commercial,
and residential. This District is intended to ensure compatibility of new development with
existing and future development. It is also intended to ensure assemblage of properties in a
unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses
should complement the uses allowed within the CBD Zoning District. All development
reQuiring a conditional use permit in the MU Zoning District, as shown in Section 8-2-3 of
this Chapter. shall occur under the PUD and/or development agreement process in
accordance with Chapter 6 or 10 of this Title unless the proposed development does not
meet the area requirements as set forth in Section 8-6-5-1 of this Title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU Zoning District within
Section 8-2-3 of this Chapter. Residential densities shall not exceed twenty (20) dwelling
units per gross acre. When a property is being proposed for rezone to the MU Zoning
District a development agreement may be utilized in lieu of the PUD and/or conditional
use process if approved by the City Council provided the development agreement includes
conditions of development that are required during the PUD and conditional use process.
(Ord. 357, 1-25-2000)
.
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;
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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;
.
ECC Section 8-2A-7 (B)(2) states in part that:
Landscaping shall cover a minimum of ten percent (10%) of the property on all
commercial developments.
.
ECC Section 8-2A-7 (J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five-foot (5') wide by six foot (6')
high landscaped buffer is required.
.
ECC Section 8-6-4: USES PERMITTED:
All uses that may be allowed within the land use district are permitted within a PUD.
Also, up to ten percent (10%) of the gross land area may be directed to other commercial,
industrial, public and quasi-public uses that are not allowed within the land use district;
provided, that there is a favorable finding by the Council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a
collector or an arterial street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent (50%) of the residential development occur prior to the
development of the related commercial or industrial land uses.
.
ECC Section 8-7-3-5 (D): CONDITIONAL USE PERMIT:
Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including. but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL: (None)
WHICH
ARE
OF
SPECIAL
CONCERN
.
ECC Section 9-3-2-1 (F)
Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be
required that there be frontage roads approximately parallel to and on each side of such
arterial street; or, such other treatment as is necessary for the adequate protection of
residential properties and to separate through traffic from local traffic.
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D. TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING TIllS PROPOSAL:
.
ECC Section 10-1-7 Permit Required:
A development permit shall be obtained and approved before a building permit is issued
for construction or development within any area of special flood hazard established in
Section 10-1-6 of this Chapter. The permit shall be for all structures, including
manufactured homes, and for all other development including fill and other activities, as
each are defined in Section 1O-1-S of this Chapter. A development permit shall be
required for any development that could possibly increase or alter the flood hazard.
E. DISCUSSION:
.
Eagle City Code requires that when a development that requires a conditional use is proposed
within a Mixed Use zoning district, the application must be administered through the PUD and/or
development agreement process. However, since this site does not meet the minimum acreage
requirement of ten (10) acres to qualify for a PUD, the conditional use process is to be utilized
unless the proposed use is shown as a permitted use in the MU Zoning District within Section 8-2-
3 of Eagle City Code. Because of the unique nature of this project, staff believes that the
application should proceed through a process similar to a "standard" planned unit development. A
goal of the MU zoning district is to ensure that new development is compatible with both existing
and future development. A second purpose is to ensure that properties come together in a
coordinated and well-balanced manner that promote a design character that is in keeping with an
intended theme of the City. While uses that are shown as permitted uses may have previously
been deemed acceptable in the MU zone (pursuant to the "Official Schedule of District
Regulations"- ECC Section 8-2-3) the site may not grow in a synchronized manner and an overall
style of the development may be diminished. The PUD process would not only establish a desired
end result of the project at full buildout, it would also provide the development with opportunities
to provide for a variety and mixture of uses to create a vibrant and sustainable commercial center.
It should be stated that the preliminary plat and conditional use processes allow for the City to set
conditions that require that the development be built in conformance with the previously discussed
goals and objectives. Additionally, ordinances within Eagle City Code require a development to
meet certain standards and maintain those standards in order for a conditional use permit to remain
valid.
It should also be emphasized that the Design Review process will playa vital role in assuring that
as the development is built, a common theme among all the structures and landscaping will be
maintained.
.
Eagle City Code Section 8-6-4 (as noted above) allows a PUD to direct up to ten percent (10%) of
the gross land area to other commercial uses that are not allowed within the land use district;
provided, there are favorable findings made by the Council. For this particular site, that would
allow Lot 2, Block 1, (which is the only lot that meets the ten-percent maximum) to accommodate
a commercial use not usually permitted in the MU zone. While this does seem to be of small
consequence, it could provide a valuable attribute to the development as a whole.
