Findings - CC - 1994 - Annex/zoning R2/subd Preliminary plat - Annexation/R2 Pp. 140.23 Acres 233 Lots/Amenitites
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR)
FALL CREEK SUBDIVISION)
AN APPLICATION FOR)
ANNEXATION, ZONING AND )
A SUBDIVISION, )
PRELIMINARY PLAT, )
BY B.M. INC. dba )
DENNIS BAKER)
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On October 26, 1993, Nov 9, 1993, Dec 7, 1993, and Jan 4, 1994,
pursuant to public notice and hearing procedures set forth in Idaho
State Code, Sections 50-222, 67-6509, 67-6525 and Eagle City Code,
Title 9. Dennis Baker, the applicant, came before the Eagle City
Council, in the City of Eagle, Idaho, requesting approval for
annexation, zoning of R2 and a preliminary plat. The subdivision
consists of 140.23 acres, 233 lots, 1.66 dwelling units per acre,
landscaped areas, bike paths, and a proposed pedestrian pathway
along the Chevron pipe line. Parks and School site are on the
adjacent 82 acres.
This application includes a Land Exchange Agreement with Boise for
Boise Sewer Property. This exchange is for 82 acres owned by
Dennis Baker to be exchanged for 47 acres owned by Boise City.
There has been an agreement between Boise City and Dennis Baker in
which Boise City will make available a 7 acre elementary school
site for up to 3 years from the date of closing. Boise will use a
35 acre parcel for a city park or a city park/school site. Boise
will use best efforts to complete the park in a timely manner, but
the development shall be contingent upon fund availability
considering constitutional limitations. Boise will represent this
development project as a high priority in each years budget
development.
The agreement calls for removing the 82 acres from the Eagle Impact
Area.
This subdivision is located at the E side of NEagle Rd, approx 1/4
mile N of Chinden Blvd.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Council finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
On August 16, 1993 The Eagle Planning and Zoning Commission
held a public hearing on Fall Creek Subdivision, annexation,
R2 zoning and preliminary plat and continued the matter. On
September 13, 1993 The Eagle Planning and zoning Commission
recommended approval of the preliminary plat for Fall Creek
Subdivision with the following conditions:
1.
2.
3.
All Eagle Subdivision conditions are required
All lots south of the creek are eliminated
The area along the foot hill be maintained and
accessible for the people who have wells in that area
The Eagle Impact Area boundaries are not changed
Maintain 25 ft setbacks on both sides of the creek
as to retain its natural state
The CC&R's provide for a minimum of 4 trees per lot,
at a caliper of 2 to 3
The Meridian School should agree to accept the
designated school site a school site.
4.
5.
6.
7 .
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to the
appropriate public and private entities with responses to the
proposal being received in the City Clerk's office from those
entities. Those responses are as follows:
2.
RESPONSES RECEIVED FROM
ENTITIES:
12/6/93: MERIDIAN SCHOOL DISTRICT #2: The location of the school-
park site is acceptable. Water and sewer must be appropriate to
serve an elementary school for 550 students.
EAGLE CITY ENG: 8/16/93: The following are not necessarily
recommendations but items Council should be aware of as they
discuss the plat:
1. Drainage: Do the water amenities have live water on year around
basis? If so, how is flow maintained?
I recommend the developer either (a) Provide detailed plans showing
bank slopes, water depth, landscaping, etc for the City Engineer's
review or (b) The City will develop minimum standards for water
amenities.
3. All lots backing up to the D#4 ditch (south boundary) should be
re-dimensioned so no portion of the lot extends into the District's
exclusive easement. Developer must comply w/ requirements of
Drainage District #4.
4. All ditches and canals that cross the property shall be
identified by name, owner or user, and whether or not the ditch has
a continuous source of water.
S. Transportation: The developer should discuss the possible
extension of S. Fisher Creek Ct. and E. Fall Creek Dr. to the E for
tie-in to Chinden.
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6. S. Fisher Creek Ct. is over 800 ft long, S. Dave Creek PI is
about 55 ft, all other cuI de sac's are less than required 500 ft.
long.
7. S. Fall Creek Dr. is shown as a collector street.
are local.
All other's
8. What are development requirements on
deceleration or acceleration lanes required?
