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Findings - PZ - 2002 - PP/FP-3-02 - Mixed Use Subd No 3(Formerly Eagle River Subd)9.95 Are/0-Lot Comm D. E. ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A COMBINED PRELIMINARY PLAT AND FINAL PLAT FOR MIXED USE SUBDIVISION NO.3 FOR EAGLE RIVER LLC ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP/FP-3-02 The above-entitled combined preliminary plat and final plat application came before the Eagle Planning and Zoning Commission for their recommendation on June 3, 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: Eagle River, LLC, represented by Bill Clark with Clark Development, is requesting combined preliminary plat and final plat approval for Mixed Use Subdivision No.3 (formally know as Eagle River Subdivision). The 9.95-acre, lO-lot commercial subdivision is located on the southeast comer of Eagle Road and State Highway 44. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on April 17, 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 May 18, 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 May 15, 2002. Requests for agencies' reviews were transmitted on April 18, 2002, in accordance with the requirements of the Eagle City Code. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development agreement (including a concept plan) for this site. On April 24, 2001, the Eagle City Council approved a preliminary plat (PP-I4-00) for this site. On May 8, 2001, the Eagle City Council approved a final plat (FP-13-01) for this site. On November 7,2001, the Eagle City Council approved a combined preliminary and final plat (PP/FP-I-0l) for this site. COMPANION APPLICATIONS: None Page 1 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc ----~-.----~------_.~~----~ - -------.-------- ~ ---- ~-._---- --- -----~- - -- - -- ---- G. H. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Commercial & Mixed C-3-DA (Highway Business District Vacant Use with development agreement) & MU-DA (Mixed Use with development agreement) Proposed No Change No Change Mixed-use, Commercial, Residential North of site Commercial & Mixed C-3-DA (Highway Business District Mixed Use and Use with development agreement) & Commercial MU-DA (Mixed Use with development agreement) South of site Flood way & R-2-P (Residential Planned Unit Boise River & Residential Two (up to Development) & RUT (Ada County Residential 2-units per acre - Rural Urban Transition) maximum) East of site Mixed Use & MU-DA (Mixed Use with Proposed City Park, Floodway development agreement& RUT Agriculture & (Ada County - Rural Urban Residences Transition) West of site Commercial & C-I (Neighborhood Business Commercial Public/Semi-Public District) DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA. SITE DATA: Total Acreage of Site - 46.4-acres Total Number of Lots - 10 Commercial - 10 Industrial - 0 Common - 0 Total Number of Units - 0 Total Acreage of Any Out-Parcels - 0 - See discussion in Section E under Staff Analysis Page 2 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc --- --- - - - - -- -- - --- - - ---- - -- - ---- -u- ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre N/A - subject to future re- Limited within the subdivision development agreement as noted above Minimum Lot Size 0.58-acres (25,163 square feet) 7,000 sq. ft. (MU zone) 1,300 sq. ft. (C-3 zone) Minimum Lot Width I57-feet (approx.) 50-feet (MU zone) 25-feet (C-3 zone) Minimum Street Frontage 35-feet 35-feet for residential zoning districts * * Total Acreage of Common Area * * Percent of Site as Common Area *See comments under "Open Space" below. 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: As required within the development agreement a 35-foot wide landscape strip is to be installed along the north boundary of this site parallel to State Highway 44 (extending eastward from Eagle Road approximately 2,550-feet). At this point the landscape strip narrows to lO-feet wide (extending to the northeast corner of the site). Approximately 7 -acres of ponds are proposed within the Eagle River Development. The Concept Plan (Exhibit A) within the development agreement shows proposed landscaping within the planter strips, medians, buffer areas, and open spaces. The landscape development of this site will generally follow this concept plan with specific landscaping details to be reviewed and approved by the Design Review Board prior to City approval of any fmal plates) and prior to review of individual building pad sites. Storm Drainage and Flood Control: Stonn drainage and flood control plans were previously submitted and approved by the City Engineer. Lots are required to be graded so that all runoff runs either over the curb, or to the existing drainage easements, 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 I2-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. Page 3 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc -~._-~--------~----~--- -- ._~-~ --~._- On-site Septic System (yes or no) - no Preservation of Existing Natural Features: Natural features do exist on the site and the applicant has provided an Environmental Impact Assessment for the site which was previously reviewed with the preliminary plat application (PP-14-00). Existing trees on the site shall be retained. Retention will be addressed upon Design Review. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. 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. All streets within this subdivision were previously approved with Mixed Use Subdivision No.1 (Eagle River). Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: N/a Sidewalks: The 5-foot wide detached sidewalks (separated from the curb with a 5-foot wide planter strip) adjacent to the public streets within this development were previously approved with Mixed Use Subdivision No.1. No new sidewalks are proposed with this application. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards have been constructed abutting the interior streets. Lighting: Street lights have been installed and additional lighting is proposed along all sidewalks, pathways and streets remaining to be constructed. The location and specifications of the lighting shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: No new streets are proposed with this application. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian pathways are proposed in various areas throughout the site and are to be Page 4 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc u- - -------. ------ installed pursuant to the provisions within the development agreement and conditions of approval for Mixed Use Subdivision No. 1. 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: Easements for one emergency access point to the Boise River and 10 to 12 non-exclusive parking spaces for Sportsman access to the Boise River are being provided as separate easement documents to be recorded simultaneously with the final plat for Mixed Use Subdivision No.2. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Yes, Boise River Floodplain Note: all floodplain and flood way concerns were addressed by the applicant as a part of the Eagle River Preliminary Plat application, the Mixed Use Subdivision No.1 final plat application, and associated floodplain development pennit application. Evidence of Erosion - No Fish Habitat - No Floodplaffi - Yes. entire site is located within the Boise River floodplain (see cornmetlts utlder Areas of Critical Environmental Concern above). Mature Trees - within the wetland areas Riparian Vegetation -within the Corps of Engineers approved delineation of jurisdictional wetlands. Steep Slopes - No Stream/Creek - North of North Channel of Boise River Unique Animal Life - No Unique Plant Life - No Unstable Soils - No Wildlife Habitat - yes Historical Sites - No O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: An environmental assessment plan has been reviewed and approved by the City Engineer as a part of Eagle River Preliminary Plat application and Mixed Use Subdivision No.1 Final Plat application. A copy of the environmental assessment plan is on file with the City Engineer. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Page 5 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc ---------------------------- ~ Department of Environmental Quality Eagle Fire Department Eagle Sewer District United Water Idaho Q. LETTERS FROM THE PUBLIC: None received as of this date. 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. 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 1. Implementation Strategies f. Higher density residential development should be located closest to the Central Business District (CBD) as shown on the Comprehensive Plan Land Use Map. Protect gravity flow irrigation systems including canals, laterals and ditches to assure continued delivery of irrigation water to all land serviced by such systems, to protect irrigation systems as a long range economical method for water delivery and to coordinate surface water drainage to be compatible with irrigation systems. Chapter 7 - Natural Resources and Hazard Areas 7.9 Goal Special concern and attention should be given to the preservation of fish, wildlife, water resources, air quality, agriculture, open space and recreation-nature areas when implementing planning and zoning decisions. Page 6 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc -.-"-- ----'-------------------- '-,-- - - --- -- ---- '---.- -- - Chapter 8 - Transportation 8.3.0 City of Eagle Functional Pathway Classifications An effective pathway system should include a combination of Paths and Lanes. The City of Eagle TransportationlPathway Network Maps #1 and #2 illustrates the various classifications and locations which are included in the pathway system and described as follows: 8.3.1 Paths Function: To provide for recreation and alternative transportation; important to provide safe continuous thoroughfares with minimal cross flow of vehicular traffic. Location: Paths could be located on corridors separate from roadways such as utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway right-of-ways and would usually be separated from vehicle travel lanes and the paved section of the roadway by a median or sidewalk. 8.3.2 Bike Lanes Function: Primarily used as a lane for bicycles and other non-motorized uses. Location: Bike Lanes usually exist on the same pavement surface as motorized lanes. Arterials and collectors should be provided with bike lanes on each side of the roadway. 8.5 Objective Encourage alternative transportation forms such as walking and biking. Chapter 9 - Parks, Recreation and Open Spaces 9.4.1 Goals To create ample areas and facilities for our residents' diverse indoor and outdoor park and recreational interests. 9.4.2 Objectives a. To develop parks and recreational programs which meet the different needs, interests, and age levels of our residents in both the rural and urban areas. b. To plan and design parks for sustainability and conservation of natural resources. Page 7 of 17 K:\Planning Dept\EagJe Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc --.-.-------.-- -----.- -- -------- -------- -.._------ - - .- -- -----, c. To provide a system of neighborhood parks where safe and convenient access is available to residents. d. To dedicate and develop areas for parks in new residential developments. 9.4.3 Policies d. Encourage City to develop working relationships with other agencies/entities to develop parks and recreational opportunities within the community. 