Because this site is located adjacent to State Highway 44, staff would recommend approval of 10%
of the PUD uses shown as permitted on the City's land use chart under the C-3 zoning designation
to be allowed within this site. The C-3 zone is the City's Highway Business District zoning
designation and is intended to service the motoring public on major streets. However, staff
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recommends that any use associated with automotive repair and fuel sales be prohibited from
being located upon the site. Staff will defer to the Planning and Zoning Commission and the City
Council for discussion on any additional restricted uses.
Regarding required findings "A" through "E" within the above referenced code staff has the
following opinion (shown in italics):
A. That the uses are appropriate with the residential uses;
No residential uses are proposed with this development.
B. That the uses are intended to serve principally the residents of the PUD;
This does not apply since there are no residences proposed within the
development and if residential units were proposed with a final plat, the
residential units will be subordinate to the main use of the PUD which is
commercial.
C. That the uses are planned as an integral part of the PUD;
The C-3 uses will need to follow the same landscape and design theme as the rest
of the PUD.
D. That the uses be located and so designed as to provide direct access to a collector or an
arterial street without creating congestion or traffic hazards;
The site will utilize an existing roadway access on State Highway 44. The
development will also construct a portion of a frontage road that will serve to
eliminate the need for multiple accesses on to State Highway 44 as surrounding
properties develop.
E. That a minimum of fifty percent (50%) of the residential development occur prior to the
development of the related commercial or industrial land uses.
This does not apply since there are no residences proposed within the
development.
.
The applicant has submitted a preliminary plat showing the dedication of 30-feet of right-of-way
along the southern portion of this parcel. The road would connect to McGrath Road and travel
west to the parcel's western boundary line. The intent is to build a portion of a frontage road that
eventually would serve adjoining properties as they develop. The importance of this road can be
measured by the potential elimination of multiple access points on State Highway 44, thereby
reducing possible vehicle and pedestrian conflicts and maintaining effective traffic circulation. It
also provides a greater opportunity for the parcels surrounding the site to develop in a manner that
was previously limited due to the lack of approved access points onto State Highway 44. The
Idaho Transportation Department has indicated that fewer accesses onto the highway are a desired
goal and with these fewer accesses, the potential increases for the installation of traffic signal
lights at select locations along the highway.
The Ada County Highway District Commission report does not mention this roadway and thus did
not require the dedication of right-of-way nor specifics on the construction of the roadway.
However, conversations between City staff and District staff have indicated that the District would
support the roadway. The applicant should dedicate a sufficient amount of right-of-way to the Ada
County Highway District for the construction of a roadway along the southern boundary of this
parcel and extending west from McGrath Road to the western boundary of the site. The applicant
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should obtain design criteria and approval of the roadway construction drawings from the Ada
County Highway District, prior to the City Engineer signing the fmal plat.
.
The applicant has proposed to construct a to-foot (10') wide asphalt pathway within the parcel's
northern boundary line, adjacent to the State Highway 44 road right-of-way. In these instances,
the City (and the Ada County Highway District) generally require that a 5-foot (5') wide concrete
sidewalk be constructed within the public right-of-way abutting any new development. However,
the public right-of-way in this instance is under the jurisdiction of ITD, which in the past has not
approved (nor required) the construction of sidewalks abutting state highways. Also, while the
City of Eagle's 2000 Comprehensive Plan Transportation / Pathway Network Map #1 does not
show a pathway abutting this particular site, it is shown to end approximately 1,200-feet west of
this property at the eastern edge of the Eagle River development. Upon development of the site
located to the west of this site, a pathway could be extended from Eagle River to this site,
providing more opportunity for pedestrian travel through the City. Since ITD approval of a
sidewalk is not guaranteed and because the potential exists to extend a pathway/greenbelt from
Eagle River, staff recommends that the pathway as proposed on the preliminary plat date stamped
by the City of Eagle on August 28, 2001 be constructed in lieu of a 5-foot wide concrete sidewalk
within the lID right-of-way. If approved, the asphalt pathway shall be constructed a minimum of
lO-feet 00') wide and located within a fifteen-foot (15') wide easement.
.
As indicated on the site plan, pad sites and buildings are delineated with maximum square
footages for each lot. Staff is concerned with the possibility of multiple lots being purchased and
combined into one or two extremely large building pads upon the site. The applicant has not
suggested this scenario (nor has it been implied), yet the possibility does exist. Therefore,
individual building sizes on this site should be limited to a maximum of 12,800 square feet, (which
is the approximate size of the largest building shown on the southern portion of the site plan).
.
