Findings - CC - 1996 - Oxford Crt Subd/zoning to R4/PP - A To R4/52 Sf Lots
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BEFORE THE EAGLE CITY COUNCIL
IN THE MA TIER OF AN APPLICATION
FOR OXFORD COURT SUBDIVISION FOR
REZONING AND A SUBDIVISION
PRELIMINARY PLAT BY MAX BOESIGER
INC.
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CASE NO.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
The above-entitled rezone and preliminary plat application having come on and for
consideration before the Eagle City Council on May 28, 1996. The Eagle City Council having
heard and taken oral and written testimony, and having duly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
Findinp of Fact
1.
Applications for rezoning and a subdivision preliminary plat approvals from the
applicant were received by the City of Eagle on January 8, 1996 and were found to be complete
and accepted by the City on January 16, 1996.
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 Code on February 7, 1996 and March 13, 1996. Notice of these public
hearings was mailed to property owners within three-hundred feet (300') of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
January 31, 1996 and March 6, 1996. Requests for other agencies' reviews were transmitted on
January 31, 1996 and March 6, 1996 in accordance with the requirements of the Eagle City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
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3.
Public Hearing before the Planning and Zoning Commission on the application was
held before the Planning and Zoning Commission on February 26, 1996 and continued until April
1, 1996 in order to receive a decision by the Eagle Sewer District regarding annexation of the
parcel of land into the sewer district. The scheduled public hearing was reopened on April 1,
1996, testimony taken, and continued until April 15, 1996 for the purpose of receiving a legal
memorandum from the city attorney regarding the availability of sewer connections. The public
hearing was closed after receiving the city attorney's memorandum.
4.
On April 15, the Eagle City Planning and Zoning Commission recommended to the
Eagle City Council that the rezone and subdivision preliminary plat application be approved
subject to the conditions of approval attached to its Findings of Fact and Conclusions of Law
adopted on that date.
5.
Notice of public hearing before the Eagle City Council on the applications was
published in accordance through the requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City Code on~, 1996. Notice of that public hearing was mailed to owners of
property within three-hundred feet (300') of the subject property in accordance with requirements
of Title 67, Chapter 65, Idaho Code and the Eagle City Code on~, 1996. Requests
for agencies' reviews were transmitted on ~, 1996 in accordance with the
requirements of the Eagle City Code.
6.
A public hearing on the application was held on May 28, 1996 at which time
testimony was taken and the public hearing was closed. At the conclusion of the public hearing
the Eagle City Council took up the matter and rendered its decision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
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7.
The property which is the subject of the application is located in Section 4,
Township 4, North, Range 1 East, B.M. City of Eagle, Ada County, Idaho and is more
particularly located near the corner of Floating Feather Road and Edgewood Road, and north of
Floating Feather Road, north of Farmers Union Canal, are on the west boundary, Lexington Hills
Subdivision, Phase 1 and 4, Eagle, Idaho. The property consists of 22.89 acres.
8.
The owner of the property at the time of the application was Dale Prohaska whose
address is 4129 North 36th, Boise, Idaho 83703. The applicant is Max Boesiger, Inc.
9.
The applicant proposes a rezone from A (agricultural) to R-4 (residential with no
more than four lots per acre) and a preliminary subdivision plat with 52 single-family lots with
a gross density of 2.27 lots per acre.
10.
The property is currently zoned agricultural and is designated on the
Comprehensive Plan land use map as medium density residential.
11.
The subject property is bounded on the north by agricultural property; on the south
by the Farmers Union Canal, agricultural property, and residential property know as Melvin's
Eagle Point Subdivision; on the east by residential property known as Lexington Hills Subdivision,
and on the west by agricultural property.
12.
The proposed subdivision has the following features, amenities, and facilities in its
design:
a.
The subdivision has two (2) ingress and egress roads, Brunswick Drive
which is in the center on the eastern edge of the subdivision and East Daylesford Court located
at the northern end of the subdivision. Both of these roads terminate into Park Forest Way which
then exits from Lexington Hills Subdivision onto Floating Feather Road. A stub street is proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
in the subdivision identified as West Bexley Street which stubs into Farmers Union Canal at the
southeastern edge of the subdivision. No access is provided into the subdivision other than
through Lexington Hills Subdivision.
b.
The Eagle Water Co. is to provide water service to the subdivision, Eagle
Fire District will provide fire and the Eagle Sewer District is proposed to provide sewer service
to the district. The Eagle Sewer District has stated it does not have sufficient capacity to serve
this subdivision.