9. Sewer:
Plant?
Eagle
Rd.
Are
How will the sewer be extended to the W Boise Sewer
10. Water: The developer should identify the lots to be used for
domestic wells.
11. Miscellaneous: When will the Land Exchange agreement w/ Boise
be executed by Boise and B.W. Inc.?
EAGLE FIRE DEPT. 1. Install address numbers on every building,
house or apartment, so as to be clearly visible from the street.
Numbers shall be a minimum of 3.50" high in accordance with Fire
Codes. 2. Fire Apparatus Access Roads shall comply with Article
10-Div. II, 1991 Uniform Fire Code; 3. Fire-Flow Requirements for
buildings; The minimum fire-flow and flow duration requirements
one-and two-family dwellings having a fire area which does not
exceed 3,600 sq. ft. shall be 1,000 gallons per minute. Fire flow
and flow duration for dwellings having a fire area in excess of
3,600 sq. ft. shall not be less than that specified in Table No. A-
III-A-l. A reduction in required fire flow of 50%, as approved by
the chief, is allowed when the building is provided with an
approved automatic sprinkler system; 4. The average spacing
between hydrants shall not exceed that listed on table No. A-III-B-
1 of the 1991 Uniform Code.
CHEVRON: 8/4/93: letter attached. The Chevron Pipeline Co. has no
objections to the proposed development, and recommends approval of
the project, provided the following terms and conditions are met:
D.
E.
F.
A.
B.
Must obtain a written line crossing agreement;
Will not construct or erect any building, house,
improvement, construction or obstruction in the easement
area;
Landscaping on the easement will include grass, shrubbery
or plants which have a root system which reaches a depth
of one foot or less;
Any roadway or parking area to cross the easement shall
be required to provide a min. of 4 ft of cover over the
pipeline
Any construction activity across the easement requires 48
hr notice to digline;
No markers are to be removed, altered or adjusted without
C.
3
G.
prior written agreement;
Any utility required to cross the CPL facilities shall be
provided they cross a minimum of two ft below the CPt
facilities and constructed only in the presence of a CPL
representative.
DRAINAGE DISTRICT NO 4: The district owns an exclusive 35 ft right
of way to maintain and operate its drainage ditch coursing rough
the extreme southerly portion of the proposed subdivision. At no
time may buildings or structures of any kind be erected and
maintained on the right of way, nor any trees or shrubs be planted.
The ditch in its present condition and location may not be altered
or chanted, and use of the ditch for any purpose, (discharge of
surface run off waters) will not be permitted except by prior
license and approval.
ITD: 8/9/93:The developer is responsible for designing and
constructing an acceleration/deceleration lane for the 2 entrances
onto Eagle Rd. A traffic signal will be needed in the future. The
cost for design and construction w/ be the responsibility of the
developer. Turn bays will be needed on Eagle Rd at the time Fall
Creek Dr. and Eagle Creek Dr are constructed. The developer is
responsible for design and construction. 10/25/93: Comments the
same with the exception they may need additional right-of-way for
the deceleration/acceleration lane. Part of this area is wetlands
and a 404 permit will be needed before construction. Therefore,
ITD recommends the condition that the mitigation measures requested
by ITD are done by the developer.
EAGLE SEWER DIST: The project is w/in the District and is annexed
but there are no sewer lines and they have seen no sewer plans.
The sewer line depth, size and distance between the development and
the treatment plant are of concern because of the high groundwater
in the area. The possibility of infiltration into the sewer system
has been discussed. 10/22/93: The District looks upon the
deannexation of Fall Creek with favor as the demand for sewer
service within the District's current planning area is steadily
increasing. In addition, the District is concerned that any sewer
line constructed to serve this subdivision would require relatively
high maintenance costs.
ACHD: Site specific requirements: Comply with ITD, E. Fall Creek
Dr. to collector standards, provide pavement widening along Eagle
Rd to allow striping of 3 lanes as each phase is constructed, and
the developer shall pay for the installation of a signal at the
intersection of Eagle Rd. and Fall Creek Dr.
CENTRAL DISTRICT HEALTH: Can approve for central sewage and water.
Must contact DEQ concerning storm water disposal and best
management practices for disposal.
