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Findings - PZ - 2002 - PP/FP-2-02 - Trolley Square No. 1/5.44 Acre/10-Lot Commer/902 E. State St. ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A COMBINED PRELIMINARY PLAT AND FINAL PLAT FOR TROLLEY SQUARE SUBDIVISION NO.1 FOR RONALD COULTER ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PPIFP-2-02 The above-entitled combined preliminary plat and final plat application came before the Eagle Planning and Zoning Commission for their recommendation on May 6, 2002. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Ronald Coulter is requesting combined preliminary plat and final plat approval for Trolley Square Subdivision No.1. The 5.44-acre, lO-lot commercial subdivision is generally located on the north side of State Street approximately IOO-feet east of Palmetto A venue at 902 East State Street. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on March 21,2002. 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 April 20, 2002. 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 April 17, 2002. Requests for agencies' reviews were transmitted on March 21, 2002, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 9, 2001, the Eagle City Council approved a preliminary plat (PP-14-00) for this site. Subsequently, because the parcel was not final platted, the preliminary plat application expired on January 9,2002. On January 9, 2001, the Eagle City Council approved a conditional use permit for a shopping center (CU-I2-00) for this site. On January 9, 2001, the Eagle City Council approved a design review (DR-44-00) for this site. On April 24, 2001, the Eagle City Council approved a design review (DR-I6-0I) for the parking lot and perimeter landscaping for this site. Page 1 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc On February 12, 2002, the Eagle City Council approved a modification to the design review (DR-44-00 MOD) for this site. E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-2 (General Business District) Vacant Proposed No Change No Change Retail/Office Center North of site Mixed Use A (Agricultural) Residence/Pasture South of site Mixed Use MU (Mixed Use) Rocky Mountain Business Park East of site Commercial & Public / C-I (Neighborhood Business Office Buildings & Semi-Public District) & PS (Public/Semi-Public Eagle Academy School West of site Commercial C-2 (General Business District) Commercial Uses / Offices G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 5.44-acres Total Number of Lots - 10 Residential - 0 Commercial - 10 Industrial- 0 Common - 0 Total Number of Units - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre N/A (Commercial) N/A Minimum Lot Size 0.32-acres (14,039 square feet) 1,300 sq. ft. Minimum Lot Width 77-feet (approx.) 25-feet Minimum Street Frontage O-feet N/A Total Acreage of Common Area 3.3-acres * 10% (2.7- acres) minimum Percent of Site as Common Area 12.27%* 10% (minimum) * This number reflects the amount of landscaping shown on the applications and plans (DR-44- 00, DR-44-00 MOD, DR-I6-0l) reviewed and approved by the Design Review Board and the City Council. 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 will provide a total of 12.27% of common area, 10% is the minimum required. An additional minimum of 10% landscaping is required for each individual lot within the development. The Design Review applications approved for this site (DR-44-00, DR-44-00 MOD, DR- 16-01) show landscaping within the planter strips, medians, buffer areas, and open spaces. The landscape development of individual building pad sites will be required to be reviewed and approved by the Design Review Board. 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, 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 (yes or no) - no Page 3 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc Preservation of Existing Natural Features: A drainage ditch courses through the site which has been determined to be a tributary of the Boise River by the United States Army Corps of Engineers, and as such is guaranteed certain protections by law. An arborist report has been submitted and approved to allow certain trees and scrub to be removed as well as requiring the protection of other trees on the site. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. 1. STREET DESIGN: Private or Public Streets: Public No new streets, street widening, or dedication of right-of-way to the Ada County Highway District is proposed with this application. The Hill Road extension and Academy Street rights-of-way have been dedicated to the Ada County Highway District via a warranty deed. The Hill Road extension (as shown within the 2000 Comprehensive Plan on the Transportation/Pathway Network Map #1 as a collector) and Academy Street are to be constructed with the development of this site. The road design plans, which include a traffic roundabout, are required to be approved by the Ada County Highway District. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: N/a Sidewalks: 5-foot wide detached sidewalks (separated from the curb with a 5-foot wide planter strip) with sections of 7-foot wide sidewalk attached to the back of curb are to be constructed adjacent to the public streets within this development. Plans detailing the sidewalk configuration have been reviewed and approved by the Design Review Board and the City Council. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are to be built with the Hill Road extension and Academy Street construction. Lighting: Lighting is proposed along all sidewalks, pathways and streets. The Design Review Board and City Council have approved the location and specifications of the lighting. Street Names: No new streets are proposed with this application. Page 4 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: See sidewalk discussion 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. M. PUBLIC USES PROPOSED: None PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - None Evidence of Erosion - No Fish Habitat - No Floodplain - 500 year Mature Trees - Yes Riparian Vegetation - No Steep Slopes - No Stream/Creek - Yes - Drain No. 17 Unique Animal Life - No Unique Plant Life - No Unstable Soils - No Wildlife - Yes - various species of fowl and small mammals O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: 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 Engineer's letter date stamped by the City on April 15, 2002, are of special concern (see attached). Central District Health Eagle Fire Department Eagle Sewer District New Dry Creek Ditch Co. Ltd. Q. LETTERS FROM THE PUBLIC: None received as of this date. Page 5 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: A. 