13.
Comments were received from other public agencies and may be summarized as
follows:
a.
Central District Health: The Central District Health Department on February
14, 1996 and March 11, 1996 responded that after written approval from the appropriate entities
were submitted they would approve the proposal for central sewage and central water, that the
central sewer and water plants must be submitted to and approved by the Idaho Department of
Health and Welfare, Division of Environmental Quality, that street runoff is not to create a
mosquito breeding problem, and that storm water management criteria are recommended.
b.
Meridian School District: On March 11, 1996 Meridian School District
stated, "We have reviewed Oxford Court Subdivision and the impact it will have on the Eagle
Hills Elementary School, Eagle Middle School, and Eagle High School. Attendance at these three
(3) schools will be affected by Oxford Court Subdivision. However, Joint School District No.
2 will place no further requirements on this development. We are in a difficult position and would
appreciate your help in dealing with the impact of growth on our schools;"
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
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c.
Idaho Power: Idaho Power on February 16, 1996 and March 11, 1996
responded, "We require permanent ten foot (10') wide public utility easement along all lots
adjacent to a road right-of-way dedicated to public or private use. "
d.
Farmers Union Ditch Co. Ltd.: On March 8, 1996 Farmers Union Ditch
Co. replied, "We have reviewed the preliminary plat of Oxford Court Subdivision and cannot
approve the same for the following reasons: 1. We see no on-site drainage plan. The Ditch Co.
will not accept any storm water runoff from the street system where paved areas. Must put in
some kind of catch basin retention pond that is capable of handling the 100 year storm without
any runoff into the canal system. 2. A six foot (6') chain-link fence will have to be installed
along the Farmers Union Ditch Co. Ltd. easement as designated on the preliminary plat. 3. Any
irrigation system utilizing Farmers Union Ditch Co. Ltd. irrigation water if any exists for the
property will have to be approved by the Ditch Co. "
On March 11, 1996 the applicant Max A. Boesiger, Inc. replied to Farmers Union as
follows:
I am in receipt of March 4, concerning our proposal of Oxford Court subdivision.
There seems to be some confusion as to the requirements of preliminary and final
plat approvals. We are seeking preliminary plat approval only at this time, and
normally, only if the preliminary plat do we proceed with the technical engineering
and construction drawings. At that point we will then submit plans to you for
approval which is necessary for final plat approval. However, we do need to agree
in principle to our general plans. The pond shown in the preliminary plat
application is a storm drainage retention pond. We also plan to install a headgate
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
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adjacent to the common area at the south end of the property (subject to your
approval of location, etc.) and pipe from there to a pump station located on the
common area, to provide pressurized irrigation to all lots and common area. We
assume from working with you before that you would have no objection to this
general concept of providing irrigation water to the subdivision. If this is not the
case, please let me know as soon as possible.
e.
The Eagle Sewer District responded on February 26, 1996 with the
following: "The Oxford Court property is within the Eagle Sewer District Planning Boundary, but
is not annexed into our taxing boundaries. There is a line located west of Pebble Beach, near the
golf course green, that can serve this property. The District held an annexation hearing for
property on February 12th but tabled a final decision. The District received negative input on the
annexation. There is concern over the District annexing property when we have a known capacity
problem." The Eagle Sewer District also responded on March 20, 1996 with the following quote:
"The property is within Eagle Sewer District's planning area. At the District's March 11, the
Board of Directors voted to annex the property into the district's boundaries. The potential
developer of the property, Richard Boesiger, has given the District written assurance that he
understands the District has a capacity problem. Mr. Boesiger stated that he did not intend to
actually construct a subdivision until the District's expansion plans have received all necessary
approvals and sewer construction permits will be available. The District accepted the annexation
with this standard quote, "fIrst served" condition of approval. In addition the Board directed our
attorney to draw up our own indemnification clause regarding sewer service. The clause will need
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
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to be signed by the developer. The attorney was also directed to investigate the possibility of
placing a capacity statement on the plat map of the subdivision. "
f.
Ada County Highway District: Ada County Highway District on 2/9/96
responded with a draft Staff Report in preparation for a February 14, 1996 ACHD Commission
meeting that in addition to the twenty-two standard ACHD conditions they recommended the
following five specific site requirements:
(1)
Construct the interior streets with a 37-foot street section with a
curb, gutter and four foot wide concrete sidewalk on both sides of fifty foot right-of-way.