4
DEPARTMENT OF WATER RESOURCES: 11/1/93: DWR administers the
Stream Protection Act. The act requires a Stream Channel
Alteration permit from the department before any activity below the
ordinary high water mark of a perennial stream. Application should
be submitted 60 days before the work is scheduled.
3.
4.
On January 4, 1994 the Eagle City Council concluded the final
public hearing proceedings. Public testimony was heard and
written objections have been entered into record. The
concerns of the public included: density, a desire for fewer
lots on the S side of the project, a request for a performance
bond, sensitive area issues, wildlife, impact on schools,
traffic, air quality, economic considerations, and impact on
future generations.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
1993 EAGLE COMPREHENSIVE PLAN
Low Density Residential (2 or fewer
The Land Use Designation Map:
dwelling units per acre).
This location is in the 1993 Eagle Comprehensive Plan as a "Special
Area" the following is a portion of the plan:
Special Areas
Areas identified on the Land Use Plan to have special significance
to the City and which warrant analysis and consideration related to
conservation and preservation. Such special areas may be
designated because of their recognized historic, environmental,
scenic, or architectural significance.
POLICIES AND GOALS
1.
To preserve the rural transitional identity.
2.
To preserve the natural features and resources of Eagle.
3.
To establish land use patterns and zoning districts that do
not exhaust available services such as sewer, water, police,
fire protection, recreational areas, highways and
transportation systems.
4.
To promote compatibility between zoning districts.
5.
To identify the foothills, the Dry Creek Floodplain and the
Boise River Floodplain as Special Areas due to its
environmental and scenic significance.
6.
To create special development and design review standards for
5
10.
11.
12.
properties characterized by a Special Area designation.
Special Areas shall be given consideration for a Planned Unit
Development (PUD) zoning classification.
7.
To assess and consider factors such as public services,
environmental and social impacts when evaluating proposals for
industrial projects and development.
8.
To provide for a broad spectrum of housing types including
apartments, townhouses, condominiums, single family attached,
affordable and subsidized housing and large acreage
developments.
9.
To establish categories of residential land use based upon a
range of possible residential densities. Residential density
within a land use category may vary within the prescribed
range from project to project depending upon individual
circumstances and property characteristics such as
topography, environmental issues, design and land use
compatibility. Residential density shall be based on the
number of residential dwelling units per gross acre as defined
in the Eagle Zoning Ordinance.
To encourage clustering and density transfer techniques to
provide for recreational opportunities and for the
preservation and acquisition of open space as part of Planned
Unit Developments. Plats involving ten or more lots are
encouraged to file such requests as part of a planned Unit
Development. Density shall be calculated on a gross basis by
dividing the number of acres in the plat by the proposed
number of dwelling units.
To encourage preservation of agricultural land by protecting
agricultural and farm related uses and activities from land
use conflicts or interference created by residential,
commercial, or industrial development.
To 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.
ANNEXATION
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all potions of
highways lying wholly or partially within the annexed area.
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67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA
67-6509: NOTICE PROCEDURES
1-10-2:
EAGLE CITY CODE:
ANNEXATIONS: Whenever any land lying contiguous or
adjacent to the City shall be or shall have been laid off
into blocks containing not more than 5 acres of land in
each when lawfully subdivided 0 platted or not; or
whenever any person has sold or begun to sell such
contiguous or adjacent lands in tracts not exceeding 5
acres; or whenever he owner or his agent on such
contiguous and adjacent lands hall request annexation in
writing to the Council, the City Council, by ordinance,
may declare the same, by proper legal description, a part
of the City; provided, that a showing must be made that
the area to be annexed can reasonably be used for orderly
development of the City and not connected to the City
only by a shoestring or strip of land upon a public
highway.
TITLE 6-5-1:
WATER SYSTEM
6-5-3: Service area: shall be only that area w/i the corporate
limits of the City, and other contiguous and neighboring territory
as the City Council shall deem necessary.
Connection to Water System Required: Every parcel of land or
premises w/i the boundaries of the City, improved by new
construction for occupancy and occupied or used by any person or
person or as a commercial business shall be connected to the City
water department public water system so long as the area is within
the service are of the City water system. The owner or person in
charge of such land shall make or cause to be made, such connection
w/i 60 days after receiving official notice from the City to so
connect. all charges associated wi the laying of pipe from the
home or facilities to be served by the City's mains shall be the
responsibility of the user and shall be properly designated and
constructed in conformity wi requirements specified by the City.
