Findings - PZ - 1992 - Preliminary & Final Plat - Avante Casa Subdivision For Preliminary/Final Plat
CI'l'Y 01' BAGLB
IR 'l'IIB JlATTBR 01'
AVA!ft'B CASA SUBDIVISIOR
U APPLICATIOR FOR A
PRBLIXIlQRY AlfD PIIIAL
PLAT APPROVAL
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PIRDIRGS 01' PACT
AlfD CORCLUSIORS 01'
LAW
On March 16,1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 9,
Eagle City Code, Tony Hickey owner of the Avante Cas a property and
the applicant, came before the Eagle Planning and Zoning for the
City of Eagle, Idaho, requesting approval of an application for a
subdivision preliminary plat and final plat, in a Residential (4),
4 units per acre district.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
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
relevant public entities, including Central District Health,
Eagle Sewer District, Ada County Highway District, Meridian
School District, Eagle Water Co., Eagle Fire Dept., Idaho
Power, Dry Creek Ditch Co. Ltd, and Ada County Development
Services. The City was advised by said entities that subject
to certain conditions there was no objection to the
establishment of the proposed development. The Dry Creek
Ditch Co. Ltd. submitted 3 conditions of approval. (attached
exhibit "A".
2 .
On March 16,1992, a public hearing was conducted by the Eagle
Planning and Zoning Commission. There was adverse testimony
received by the Commission by Richard and Bonnie Martin, and
Don Crawford. The public was concerned about stagnate water
in ponds, water rights and drainage problems. Concern was
expressed by the Planning and Zoning Commissioners regarding
the length of the proposed driveway and the surfacing of the
driveway.
3.
This development is located on North Edgewood Road, between
Hill Rd., and State St. This is a 4 lot subdivision on 7.1
acres, 3 lots are building lots and one lot is a common lot
designed to be a driveway maintained by common interests
between the 2 rear lot owners. The subdivision is within the
City limits of the City of Eagle.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
With respect to the review of the preliminary plat:
Title 9-Land Subdivisions:
9-2-3 (B): Combining Preliminary and Final Plat in a Minor
Subdivisions
9-3-7: Planting strips and reserve strips standards
a. planting strips shall be required to be placed next
to the incompatible features such as highways, railroads,
commercial or industrial uses to screen--shall be a
minimum of 20 ft wide and not part of the normal street
right of way or utility easement.
9-4-1: Required improvements, (the following are only a
portion of the code)
a. Street lights (may be required)
b. Sidewalks and pedestrian walkways
c. Water supply and sewer systems
d. Storm drains
e. Fire hydrants
f. Greenbelt areas (may be required)
9-4-2-2: Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
CITY 01' BAGLB
STAImARJ) CORDITI08S
pOR SUBDIVISIOR 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
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.
Approval of sewer and water facilities by the Regional Health
and Welfare Environmental Services Office is required and
signature by the Ada County Central District Health Department
7 .
3.
is required prior to signing of the final plat by the City
Engineer (r.c Title 50, chapter 13.) Must be approved by the
Eagle Sewer District prior to signing of the final plat by the
City Engineer.
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".
4.
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
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.
5.
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.
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
6.
Developer and lor 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 facili.t.ies 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.
The subdivider shall be required to install, at subdivider's
expense a street light in accordance with Idaho Public Works
Association specifications and standards at a location
designed by the City Engineer. After installation and
acceptance by the City Engineer, any street light in the
public right-of-way shall become City property. The
subdivider has the option of completing street light
11.
13.
14.
installation prior to signing of the final plat by the City
Engineer or bonding for 110% of the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title
9, Chapter 4, Section 9-4-2.2
8.
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.
9.
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.
10.
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."
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.
Approval of all well water for domestic use by the Idaho
Department of Water Resources shall be obtained prior to
signing of the plat.
BASED ON THE FORGOING FINDINGS OF FACTS AND CONCLUSIONS OF LAW the
Eagle Planning and Zoning Commission recommend to the Eagle City
Council the application be approved subject to the following
conditions:
1. Standard Subdivision Conditions
2. Require a cul-de-sac at the end of the driveway
3. to blacktop and asphalt the driveway
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this ~ day of April, 1992.
APPROVED:
CAAI~ L1YD GERBER
PLANNING AND ZONING
COMMISSION
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FINDINGS OF FACTS AND CONCLUSIONS OF LAW
Avante Cas a Subdivision-preliminary
and final plat approval
EAGLE CITY COUNCIL
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendations
regarding the application submitted by Tony Hickey adopted by the
Eagle Planning and Zoning Commission on April 6, 1992 are hereby
adopted by the Eagle City Council.
On April 14,1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 9,
Eagle City Code, Tony Hickey owner of the Avante Cas a property and
the applicant, carne before the Eagle City Council for the City of
Eagle, Idaho, requesting approval of an application for a
subdivision preliminary plat and final plat, in a Residential (4),
4 units per acre district.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle City Council finds
the following:
1. April,14, 1992 the Eagle City Council preliminarily approved the
project conditioned on resolving all conditions focusing on
realignment of Edgewood Ln/Hill Rd, and water problems. Final plat
approval would be considered at the time all standard conditions
are met, including traffic and water. All recommendations of the
Planning and Zoning are adopted.
DATED this ~ day of
A~~" We.,
-..,I¡yJl. -~....,
MAYOR STEVE GUERBER
2. On May 12, 1992 the Eagle City Council agreed that the afore
mentioned conditions focusing on road and water problems had been
met and approved the final plat with City Standard Subdivision
Conditions, and conditioned further, the Covenants must be accepted
by the City Attorney prior to signing the final plat, and the
culdesac and road paved prior to any building permi~a..b8¡' }g issued
in this subdivision. .."'~~1 OF E'1r;:'ot""'4
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CLERK
MAY , 1992.
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