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Findings - CC - 1995 - VanEngelen Subd - Annex/Zoning R4/Preliminary Plat Approval for VanEngelen Subd CITY OF EAGLE IN THE ~TTER OF ) AN APPLICATION FOR) VAN ENGELEN SUBDIVISION) AN APPLICATION FOR) ANNEXATION, ZONING AND ) A SUBDIVISION, ) PRELIMINARY PLAT, ) BY CRAIG VAN ENGELEN &: ) Rick Roe ) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On September 19, 1994, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Craig Van Engelen and Rick Roe, the applicants, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for annexation, zoning (R4) and a subdivision preliminary plat. This subdivision is located approx. 1 mile west of downtown Eagle on South side of State Highway 44. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. On September 19, 1994, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners. There was no opposing testimony but inquiries were made regarding concern about the well lot access, the size and depth of the well and concerns about the Chevron pipe line crossing the property. 2. Written testimony in opposition was received from Linda Baker and Susan Thomas. 3. 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: RESPONSES RECEIVED FROM ENTITIES: ACHD: August 22, 1994, SITE SPECIFIC REQUIREMENTS: 1. Align the proposed entrance to Van Engelen Estates No.2 with the entrance too Van Engelen Estates on the north side of State Highway 44. 1 2. Lot 1, Block 3, the landscape island proposed at the entrance, shall be owned and maintained by the homeowners association. A minimum of 20-feet of paving face-to-face shall be required on each side of the proposed landscape island. Construct the interior streets to a 37-foot back-to-back street section with 4-foot wide sidewalks in 50-feet of right- of-way. Construct the stub street to the west with the blister for a turnaround as shown on the preliminary plat. Comply with requirements of ITD for State Highway 44 frontage. Submit to the District a letter from ITD regarding said requirements. Division of Environmental Quality: 8/31/94, Joy Palmer, Regional Administrator; ..concerns with the potential negative impacts on water quality as a result of subsurface stormwater disposal. Also the well lot must be protected from potential sources of contamination. The well site and construction plans must be submitted to DEQ for review and approval prior to construction. CENTRAL DISTRICT HEALTH: Can approve this for central sewage and water after plans have been submitted and approved by Idaho Dept. of Health and DEQ. Stormwater management shall not degrade water quality. 8/18/94 reiterated comments including stormwater: STORMWATER MANAGEMENT RECOMMENDATIONS 3. 4. 5. We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1. STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 2. ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. 3. CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. for the Stormwater Quality Task Force. 4. URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices, Stormwater Quality, Urban Drainage and Flood Control District, Denver, Colorado. ADA COUNTY ASSESSOR: (letter in file) The legal description is unsatisfactory. EAGLE FIRE DEPT. 1. Install address numbers on every building, house or apartment, 2 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 Art. 10-Div 11, 1991 UFC, this section covers width and turn-arounds. 3. Fire Flow requirements for buildings: The minimum fire-flow and flow duration requirements for one and two family dwellings having a fire area which does not exceed 3,600 sq st shall be 1,000 gal 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-111-A-1. 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. The fire-flow for buildings other than one and two family dwellings shall be not less than that specified in Table No. A-111-A-1, 1991 UFC. 4. The average spacing between hydrants shall not exceed that listed on table A-111-B-1-, 1991 UFC Chevron Pipe Line Company: Sept 7, 1994, R. A. Rayner, Right-of -way- Asst.: A lengthy letter detailing specifics of their easement rights, requirements for the developer to meet if the pipe line is crossed with any utilities and information on using the "right-of- way" DEPT OF WATER RESOURCES: Water rights for a subdivision do not exist in this area except for the existing Sierra Water Co. system on Riverview Street. A new water right for a community well must be approved prior to well drilling. NEW DRY CREEK DITCH CO: The NDCDCo will not allow the transfer of water rights from Ricks River Ridge Subdivision to VanEngelen Estates. Van Engelen Estates already holds water shares well above the Idaho Water Resources guideline. EAGLE WATER CO. Will provide water service to Van Engelen Estates No.2 under its rules & regulations as provided for by the IPUC. EAGLE SEWER DIST. Is within Eagle Sewer District's Planning Area and has been annexed into service boundaries. The District has not seen any sewer construction plans. Sewer service to this project will require a line crossing across the new Eagle Alternate Route. The District is working closely with ITD to insure that no property along the Alternate Route is left without access to the sewer trunk line located along the Boise River. MERIDIAN SCHOOL DIST: The Dist. can predict when completed, this subdivision will house 27 elementary aged children, 21 middle school aged children and 18 senior high aged students. At the present time Eagle Elementary is 104 at capacity, Meridian Middle School is at 130% capacity and Centennial HS is at 113% of 3 capacity. The District is not opposed to growth, but this development wfll cause increased overcrowding in all 3 schools. Before the District could support this subdivision, they would need land dedicated to the district or made available at a minimum price for a school site, with water and sewer capacity. Another bond would need to! pass for construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. The District asks for your help in dealing with the impact of growth on schools. 