(2)
Redesign the intersection of North Bastogne Way, East Daylesford
Court and the future stub street to the parcel to the north to provide a westerly connection
of East Daylesford Court (to the parcel to the northwest) in a connection to East
Daylesford Court with a key intersection no more than 50° from a 90° intersection of the
two streets.
(3)
Provide a stub local street to the southwest (West Bexley Street).
(4)
Provide a $36,300.00 deposit to the public right-of-ways trust fund
for one-half of the cost of constructing a bridge over the Farmers Union Canal (amount
based on a twenty-two foot span) prior to the issuance of any required permits or District
approval of the final plat, whichever comes fIrst.
(5)
Direct lot or parcel access shall not be permitted to West Bexley
Street. Lot restrictions shall be stated on the final plat.
g.
Eagle Fire Protection District: On February 20, 1996 the Eagle Fire
Protection District responded with the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
(1)
Street signs shall be up prior to building homes.
(2)
Fire apparatus access roads shall comply with Part 3, Article 9, 1994
Uniform Fire Code.
(3)
Fire flow requirements for buildings are the minimum fire flow and
flood ratio requirements for one and two family dwellings having a fire area which does
not exceed 36,000 square feet shall be 1,000 gallons per minute. Fire flow and flow
duration for dwellings having a fire area in excess of 3600 square feet shall not be less
than that specified in Table No. A-ll1-A-l of the Uniform Fire Code. 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 not be less than that specified in Table All1-A-l
of the 1991 edition of the Uniform Fire Code.
(4)
The average spacing between hydrants shall not exceed that listed
on Table All1-b-l of the 1991 Uniform Fire Code.
14.
The rezone and subdivision applications are subject to the requirements of Titles
8 and 9 of the Eagle City Code. Pursuant to Section 8- 7-5(D), if the requested rezone is in
accordance with the adopted Comprehensive Plan, the Council may adopt or reject the amendment
under the notice and hearing procedures as provided in the Eagle City Code. Pursuant to Section
9-1-3 the stated purpose of Eagle's Subdivision Code is to promote the public health, safety and
general welfare, and to provide for: the harmonious development of the city and its area of
impact; the coordination of streets and roads within a subdivision with other existing or planned
streets and roads; adequate open space for travel, light, air and recreation; adequate transportation,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
water drainage and sanitary facilities; the avoidance of scattered subdivision of land which would
result in either the lack of water supply, sewer service, drainage, transportation of other public
services or the unnecessary imposition of an excessive expenditure of public funds for the supply
of such services. In detennining the acceptance of a proposed subdivision, the City shall consider
the objectives of Title 9 and at least the following: (1) the conformance of the subdivision with
the Comprehensive Development Plan; (2) the availability of public services to accommodate the
proposed development; (3) the continuity of the proposed development with the capital
improvement program; (4) the public financial capability of supporting services for the proposed
development; and (5) the other health, safety and environmental problems that may be brought
to the City's attention.
15.
The City of Eagle Comprehensive Plan sets forth among other things the purpose
of which is to: protect property rights and enhance property values; ensure that adequate public
facilities and services are provided to the people at reasonable cost; encourage urban and urban-
type development within the incorporated city limits of Eagle that is in harmony with the rural
character of the area; avoid undue concentration of population and overcrowding of land; and
ensure that the development of land is commensurate with the physical characteristics of the land.
16.
In the Transportation section of the Comprehensive Plan, the following relevant
policies are set forth: Transportation planning and land use planning shall be compatible with
Eagle's transportation system and shall be based on projected land use as depicted on the Eagle
Land Use Map; the City is responsible for comprehensive planning within the Impact Area; as the
City continues to experience growth, population will increase as the number of vehicles using the
transportation system will increase; in addition to adding new streets and roadways, modifications
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
to the existing routes will be necessary in order to create a fully integrated, modern, efficient
transportation system that will effectively serve the residents of the City, the business community
and the traveling public.
17.
At the public hearings oral testimony in opposition to the applications was presented
by 37 individuals before the Planning and Zoning Commission and 7 individuals before the
Council.
Additionally, 21 individual letters or written testimony and one letter with 171
signatures in opposition were filed with the City, some of which were authored by individuals
presenting oral testimony. Generally, the relevant testimony in opposition addressed concerns
about traffic being directed solely through the Lexington Hills Subdivision, the incompatibility
of significantly smaller lots in the proposed subdivision as compared to adjacent and nearby lots
in Lexington Hills, and the lack of similar amenities in the proposed subdivision which would tend
to increase use of the Lexington Hills pathways and open spaces by non-residents of Lexington
Hills. Other concerns addressed the use of a cedar fence as a barrier between adjoining Lexington
Hills lots and the proposed lots, and conditions, covenants and restrictions (CC&R) which were
not as restrictive as Lexington Hills.