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. g. Encourage commercial growth adjacent to the Central Business District and discourage isolated commercial development in outlying areas. 1. Excessively large single entity businesses that would jeopardize the competitive business environment should be discouraged. Chapter 6 - Land Use 6.7 Implementation Strategies d. Discourage strip commercial type development. 1. Protect gravity flow irrigation systems including canals, laterals and ditches to assure continued delivery of irrigation water to all land serviced by such systems, to protect irrigation systems as a long range economical method for water delivery and to coordinate surface water drainage to be compatible with irrigation systems. Chapter 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 Implementation Strategies k. Encourage the preservation of natural resources such as creeks, drainages, steep slopes and ridgelines as visual amenities. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-2-3 (B)(l-5) B. Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that the subdivision application be processed as both a preliminary and final plat if Page 6 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc E. all the following exist: 1. The proposed subdivision does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like; 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. . ECC Section 9-3-5 (B) - Lots shall conform to the following standards: Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the City Council prior to taking of such action. . ECC Section 9-3-6 EASEMENTS: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). B. Unobstructed drainage way easements shall be provided as required by the City Council. C. All natural drainage courses shall be left undisturbed or be improved in a manner which will improve the hydraulics and ease of maintenance of the channel. DISCUSSION: . On January 9,2001, a preliminary plat was approved by the City Council for Trolley Square, a 27-acre commercial subdivision within which this current application is situated. Conditions of approval for the previous preliminary plat required the dedication of public rights-of-way for the Hill Road extension (north of State Street) and Academy Street (west of the terminus of Academy Way to the Hill Road extension). Although the approval of the preliminary plat expired on January 9, 2002, (since a final plat was not submitted for the development) the dedication of the street right-of-ways was completed, resulting in the creation of three separate parcels. It is now the desire of the applicant to separately divide each of the three parcels into subdivisions, rather than as one large subdivision over the entire 27-acre site. This platting process would allow for a variety of small lots with small-scale buildings (rather than a few large multi-tenant buildings) to provide a product which fills a current market trend for the business owner that prefers to own a building rather than pay lease fees in a multi-tenant building. Conceivably, the total number of lots for the entire site may exceed the 23-lots approved for the previous preliminary plat, yet because of the conditional use permit that was approved in conjunction with the previous preliminary plat, the overall scope of the project will only change slightly. While the number of buildings may increase, minimum parking and landscaping requirements for each building will limit the combined building square footage. Page 7 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc . The end product is intended to result in a mixture of smaller pad sites/buildings which may provide a more "community village" atmosphere rather than a "mega commercial complex". It may be considered that the division of land is merely lines on paper; the approved conditional use permit and design review plans will guide the project to its final appearance and function. In the fall of 2001, following construction plan approval by the Ada County Highway District and Drainage District No.2, the applicant commenced with the construction of the Hill Road extension and tiling of the drainage ditch. A subsequent inspection by the Army Corps of Engineers determined that the drain ditch was a "waters of the United States" and therefore subject to certain requirements under the Clean Water Act. Further, the ditch was not allowed to be tiled but could be altered from its original course in order to accommodate the alignment of Hill Road. As a result of this change, modifications to the master landscape were required since the open drainage-way altered the overall appearance of the site. . Staff has reviewed the particular facts and circumstances of this proposed combined preliminary and [mal plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: The proposed combined preliminary and final plat: 1. Does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like. 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. . The proposed combined preliminary/final plat includes ten commercial lots Future re- subdivision(s) of any portion of this site will be required to comply with ECC Title 9 "Land Subdivisions" . 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 May 6, 2002, 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 (not including the applicant/representative). Page 8 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of PP/FP-2-02 for a combined preliminary plat and final plat for Trolley Square Subdivision No. I with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strikethrough to be deleted by the Commission and text shown with underline to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPRO V AL: 1. Comply with any requirements of the City Engineer, including all applicable site specific recommendations provided within the City Engineer's letters dated August 10, 2000, and August 24, 2000. 2. Comply with all conditions ofCU-I2-00, DR-44-00, DR-44-00 MOD, and DR-16-01. 3. Comply with all requirements of the Army Corps of Engineer's 404 Permit and Drainage District No. 2' s License Agreement for the realignment of Drain No. 17. 