Because the site is located adjacent to a highly visible roadway and has the potential to make a
statement about the City of Eagle, special attention should be given to the configuration and
position of the buildings. As residents and visitors travel closer to the center of the City, if the
proposed buildings were built at varied angles to the abutting roadway, the walled corridor effect
of building lines parallel with the right-of-way boundary would be diminished to provide a more
open and inviting atmosphere. Also, because landscaping influences the impression that residents
and visitors have of the City, careful attention should be given to the landscaping around the
buildings and within the right-of-way adjacent to this site. Design Review Board review and
approval of the building configuration and master landscaping of the entire site is required.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 19, 2001, 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.
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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 (Cadwell absent) to recommend approval of CU-9-01 & PP-4-01 for
a conditional use permit and preliminary plat for Ancona Commercial Subdivision for Ancona
Group LLC with the site specific conditions of approval and standard conditions of approval
shown in their Findings of Fact and Conclusions of Law document dated December 3,2001.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 8, 2002, 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 City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-9-01 & PP-4-01 for a conditional use permit and
preliminary plat for Ancona Commercial Subdivision for Ancona Group LLC with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with text shown with strike-thru to be deleted by the Council and text
shown with underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all site specific recommendations provided within the City's Engineer's (Holladay
Engineering) letters dated October 2,2001, and November 16,2001.
2. It is acknowledged that a flood plain development permit application has been submitted. The
applicant shall pay the fee of $500.00 prior to the City Clerk signing the final plat.
3. Provide a license agreement from ITD and/or ACHD allowing the installation of landscaping located
within the public rights-of-way and landscape said right-of-way. Submit plans to Design Review
Board for review and approval, prior to the City Clerk signing the final plat.
4. Design Review Board approval for the landscaping for the entire site is required prior to approval of
any fmal plat. Design Review Board approval for the landscaping for each individual pad site is
required prior to the issuance of any building permit. Individual lots within this subdivision as well as
the entire subdivision will be required to have a minimum of 10% landscaping each.
5. "\.s provided for withia Eagle City CoGe Seetioa g {í ~, HfJ to 10% (af)proximately .5 aeres, esseatially
lil'EliteG to Lot 2, Bløek 1) of the sübGivisioB may be HSeG for aøy eommer€ial Hse showB as a
"PermitteG Use" HBGer the C 3 zoBiBg GesigaatioB \vithiB Eagle City Code SeetioB g 2 3 "Offieial
SeheEIHle of Diskiet Regulatiøas" eJ!:eØflt that the føllo':,'ing Hses shall Be prohibited:
"^.dHlt EBtertaiBæeBt
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6. Revise Note 1 on the preliminary plat to state that each lot owner within the subdivision shall have the
perpetual right of ingress and egress over the interior common lot lines to access the public rights-of-
way.
7. Revise Note 6 on the revised preliminary plat to state that the easement widths of all side lot lines shall
be a minimum of 6-feet wide on either side of the lot line. All front and rear lot lines are to have utility
easements a minimum of 12-feet wide.
8. Individual building pad sizes located on the site shall be limited to 12,800 gross square feet (as
proposed on the site plan) and shall be limited to the uses as defined under the terms of this application
and as listed in ECC 8-2-3. Expansion of individual pad sites may be permitted if a modification to
this application is applied for and approved by the City.
9. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
10. Construct a lO-foot wide meandering asphalt pathway within a 15-foot wide easement along the State
Highway 44 abutting the site, generally as shown on the preliminary plat date stamped by the City on
August 28, 2001. The pathway approved for this site shall be required to be included within the
master landscape plan for the site and reviewed and approved by the Design Review Board prior to
issuance of any building permits.
11. The buildings shall be placed at varying angles facing the abutting road rights-of-way to alleviate any
walled corridor effect. The criteria to meet this requirement shall be established by the Design Review
Board and City Council.
12. Service driveways to the building sites facing the road rights-of-way shall be designed to maximize the
landscaping abutting the buildings without compromising function and utility. These items shall be
reviewed and approved by the Design Review Board prior to issuance of any building permits.
13. 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 to be landscaped, prior to the issuance of any
building permits.
14. The CC&R's for this site shall require the owners or their representatives of this commercial
subdivision to maintain any landscaping within the right-of-way abutting this site including the street
trees and landscape strips between the sidewalk and curb and/or the edge of pavement. Individual lot
owners shall be responsible for the proper maintenance of the landscaping and building upon said lot.
15. All buildings shall be set back from State Highway 44 a minimum of 20-feet (not including right-of-
way).
16. All lots and buildings shall be configured so as to screen any and all loading areas and trash enclosures
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from view as seen from residential uses or public roadways.