If a parcel of land is not w/i 300 of the water main connection may
not be required unless the City elects to extend the water main to
w/i 300' of the applicants property.
TITLE 6-7-1:
Parks Committee requirements
TITLE 8-Z0NING
8-7-6:
8-8-2:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
7
TITLE 9-SUBDIVISIONS
9-1-3:
9-2-3:
9-2-4:
9-2-3:
9-4-1:
9-4-2-2:
9-5-3-7:
PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
PRELIMINARY PLAT PROCEDURES
FINAL PLAT PROCEDURES
DESIGN STANDARDS
REQUIRED IMPROVEMENTS, THE FOLLOWING ARE ONLY A PORTION
OF THE CODE:
1. STREET LIGHTS (MAY BE REQUIRED)
2. SIDEWALKS AND PEDESTRIAN WALKWAYS
3. WATER SUPPLY AND SEWER SYSTEMS
4. STORM DRAINS
5. FIRE HYDRANTS
6. GREENBELT AREAS (MAY BE REQUIRED)
GUARANTEE OF IMPROVEMENTS
1. PERFORMANCE BOND
2. CASH DEPOSIT
MAINTENANCE REQUIRED
10-1-2(A): Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities.
10-1-8-1: GENERAL BUILDING REQUIREMENTS: (A) Where elevation data
is not available, either through the Flood Insurance Study or from
another authoritative source, applications for building permits
shall be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a
local judgement and includes use of historical data, high water
marks, photoqraphs of past flooding and any other relevant factors-
CONCLUSIONS
Based upon the foregoing FINDINGS OF FACTS the Eagle City
Council concludes that the application for annexation, zoning of
R2, and a preliminary plat for Fall Creek Subdivision is consistent
with the intent and purpose of the Idaho State Code, The 1993 Eagle
Comprehensive Plan and Eagle City codes. The annexation and zoning
of this subdivision serves the welfare of the general public, and
is in the public interest.
There is adequate evidence showing that this subdivision
development, at the proposed location, satisfies the general
standards for approval of a subdivision set forth in section 9-1-3
of the Eagle City code, the General Subdivision Provisions. The
development, if the conditions attached are met, will not violate
8
the Idaho Code nor nullify the interests or purposes of the Eagle
City Code or Eagle Comprehensive Plan and will promote publ ic
welfare and safety. The development provides for harmonious
development in the City of Eagle, and, will provide adequate water
and sewer services through central services. (9-4-1.9)
The Eagle City Council approves the application for Fall Creek
Subdivision, annexation, zoning (R2) and preliminary plat submitted
by B.M. Inc. dba Dennis Baker subject to the following conditions:
1.
2.
All the Eagle Standard Subdivision requirements be met.
A berm be built along the southern portion of the property at
the 25 ft. line from Kidds Creek to prevent runoff of water
and at the same location a open fence be built similar to peel
pole fencing.
An agreement be entered into by the bench residents, all those
property owners adjacent to the subdivision on the bench along
Chinden Blvd., entered into to allow them to participate in
the maintenance of the land that will be left open along Kidds
Creek.
The CC&R's include language that no wood burning fireplaces be
allowed. All wood burning stoves meet EPA requirements, that
would allow gas, and others that are non-polluting.
A 25 ft setback along the south side of the property line to
the two westerly lots, be provided and preserved as a natural
area.
The CC&R's provide for 4 trees per lot and that they be 2 inch
to 3 inch caliper in size. Only one level homes be built
along Eagle Rd, and that the subdivision include installation
of a pressurized irrigation system throughout the subdivision.
A land swap agreement with the City of Boise be developed that
is acceptable to the City of Eagle as it pertains to the
following matters:
a. development of land to the west being traded as a park:
b. acceptance and development of proposed school site;
c. restrictions on spreading, processing, and storing sewage
on land in the Eagle Area of Impact; and
d. development of an extension of Joplin Road to the east side
of the proposed subdivision.
3.
4.
s.