9.5 Pathways and Greenbelts Pathways are nonmotorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. 9.5.1 Goal To create a pathway system that provides interconnectivity of schools, neighborhoods, public buildings, businesses, and parks and special sites. 9.5.2 Objectives a. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. b. To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. e. All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. 9.5.3 Implementation Strategies a. Create ordinances that require developments to provide improved pathway systems with links to adjoining pathway 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. 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: Page 8 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc ------- -.- --'-.-._--.----,-,-._,-, --- .. . ECC Section 9-2-3 (B)(1-5) 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 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 9-3-2-5 PRIVATE STREETS, states in part: Private streets may be permitted at the discretion of the Council. . 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 fe-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. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ARTICLE III - CONDITIONS ON DEVELOPMENT 3.2.5 All development within the Property shall be consistent with the Site Design Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally consistent with the Conceptual Plan attached hereto as Exhibit E. The Conceptual Plan attached hereto describes the general nature and relative location of certain elements for the Property. The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. 3.2.9 A public easement for a greenbelt pathway shall be provided. The specific location and design of the pathway shall be approved by the City Council, not to be unreasonably withheld, prior to the City Engineer signing the first plat for the Property. 3.2.10 A minimum of two emergency access points to the Boise River for the use of repair and rescue equipment and personnel shall be provided at appropriate intervals along the River. Location shall be as determined in coordination with the City Pathway Committee, Eagle Fire Department and Flood Control District # 10 and approved by Eagle. Page 9 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc -------.- ---._--- ----~ --- ------ 3.2.11 Provide bus stops as may be recommended by Eagle. 3.2.15 The development shall incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i. e.: outdoor drinking fountains, benches, tables, etc.) 3.2.17 In addition to the minimum parking spaces required by Eagle City Code provide 10 to 12 non-exclusive parking spaces for the sportsman access shown on the attached concept plan (near hotel). The spaces shall be provided with signage generally stating, "River Access Parking". 3.2.20 City of Eagle approvals shall be subject to any FEMA requirements regarding the revised study for the Boise River floodplain currently underway by FEMA. 3.2.23 Development shall provide pedestrianlbicycle public access to the paved pathway along the Boise River as required in the Eagle Comprehensive Plan. E. DISCUSSION: . Staff has reviewed the particular facts and circumstances of this proposed combined preliminary and final 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. Note: This site is within the Boise River Floodplain, however, all floodplain concerns (including all concerns outlined in ECC Title 10) were addressed with Eagle River Subdivision (PP-14-00) and Mixed Use Subdivision No.1; 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. . Lot 8, Block 4, of Mixed Use Subdivision No.2 was previously proposed to be developed with single-family residential, as shown on Exhibit A (attached) included within the development agreement for this site. The applicant now desires to develop a portion of the parcel with four commercial lots served by a common access drive. The development agreement does not specifically prohibit commercial in this area and states in Article 3.2 that the site is limited to a maximum (no minimum) of seventy-five residential units. It is further stated in Article 3.2.5 of the development agreement to allow sufficient flexibility while maintaining the general intent of the concept plan at the time of detailed planning. Since the site was shown to be developed with a roadway system, the question arises as to how vehicular and pedestrian traffic will eventually circulate throughout the site. Because this proposed subdivision only encompasses a small portion of the larger lot and ample frontage remains Page 10 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc --..---.-.-.----- -------..uu_- --.- - --. --- ----- along the public right-of-way, a common access drive functions adequately for these commercial uses. However, upon the further development of the site, it is anticipated that a public or private road (if approved by the City Council) would serve the remainder of the parcel. . This applicant proposes to subdivide parcels of land which have been previously divided within a larger parcel; a succession of land divisions from large to small. With this application, the division of only a portion of a larger lot results in remnants of land which in effect become lots outside of a subdivision. These remnant lots may be considered to be "out parcels", which are not specifically defined in Eagle City Code. The concern with out-parcels is a result mainly of a parcel of land being created which is not required to provide public improvements and/or conditions of approval that a developing parcel is subject to. In this situation, all the lands within this property are subject to the requirements and