17. Design Review Board approval of a "Master Landscape Plan" for the entire subdivision is required
prior to issuance of any building permits.
18. Minor site modifications shaH may be permitted if approved as a part of any design review for the site.
19. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved
by the Design Review Board prior to issuance of any building permits.
20. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
21. All plan revisions as required by the above noted conditions shall be reviewed and approved by the
Zoning Administrator prior to issuance of any building permits for the site.
22. The applicant shall dedicate a sufficient amount of right-of-way to the Ada County Highway District
for the construction of a roadway along the southern boundary of this parcel and extending west from
McGrath Road to the western boundary of the site, prior to the approval of a final plat for the first
phase of the development.
23. If the applicant desires to construct the development in phases, then the applicant shall submit a plan
delineating the number and sequence of the phases. Final plat approval is required prior to the issuance
of any building permits. The applicant shall obtain approval of the roadway construction drawings for
the roadway abutting the southern boundary of the development from the Ada County Highway
District and construct the roadway, prior to the City Engineer signing the final plat for that phase
abutting the new roadway.
24. Place a note on the final plat that states direct lot access to State Highway 44 is prohibited.
25. The applicant shall provide a letter and closure plan from the Department of Environmental Quality
stating the applicant has complied with all standards regarding the removal of all contaminants from
the site. The letter shall further state that the site is in adequate condition for development at the time
of the issuance of said letter. The letter shall be submitted prior to the approval of any final plat.
26. The afJ)3lieaat aBàørstaaàs that at some )3eÌBt ÌB the filtHre, traffie ceBeeœs may warraBt limitiBg
MeGratk Read access te State Higk'::a-y 44 te a "right Wright eat aBly" eoBfigaratioB.
27. All buildings shall be designed and constructed with architectural features and materials that enhance
the entry corridor into the City. Metal buildings shall be prohibited. Architectural elevations and
materials for all buildings shall be reviewed and approved by the Design Review Board prior to
issuance of any building permits.
28. All loading docks and trash containers shall be screened from view from State Highway 44. Screening
materials and location of the loading docks and trash containers shall be reviewed and approved by the
Design Review Board prior to issuance of any building permits.
29. All roof mechanical units shall be screened from view. Screening materials shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
30. Outdoor storage of any equipment and/or materials shall be within an enclosed area and screened from
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view. Screening materials shall be reviewed and approved by the Design Review Board prior to
issuance of anv buildin{! permits.
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 Lc. 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)
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 shall be constructed, or a
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11.
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 fust been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
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 file hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the fmal plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, I,SOO gallons per minute for dwellings having a file area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed file protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
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16.
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 by the
Eagle City Attorney prior to the City Engineer signing the [mal 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 by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City 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 fmal 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
fmal 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 fmal 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-S (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the [mal 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 August 28,2001.
2. 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 December 22,
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 December 19, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
and preliminary plat (CU-9-01 & PP-4-01) and based upon the information provided concludes that
the proposed conditional use and preliminary plat applications are in accordance with the City of Eagle
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Title 8 and Title 9 (Subdivisions) because the commercial subdivision:
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 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
vicinity and that such use will not change the essential character of the same area,
since the proposed commercial uses are in accordance with the mixed use land use
designation of this area shown within the Comprehensive Plan; 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 rlIe 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 utilizing an
existing roadway that has been reviewed and approved the Ada County Highway
District and the Idaho Transportation Department and is subject to the conditions
herein; and
e. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to
be installed with the development of individual lots as conditions 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
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.
4.
The Council has reviewed the particular facts and circumstances of this proposed conditional use and,
in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 for the MU zoning district since commercial and retail uses are shown as
needing approval of a conditional use permit in the MU zoning district on the "Official
Schedule of District Regulations" chart of that section;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8)
since the site is zoned MU (Mixed Use) as indicated on the Comprehensive Plan;
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G.
H.
I.
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since the development will be
required to meet the conditions noted herein but will also be required meet the City's
design review requirements;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since the area
is planned for commercial uses allowed within the MU (Mixed Use) zoning district and
since adequate screening and buffers will be installed between the commercial and any
residential uses per the requirements of Eagle City Code and as required herein;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and fIre protection, drainage structures, refuse disposal, water and sewer and schools; 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 responses received by agencies
providing the public services or as conditioned herein;
F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffIc, noise, smoke, fumes, glare or odors;
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares as the driveway approaches
and street improvements are to be approved by the highway district having jurisdiction;
and
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since none are apparent on this site.
DATED this 22nd day of January 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada C nty, Idaho
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ayor
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Sharon K. Moore, Eagle City Cle