6.
7.
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
1.
Developer and/or owner shall comply with all requirements of
Ada County Highway District including approval of the drainage
plan, requirements for installing curb, gutter, sidewalks and
paving throughout the subdivision or as specified by the Ada
9
County Highway District. Signature by the Ada County Highway
District on the plat is required prior to signing of the final
plat by the City Engineer. (I.C. title 50, Chapter 13.)
2.
Correct street names as approved by the Ada County Street Name
committee shall be placed on the plat prior to signing of said
plat by the City Engineer.
3.
Approval of sewer and water facilities, the Idaho Dept of
Health & Welfare and Central District Health are required. The
signature by the Ada County Central District Health Department
is required prior to signing of the final plat by the City
Engineer (I.C. Title 50, Chapter 13 and I.C. 39-118)
A.
The developer shall comply with Eagle City code 9-4-1
pertaining to required improvements within subdivisions.
Required improvements shall include, but not be limited
to, extending all utili ties to the platted property.
Complete construction plans of water and sewer systems
shall be submitted to and approved by the City Engineer
prior to signing the final plat by the City Engineer.
The developer may submit a letter in lieu of plans
explaining why plans are not necessary.
4.
The developer shall place a note on the face of the plat which
states: "Minimum building setback lines shall be in accordance
with the City of Eagle Zoning Ordinance at the time of
issuance of the building permit or as specifically approved".
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
s.
Prior to submitting the final plat for recording, the
following endorsements or certifications must be executed:
Signatures of owners or dedicators, Certificate of the
Surveyor, Certificate of the County Engineer, Certificate of
Central District Health Dept., Certificate of the City
Engineer and City Clerk and signatures of the Commissioners of
the Ada County Highway District and the Ada County Treasurer.
6.
A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations, Minimum flow per hydrant shall be 1000
gallons per minute for one and two family dwelling. Dwellings
having a fire area in excess of 3,600 sq ft shall be required
to have 1,500 gallons per minute.
10
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
7.
Compliance with Idaho Code, section 31-3805,
irrigation rights, transfer and disclosure.
concerning
A. 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
B. The subdivider has provided for underground title or
other like satisfactory underground conduit to permit the
delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
1. Developer may either construct prior to final
platting or bond in the amount of 110% of the
estimated construction costs.
2. Plans must be submitted to the City Engineer
showing the delivery system and approved by a
registered professional engineer prior to signing
of the final plat by the City Engineer.
8.
Developer and/or owner 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 signing of the final plat
by the Eagle City Engineer. A copy of the construction
drawing(s) shall be submitted with the letter.
A. For drainage facilities not belonging to ACHD, the
developer may either construct prior to final platting or
post bond/agreement in the amount of 110% of the
estimated construction costs.
9.
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 all
common areas, storage facilities, recreational facilities,
street lights or open spaces shall be reviewed and approved by
the Eagle City Attorney prior to signing of the final plat by
the Eagle City Engineer.
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 signing of the final plat by the City
Engineer.
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10.
11.
12.
13.
14.
15.
Street light plans shall be submitted and approved as to the
location, height and wattage to the City Engineer prior to
signing of the final plat by the City Engineer. All
construction shall comply with the City's specifications and
standards. The Developer has the option of completing street
light installation prior to signing of the final plat by the
City Engineer or bonding for the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title
9, Chapter 4, Section 9-4-2.2, which specifies that the
improvements to be made shall be done in a time period "not to
exceed one year from the date of approval of the final plat".
A.
Developer and/or owner shall pay street light inspection
fees on the proposed subdivision prior to signing of the
final plat by the Eagle City Engineer.
Developers and lor owner shall delineate on the face of the
final plat an Eagle City street light easement, acceptable to
the City Engineer, for the purpose of installing and
maintaining city-owned street light fixtures, conduit and
wiring lying outside the dedicated public right-of-way, prior
to signing of the final plat by the City Engineer.
The Developer and/or owner shall provide utility easements as
required by the public utility providing service prior to
signing of the final plat by the City Engineer.
The developer and/or owner shall comply with the provisions of
the Eagle City Code which specify limitation on time of
filing. A request for time extension, including the
appropriate fee, shall be submitted to the City Clerk for
processing.
