Findings - PZ - 1991 - for Subdivision - Melvin's Eagle Point Subd #3
CITY OF EAGLE
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IN THE MATTER OF
MELVIN'S EAGLE POINT
SUBDIVISION, #3
AN APPLICATION FOR A
SUBDIVISION
FINDINGS OF FACT &
CONCLUSIONS OF
LAW
On September 16, 1991, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 9, Eagle City Code, Max A. Boesinger, representative for
Melvin and Ida M. Lindsay, owners of the 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, in a Residential District, R4, (4
uni ts per acre).
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: '
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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, Idaho State Transportation
Dept., Meridian School District, Eagle Water Co., Eagle Fire
Dept., Idaho Power, 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.
2.
On September 16, 1991, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony in
opposition was received by the Commission by Chuck Bowers
regarding the water supply to the subdivision.
3.
This development is located on East Edgewood Lane, North of
the golf course, 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: Preliminary plat procedures
9-2-4: Final plat procedures
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
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:
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 County Highway District. Signatureby
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 by the Regional
Health and Welfare Environmental Services Office is required
and 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.)
4.
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.
5.
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 approve all fire hydrant
locations. Minimum flow per hydrant shall be 1000 gallons
per minute.
7 .
Comply with Idaho Code, section 31-3805, concerning
irrigation rights, transfer and disclosure.
8.
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 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
10.
12.
13.
14.
15.
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.
Developer shall comply with all requirements and
restrictions of the Eagle City Code sections regulating
Special Development Subdivisions including, but not limited
to, Hillside Subdivisions, Planned Unit Developments,
Cemetery Subdivisions, Floodplain Development and Areas of
Critical Concern. (if applicable)
11. All Subdivider within the City limits shall be required to
install, at subdivider's expense, street lights in
accordance with Idaho Public Works Association
specifications and standards at locations designated by the
Eagle City Engineer. After installation and acceptance by
the City Engineer, all street lights in public right-of-
way shall become City property. The subdivider has the
option of completing street light installation prior to
signing of the final plat by the Eagle 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
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.
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. '
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.
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
16.
17.
18.
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 t,he City Clerk
prior to signing of the final plat by the City Engineer.
Developer and/or owner shall provide the City Clerk with a
blueprint of the final plat, which has been reviewed,
approved and initialed by the Ada County Engineer for
subdivision name, and lot and block numbers in conformance
with I.C. 50-1307, prior to scheduling of the final plat for
hearing.
Complete construction drawings shall be submitted to and
approved by the Eagle City Engineer prior to the approval of
the final plat of phase 1 by the Eagle City Council.
ADOPTED by the Eagle Planning and Zoning Commission of the City
of Eagle, Idaho this ~ day of October, 1991.
APPROVED:
ATTEST:
BARBARA MONT~MERY' CITY CLERK
4
CHAIRMAN TOM EASON
PLANNING AND ZONING
COMMISSION
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Marvin Subdivision adopted by the Eagle Planning and
Zoning Commission Off October 21, 1991, are hereby adopted by the
Eagle City Council.
DATED this ~ day OfC}1oI£/)JJw, 1991.
A\kQJL
MAYOR STEVE GUERBER
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