8/11/94 reiterated information. IDAHO POWER: Require a permanent 10-ft. wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. 8/16/94 Reiterated. ITD: Have reviewed the preliminary plat and are working with MTC Engineers to match the proposed subdivision boundary with our proposed right-of-way for the Eagle Alternate Route. u.s. WEST: Requests a 10' easement on front & rear property lines and a 5' easement on all side lines. WRITTEN COMMENT: 8/26/94, Linda Baker, 1229 Hereford, complaint about the poor quality of the map accompanying her notice. 9/19/94, Fax received opposing the development from Susan Thomas, 249 Riverview. 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. 67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA 67-6509: NOTICE PROCEDURES EAGLE CITY CODE: 1-10-2: 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 4 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 ~rea to be annexed can reasonably be used for orderly deve~opment of the City and not connected to the City only! by a shoestring or strip of land upon a public highway. ZONING DISTRICTS 8-2-1: Districts established R Residential Districts: to provide regulations and districts for various residential neighborhoods. Density in an R District shall be determined according to the numeral following the R. The number designates the maximum number of dwelling units per acre. Centralized water and sewer facilities are required in all district exceeding one dwelling unit per acre. 8-2-3: Schedule of District use Regulations: district regulations shall be as set forth in the Official Schedule of District Regulations and in the performance standards. 8-7-2: Zoning Permits and certificates of occupancy A. Zoning Permit 1. Application 2. Plan 3. Approval 4. Expiration 5. Occupancy of permit EAGLE COMPREHENSIVE PLAN LAND USE: Residential uses- 1. The residential densities in the City limits shall not exceed the land use designations as reflected on the Land Use Designation Map, adopted with the 1993 Eagle Comprehensive Plan on May 11, 1993. LAND USE DESIGNATION MAP: dwelling units per acre. Medium density residential. 4 or fewer COMMUNITY DESIGN: (#7) New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City ordinances. COMMUNITY DESIGN: Comply with the Eagle Tree Plan 8/93 TITLE 9-SUBDIVISIONS 5 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: I Title 9-Lrnd Subdivisions: 9-1-3: PURPOSE: The purpose of these regulations is to promote the public health, safety and general welfare, and to provide for: A. The harmonious development of the City and its area of impact; B. The coordination of streets and roads within a subdivision with other existing or planned streets and roads; C. Adequate open space for travel, light air and recreation; D. Adequate transportation, water drainage and sanitary facilities; E. The avoidance of the scattered subdivision of land that would result in either of the following: 1. The lack of water supply sewer service. drainage. transportation or other public services: or 2. The unnecessary imposition of an excessive expenditure of public funds for the supply of such services: or F. The requirements as to the extend and the manner in which: 1. roads shall be created, improved and maintained; and 2. water and sewer and other utility mains, piping connection, or other facilities shall be installed G. The manner and form of making and filing of any plats; and H. The administration of defining the powers and authorities. these regulations by duties of approving 9-2-3: Preliminary Plat Procedures 9-2-4: Final Plat Procedures 6 9-3-1: Design standards A. Street location and arrangements: When an official street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic C. Stub Streets: Where adj oining areas are not subdivided the arrangement of streets in the new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or temporary cul-de-sac. D. Relation to Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, ---- E. Alleys:--- F. Frontage Roads:--- G. Cul-De-Sac Streets: shall not be more than 500 ft. in length and shall terminate with an adequate turnaround having a minimum radius of 50 ft for right of way H. Half Streets:--- I. Private Streets: shall be prohibited--- J. Driveways: Providing access to no more than 2 dwelling units shall be allowed. 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--sha11 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, 9-4-1-2: STREETS AND ALLEYS: In accordance with the standards and specs of ACHD 9-4-1-3: CURBS AND GUTTERS: vertical curbs and gutters shall be constructed on collector and arterial streets 9-4-1-4: STREET SIGNS: Street name signs shall be installed in the appropriate locations at each street intersection in accordance w/ local standards. 9-4-1-5: STREET LIGHTS: All street subdividers w/i the City and area of impact shall be required to install, at the subdividers' expense, street lights in accordance with City specifications and standards at location designated by the Administrator, or 7 representative----. 9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be require on both sides of the street; except, that where the average width of lots as measured at the street frontage line or at the building setback line, is over 100', sidewalks on only one side of the street may be allowed. PEDESTRIAN WALKWAYS: when required, shall have easements at least 10' in width and include a paved walk at least 5' in width. 9-4- 7: BICYCLE PATHWAYS: Shall be provided, as part of the public right of way or separate easement as may be specified by the City Council. 