conditions of Mixed Use Subdivision No.1 (the original subdivision) as well as the development agreement for this site, regardless of how each parcel has been created. It is staff's opinion that any parcel of land that may be perceived to be an out-parcel within this development has little consequence to the project since the entire land within the development is subject to a guiding set of conditions and requirements. . Future re-subdivision(s) of any portion of this site will be required to comply with the recorded Eagle River Development Agreement and 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 June 3, 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). COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of PP/FP-3-02 for a combined preliminary plat and final plat for Mixed Use Subdivision No.3 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 APPROVAL:, 1. Comply with any requirements of the City Engineer. 2. Comply with all requirements of the development agreement for this site dated, January 25, 2000, Page 11 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc ---._--- -----._--- .- ---- - - .--. - -- -- .--- -- -.. between the City of Eagle and Eagle River LLc. 3. Comply with all conditions of PP-I4-00 (Eagle River Subdivision). 4. Future re-subdivision(s) of any portion of this site shall be required to comply with the recorded Eagle River Development Agreement and ECC Title 9 "Land Subdivisions". 5. .^.àd a Bote to the fiaal fJlat desigaatiag that all fear lot liaes shall have a æaim.am. 12 foot (12') wiele atility easeæeat. é. .^~eld a Bote to the [mal fJ]at desigaating that all side lot liaes shall have a HHaiæum. 6 foot (6') '.vide atility easØlB€lat oa either side of the let liBe. 7. Unobstructed utility easements measuring a minimum of twelve-feet (12") wide shall be clearly delineated on the plat prior to the City Engineer signing the final plat. 8. Add a note on the final plat that states, "All Lots shall provide reciprocal cross-access for vehicular and pedestrian ingress and egress to the public right-of-ways." 9. 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. 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 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 (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 Page 12 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc 12. 13. 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 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 final plat. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the fmal plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. Page 13 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc 14. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the fmal 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 fITe 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 fITe area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (Le.; 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 fITe protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. b. c. d. 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 sign age prior to the City Engineer signing the final plat. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of Page 14 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc 21. 22. 23. 24. 25. 26. 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. 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. 27. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2». After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 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 Page 15 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc 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 April 17, 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 ordinances on May 18, 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 May 15, 2002. Requests for agencies' reviews were transmitted on April 18, 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-3-02) 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-3-DA (Highway Business District with development agreement) & MU-DA (Mixed Use with development agreement). b. Will be harmonious with and in accordance with the general objectives of title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan and provides the required improvements for a subdivision; and 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; 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 and will use public water to be served from Eagle Water Company. Fire protection will be available from the Eagle Fire District and fITe 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 Page 16 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc ----~"' ~-~---- --~-._--u_~--_._~ ---- -- - - ---------~-- -- ~--~ public financial capability to support the proposed development; and h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of 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 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. Note: This site is within the Boise River Floodplain, however, all floodplain concerns (including all concerns outlined in ECC Title 10) were addressed with Eagle River Subdivision (PP-14-00) and Mixed Use Subdivision No. 1; 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 17th day of June 2002. ATTEST: ..."'11"", "., ,#. "'~ ~ OF B;t "'~ ,f"!I ,~....,......~o < , / v.. ~yOR",.... ~ \ .. . 0 ot':¡. ::e.; v.. .. . . .. : * : -.- : * : : . -" .. .. .'"1- SEAL"': : ':0 . (' ~." * <p.. 0 <;) . 0 : \ .» ..:!>CRþ."ì~'... ~ .." *# -1 "', .....c... ~ ~.." ### 7"-' r ,., ~.~. ,. #### ,~, '." ¡¡.,.." ,. Jlc.~~~ Sharorl: K. Moore, Eagle City lerk Page 17 of 17 K:\Planning Dept\Eagle Applications\SUBS\2002\Mixed Use Sub #3 combined ppfp pzf.doc