Findings - PZ - 2002 - PP/FP-4-02 - Mixed Use Subd No 4/10.62 Acre/10-Lot Commercial
ORI GINAL
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.4 FOR EAGLE RIVER LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPIFP-4-02
The above-entitled combined preliminary plat and final plat application came before the Eagle Planning
and Zoning Commission for their recommendation on October 28, 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.4
(formally known as Eagle River Development). The 1O.62-acre, lO-lot commercial
subdivision is located on the southeast corner of Eagle Road and State Highway 44.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 12, 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 September 30, 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 September 25, 2002. Requests for agencies' reviews were transmitted on
September 18,2002, in accordance with the requirements of the Eagle City Code.
D.
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-14-00) 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 (PPIFP-I-OI) for this site.
On July 9, 2002, the Eagle City Council approved a combined preliminary and
final plat (PPIFP-3-02) for this site.
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
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,
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 Floodway & 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-l (Neighborhood Business Commercial
Public/Semi-Public District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 1O.62-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
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/A - subject to future re- Limited within the
subdivision development agreement
Minimum Lot Size O.60-acres (26,309 square feet) 7,000 sq. ft. (MU zone)
1,300 sq. ft. (C-3 zone)
Minimum Lot Width 192-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.
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
Open Space:
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 final plat(s) and prior to review of individual building pad sites.
Storm Drainage and Flood Control:
Storm 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 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
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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.
J.
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. I (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
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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 were provided as separate
easement documents 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 floodway 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 permit application.
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under
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:
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Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United Water
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
Chapter 6 - Land Use
6.7
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.
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.
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 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.
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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 Transportation/Pathway 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
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9.4.3
9.5
9.5.1
9.5.2
9.5.3
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.
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.
Policies
d.
Encourage City to develop working relationships with other
agencies/entities to develop parks and recreational opportunities within
the community.
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.
Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
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.
Implementation Strategies
a.
Create ordinances that require developments to provide improved
pathway systems with links to adjoining pathway systems.
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B.
c.
D.
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.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
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 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.
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.
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3.2.9
3.2.10
3.2.11
3.2.15
3.2.17
3.2.20
3.2.23
E.
DISCUSSION:
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.
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.
Provide bus stops as may be recommended by Eagle.
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.)
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".
City of Eagle approvals shall be subject to any FEMA requirements regarding
the revised study for the Boise River floodplain currently underway by FEMA.
Development shall provide pedestrian/bicycle public access to the paved
pathway along the Boise River as required in the Eagle Comprehensive Plan.
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.
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.
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. With the approval of Mixed Use Subdivision No.3, the
applicant proposed to develop a portion of the parcel with four commercial lots served by a
common access drive (the applicant intends to provide four additional commercial lots with
this subdivision). Separating the four (4) existing commercial lots from the proposed four (4)
commercial lots is a strip of land approximately 48-feet wide. Presumably the intent of this
strip of land may be to provide access to the large parcel of land south of the commercial lots.
It is stated in Article 3.2.5 of the development agreement for this site to allow sufficient
flexibility in developing the site while maintaining the general intent of the concept plan at the
time of detailed planning. Since the site was shown to be developed with residential uses as
well as a roadway system, the question arises as to how vehicular and pedestrian traffic will
eventually circulate throughout the site. Since the question remains as to how this large parcel
of land south of the commercial lots will develop (commercial or residential) the provision for
a public roadway to this parcel should be accommodated, which would require a minimum 50-
foot wide strip of land. The applicant should revise the final plat to provide a minimum width
of fifty-feet (50') between the eastern boundary of Lots 10 and 11, Block 4, and the proposed
western boundary of Lots 13 and 16, Block 4, for the possible extension of a public roadway
to the large parcel south of the aforementioned lots.
.
The applicant is proposing to subdivide portions of Lots 1 and 2, Block 3, and Lot 3, Block 4,
similar to the previously approved Mixed Use Subdivision No.3 (subdividing parcels of land
from a larger parcel; a succession of land divisions from large to small). This division of only
a portion of a larger lot results in remnants of land which in effect are not defined lots pursuant
to typical platting procedures. Past Council action with Mixed Use Subdivision No.3
determined these remnants may be considered acceptable since all the lands within this
property are subject to the requirements and conditions of Mixed Use Subdivision No. I (the
original subdivision) as well as the development agreement for this site, regardless of how
each parcel has been created.
With this application however, the division of a portion of Lot 2, Block 3, results in two
remnant pieces of land, one of which will not comply with the minimum lot size for an MU
zoning district (minimum 7,000 square feet). Essentially, both remnants of land are still
considered as one parcel since the subdivision of land is within a larger parcel remaining
under the control of one owner. Because the larger remnant portion of Lot 2, Block 3,
conceivably is able to (and most likely will) be re-subdivided, the concern arises as to the
future status of the small remnant piece. It should be noted that a subdivision identification
(Eagle River) sign has been installed upon this small remnant piece, which presumably is the
reason for this remnant parcel's configuration. Once the larger portion of Lot 2, Block 3, is re-
subdivided, the small remnant should be designated as a common lot to be owned and
maintained by a business owner's association in order that the parcel does not become a "de
facto" lot under the control of no guiding conditions. It is staff's opinion that since this small
remnant parcel of land remains as part of Lot 2, Block 3, and therefore under control of the
guiding set of conditions of both a development agreement and the requirements of Mixed use
Subdivision No.1, the lot configuration may remain as proposed. However, upon any re-
subdivision of Lot 2, Block 3, the small remnant parcel should be designated as a common lot
to be owned and maintained by an association of the property owners of the Eagle River
development.
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.
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 October
28, 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 3 to 0 (Bloom, Franden absent) to recommend approval of PP/FP-4-02 for
a combined preliminary plat and final plat for Mixed Use Subdivision No.4 with the following
staff recommended site specific conditions of approval and standard conditions of approval with
text shown with underline to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with the conditions noted in the October 22, 2002, letter from the City Engineer.
2. Comply with all requirements of the development agreement for this site dated, January 25, 2000,
between the City of Eagle and Eagle River LLc.
3. Comply with all conditions ofPP-14-00 (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. Revise the final plat to provide a minimum width of fifty-feet (50') between the eastern boundary of
Lots 10 and 11, Block 4, and the proposed western boundary of Lots 13 and 16, Block 4.
6. 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.
7. Upon any re-subdivision of Lot 2, Block 3, the small remnant parcel abutting the eastern boundary of
Lot 8, Block 3, shall be designated as a common lot to be owned and maintained by an association of
the property owners of the Eagle River development.
8. 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.
9. The revised plat presented to the Commission on October 28.2002, which shows the eastern boundary
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line abutting: Lots 14 and 15. Block 4. shifted to the east of the previously proposed boundary line. is
accepted as a part of this application.
STANDARD CONDITIONS OF APPROVAL:
1.
2.
3.
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.
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.
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.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
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 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.
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 fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall 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.
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 final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed 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.
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 final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp 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 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.
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 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 12,2002.
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 September 30, 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 September 25, 2002. Requests for agencies'
reviews were transmitted on September 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
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preliminary plat and final plat (PP/FP-4-02) 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 applicant is required to design the proposed lots to allow for the future
extension of a public road right-of-way to adequately serve the further subdivision of Lot 8,
Block 4; 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 since the previously approved
development agreement for this site provides guidance in the development of the property, and
which allows flexibility in the types of uses constructed within the site; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer from the 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 fire hydrants have been or 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 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 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;
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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.
DA TED this 4th day of November 2002.
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Sharon. Moore, Eagle City CI rk
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