9-4-1-8: UNDERGROUND UTILITIES: are required 9-4-1-12: Greenbelt Areas, landscaping screening 9-4-2-2: Guarantee of improvements a. Performance bond b. Cash deposit 9-5-4-4: Control during development, time limit 1993 EAGLE COMPREHENSIVE PLAN The Land Use Designation Map: Medium Density Residential (4 or fewer dwelling units per acre). Suitable primarily for single family residential development within an urbanized setting. This location is in the 1993 Eagle Comprehensive Plan is outside the "Special Area". Transportation: Policies and Goals: 5. To require that new developments provide for pedestrian, equestrian and bicycle circulation in accordance with adopted local and regional pathway plans. 6. To limit direct access to arterial and collector roadways from residential lots. CONCLUSION The Commission concludes that the application for annexation and zoning (R4), for Van Engelen Subdivision is consistent with the intent and purpose of the Idaho State Code, 1993 Eagle Comprehensive Plan and Eagle City Codes, specifically IC 50-222, 67-6525, 67-6509, City Code 1-10-2, and Title 8-2-1 establishing zoning districts. The zoning designation is in accordance with 8 the Eagle Comprehensive Plan and serves the welfare of the general public, and is in the public interest. The proposed development is appropriate and follows the orderly development of.the City and protects the health, safety and welfare of the 1993 comprehensive plan. There is ad~quate evidence showing that this subdivision development, ~t the proposed location, satisfies the general standards for ~pproval 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 promote public welfare, safety and the Subdivision provides for harmonious development. Granting of the application will not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code or eagle Comprehensive Plan, with the conditions recommended by the Eagle Planning and zoning Commission; RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application for a annexation, zoning (R4) and a subdivision preliminary plat for Van Engelen #2 with the standard conditions and the following: 1. The developer will provide fencing over the Chevon pipeline for lots 37 and 45, block 2 2. Arrangements be made with Fred Kunkler for access to the rental property and well lot. 3. Picnic area in lot 2 (the well lot) 4. Pathway and landscape committee approval 5. ACHD and ITD in connection with the alternate route as far as right of way, etc. 6. Require water service from a franchised water utility. This recommendation 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 Commission and 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 Standard Subdivision Conditions are as follows: 9 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 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 utilities 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. 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. 10 6. A letter: from the fire department is required stating "the developer and/or owner has made arrangements to comply with all requi:r-ements 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 p~r minute for one and two family dwelling. Dwellings having a ~ire area in excess of 3,600 sq ft shall be required to have 1:,500 gallons per minute. Eagle Fire Department shall check off and approve the fire protectioh system prior to issuance of a building permit. 7. Compliance with Idaho Code, section 31-3805, irrigation rights, transfer and disclosure. concerning A. 1he 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 11 10. 11. 12. 13. 14. 15. the Eagle City Engineer. A restric ive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenan e and access easements. Appropria e papers describing decision-making procedures relating 0 the maintenance of structures, grounds and parking areas sh II be reviewed and approved by the Eagle City Attorney prior to signing of the final plat by the City Engineer. Street li ht plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to signing f the final plat by the City Engineer. All construct'~ion 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 Engi eer or bonding for the estimated cost. NOTE: AI~ bonding shall conform to the Eagle City Code, Title 9, Chapt$!r 4, Section 9-4-2.2, which specifies that the improvemerts 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 fin~l plat by the Eagle City Engineer. Developers and lor owner shall delineate on the face of the final plait 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 develbper 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 processin,g. The developer shall comply with the provisions of the Eagle City Cod$, pertaining to floodplain (and river protection) regulations prior to submitting the final plat for signature by the City Engineer.*** i Should tfe homeowner's association be responsible for the 12 16. 17. 18. 19. 20. 21. 22. 23. 24. 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 the City of Eagle. " 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 proj ect 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 13 25. 26. 27. 28. 29. 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.****** in flood plain will be homes the Developer shall comply with all requirements and restrictions of the Eagle City Code and Eagle Comprehensive Plan, sections 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) 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. 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 ADOPTED by the Eagle Planning and zoning Commission of the City of Eagle, Idaho this ~ day of October I 1994. APPROVED: ATTEST: Mary Berent, City Planner City of Eagle Ken Smith, Chairman Planning and Zoning Commission THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding Van Engelen Estates No.2 application for a zoning and preliminary plat before Eagle Planning and Zoning Commission are hereby adopted by the Eagle City Council with the following additional conditions: 14 1. 2. 3. An agreement to pipe Ballantyne Ditch through the subdivision; A pathway on the Chevron pipeline Fencing on the exterior of the subdivision and maintenance of the fences are to be included in the CC&R's. DATED this 24 day of January, 1995. Approved: Attest: Planner Steve Guerber, Mayor City of Eagle 15