4. Design Review Board approval is required for each pad site. 5. The perimeter landscaping along State Street east of the Hill Road extension. northerly along both sides of Hill Road UP to and including the roundabout. the south side of Academy Street, and along the eastern perimeter of the development shall be completed prior to the issuance of any building permits for the site. 6. Construct curb, gutter and a meandering five-foot (5') wide concrete sidewalk along State Street east of the Hill Road extension abutting this site, prior to the issuance of any building permits for the site. Construction drawings, which comply with all requirements of the Ada County Highway District, shall be reviewed and approved prior to the commencement of construction. 7. Place a note on the final plat providing all lots with reciprocal cross-access for vehicular and pedestrian ingress and egress to the public right-of-ways. 8. Place a Rote OR the fiRal plat \vhieh states all side lot liRes shall have a 12 foot wide (6 feot wide on either side of the propefty liRe) HRoÐstrÐeted Htility, iffigatioR aBd àfaiBage easement. 9. Place a note on the final plat which states all front and rear lot lines shall have a I2-foot wide unobstructed utility, irrigation and drainage easement. The note on the final plat shall further state that a utility, irrigation and a drainage easement shall be provided to all lots as depicted on the preliminary plat date stamped by the City on January 10.2002. 10. The Hill Road extension and Academy Street shall be constructed and approved by the Ada County Highway District prior to the issuance of any building permits. 11. All remnants of the structures recently demolished on the site, as well as all other debris, shall be removed from the site (including that portion of the site located west of the Hill Road extension), prior to the issHaRøe of aBY ÐHildiBg pefæits City Clerk signing the final plat. 12. Place a note on the final plat stating that no access (other than those approved with this application and CU-12-00) to State Street, Hill Road and Academy Street shall be permitted. Page 9 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc 13. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this project, prior to the City Clerk signing this final plat. 14. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the commencement of any further work at the site. 15. During all phases of construction (including any delays), the applicant shall keep the entire site free and clear of all weeds and debris. 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 (1.e. Title 50, Chapter 13 and 1.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 (Re.e. 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-I-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 Page 10 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the fmal 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 fIfe 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 fIfe area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, b. c. Page 11 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc 20. 21. 22. 23. d. 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 fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed 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 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. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by the City Engineer. Page 12 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc 24. 25. 26. 27. 28. 29. 30. 31. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corp 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. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2». After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. Prior to submitting the [mal 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. 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 March 21, 2002. 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 Page 13 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc ordinances on April 20, 2002. 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 April!7, 2002. Requests for agencies' reviews were transmitted on March 21, 2002, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary plat and final plat (PP/FP-2-02) and based upon the information provided concludes that the proposed combined preliminary plat and final plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested combined preliminary plat and final plat complies with the approved zoning designation of C-2 (General Business District). b. The subdivision will be served adequately by essential public facilities such as highways, streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; C. 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 development will be required to comply with the previously approved conditional use permit and design review; and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer to be served from Eagle Sewer District, will use public water and flIe protection will be available from the Eagle Fire District and flre hydrants will be provided where 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 required to be reviewed and approved the Ada County Highway District and is subject to the conditions herein; and since no new dedication of public right-of-way is proposed or required. f. 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 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 flnancial 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 combined preliminary plat and final plat approval as set forth within the conditions of approval above. 4. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary and fmal plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a preliminary and fmal plat), has made the following conclusions: Page 14 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc The proposed combined preliminary and final plat: 1. Does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like. 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. DATED this 20th day of May 2002. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE a Cou y, I II ü.+<J-- K ~ Sharon K. Moore, Eagle City Clerk """'."'" ~~~~~' f BAG "'., !Ii...'fi ~rO ..,... t.~ ~ ~~ I D-. ",OllAl'q I \. CJO~ .. . : ~.~ - : ¡ir Sß~\",f oj \ ~C'. ~~ ~: '\ .r. .~~"Otl"... ~,f #. v)t ...... \'9 ...." "'" ~ l'E Of ",..... ..""....."" ATTEST: Page 15 of 15 K:\Planning Dept\Eagle Applications\SUBS\2002\Trolley Square Sub #1 combined ppfp pzf.doc