The developer shall comply with the provisions of the Eagle
City Code, pertaining to floodplain (and river protection)
regulations prior to submitting the final plat for signature
by the City Engineer.***
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 and approved by the
Eagle City Attorney prior to signing of the final plat by the
Eagle City Engineer.
16.
The developer is to place a note on the face of the plat which
states: "This subdivision is subject to the requirements of
the Uniform building Code (UBC) as regulated the City of
Eagle. "
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17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Wet line sewers are required and the developer shall furnish
the City Engineer with a letter from the sewer entity serving
the property, accepting the project for service, prior to
signing of the final plat by the City Engineer (B.C.C. 9-20-
8.4)
No ditch, pipe or structure for irrigation water or irrigation
waste water shall be obstructed, routed, covered or changed in
any way unless such obstruction rerouting, covering or
changing has first been approved in writing the ditch company
officer in charge. A copy of such written approval by the
ditch company officer shall be filed with the construction
drawing and submitted to the City Clerk prior to signing of
the final plat by the City Engineer.
The recreation/greenbelt area along the Boise River and/or
parking therefore shall be approved by the Eagle City
Greenbelt Committee prior to approval of the final plat by the
Eagle City Council.***
The development shall comply with the Boise River Plat in
effect at the time of City Council consideration of the final
plat.****
Conservation, recreation and river access easements shall be
approved by the Greenbelt Committee and shall be shown on the
final plat.***
The developer shall obtain approval of the development
relative to the effects of the Boise River Flood Plain from
the Corps of engineers prior to approval of the final plat by
the City Engineer.***
Approval of all well water for domestic use by the Idaho
Department of Water Resources shall be obtained prior to
signing of the plat of phase 1 by the Eagle City Engineer***.
The developer shall obtain approval of the development
relative to its effects on wetlands or other natural waterways
from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to
signing of the final plat by the City Engineer.****
All homes being constructed with individual septic systems
must have the septic systems placed on the street side of the
home.****
Basements in
prohibited.******
the
plain
be
will
homes
in
flood
Developer shall comply with all requirements and restrictions
of the Eagle City Code and Eagle Comprehensive Plan, sections
13
regulating Special Development Subdivisions including, but not
limited to, Hillside Subdivisions, Planned Unit Developments,
Cemetery Subdivisions, Floodplain Development, Areas of
Critical Concern and special designated areas recognized to be
historic, environmental, scenic or have architectural
significance. (if applicable)
28.
The City Parks Committee shall review and approve or reject
all landscaping applications required to be submitted for the
development of parks and landscaped areas and planting of
street trees, and shall oversee such development and planting
for the welfare of trees, shrubs and other vegetation to all
entrances to subdivisions.
29. A developer may either construct improvements before filing of
the final plat or to provide a financial guarantee of
performance by a performance bond in the amount of 110% of the
total estimated cost for completing construction. Financial
guarantee can also be a cash deposit, certified check,
negotiable bond or bank letter of credit.
****those developments in the flood plain, greenbelt or Boise River
area
This conclusion shall not be construed as endorsing the precise
location and nature of proposed uses or engineering feasibility.
A final development plan and subdivision plat must be submitted by
the applicant to the Council proving conformance with the
conditions established herein and providing such additional
information as is required under Sections 8-6-6-3 and 9-2-4 of the
Eagle City Code.
The annexation, zoning and conditions set forth in these Findings
of Fact promote the harmonious development of land by limiting the
potential for conflict between the residential use of land in this
subdivision and the industrial use of land currently owned by the
City of Boise that is subject to the land swap agreement.
Furthermore, these conditions will provide for public park and
school sites, as well as roadways necessary for the continued
growth of Eagle, especially in the area near this development. The
publics' and future homeowners' health and safety are also
protected by these conditions including th e requirement that
restrictions be placed on spreading, processing, and storing sewage
on land in the Eagle Area of Impact, which is near this development
and promote to the land being traded with the City of Boise to be
used for school and park sites, and the limitations placed on
woodburning fireplaces.
ADOPTED by the Eagle City Council of the City of Eagle, Idaho this
~ day of January, 1994.
14
. AP~ED: Q 0
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MAYOR STEVE GUERBER
15
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