18.
The configuration of the proposed subdivision would create lots significantly
smaller than the adjoining lots in Lexington Hills. These small lots would tend to reduce the value
of adjoining and nearby lots in the Lexington Hills Subdivision. Additionally, though the
applicant indicated a desire to construct a barrier between the two subdivisions, it became clear
through the public testimony that a cedar fence as proposed would not be compatible with the lots
as developed in Lexington Hills.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
19.
The configuration of roads in the proposed application would route all traffic
through the Lexington Hills Subdivision. Virtually all such traffic would be routed to Parkforest
Way, a local roadway with access to individual residential lots.
Conclusions of Law
1.
The rezone and subdivision permit applications submitted by Applicant on January
8, 1996 are complete and were accepted by the City of Eagle.
2.
All requirements for providing notice of the application and the public hearings
thereon, including notice by publication, notice by mailing, and notice to other agents as set forth
in Title 67, Chapter 65, Idaho Code and the Ordinance of the City of Eagle have been complied
with.
3.
All requirements for the conduct of public hearings as set forth in Title 67, Chapter
65, Idaho Code and the Ordinances of the City Eagle have been complied with.
4.
The City of Eagle has the authority to approve, conditionally approve, or deny the
rezone and subdivision applications pursuant to Title 67, Chapter 65, Idaho Code and Titles 8 and
9 of the Eagle City Code.
5.
The Planning and Zoning Commission on April 15, 1996 recommended approval
of the rezone and subdivision applications subject to the following conditions:
a.
The Covenants, Conditions and Restrictions used for Lexington Hills
Subdivision be adopted for use in the Oxford Court Subdivision;
b.
All pathways are to be paved;
c.
All fencing will be the same as Lexington Hills Subdivision, with no full
length fence between Lexington Hills Subdivision and Oxford Court Subdivision;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
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d.
A reduction of two lots on either side of Brunswick Way. Lot 2 through
Lot 9 would be reduced by one lot in equal amounts on all other lots on that side of the
subdivision. One lot would be taken out of Block 1, Lot 2 through Lot 6 in equal amounts. The
land would be divided equally between those other lots;
e.
The developer shall provide in writing adequate evidence that there is
reasonable sewer capacity for the subdivision;
f.
Require an indemnification clause on the sewer signed by the developer; and
g.
The standard conditions for subdivision approval as set forth by the City of
Eagle and as amended in November 1995.
6.
The development as proposed by the applications and as testified to by the
applicants before the Eagle City Council would have been in compliance with the conditions set
forth by the Planning and Zoning Commission on April 15, 1996.
7.
The Eagle City Council finds the development as proposed is not in accordance
with the Eagle City Comprehensive Plan based upon the reasons set forth herein and further
explained below:
a.
The development cannot be connected to the Eagle Sewer District and,
therefore, does not conform to the policy on sewer supply set forth in the Public Service's
Facilities and Utility Section of the Eagle City Comprehensive Plan;
b.
As proposed, the ingress and egress roads do not provide for a fully
integrated, modern, efficient transportation system that effectively serves the residents of the City
and, therefore, do not confonn to the Transportation section of the City of Eagle Comprehensive
Plan; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
c.
The development as proposed does not enhance property values nor does
it ensure that adequate public facilities and services are provided in light of the inadequate sewer
facilities nor does it avoid undue concentration of population and overcrowding of land in light
of the lack of a separate entrance for the subdivision and it does not ensure that the development
of the land is commensurate with the physical characteristics of the land in light of the nearby
Lexington Hills lots which are significantly larger than those proposed in the development.
Accordingly, this development does not conform to the City of Eagle Comprehensive Plan as set
forth in the Purpose and Scope of the City of Eagle Comprehensive Plan.
8.
The Eagle City Council finds the development as proposed is not in accordance
with the pertinent provisions of Title 8, Eagle City Code, based upon the reasons set forth herein
and as further explained below:
a.
The requested rezone and proposed subdivision are not in accordance with
the Eagle City Comprehensive Plan and the established goals and objectives of the Comprehensive
Plan.
9.
The Eagle City Council finds the proposed subdivision is not in accordance with
the provisions of Title 9, Eagle City Code, based upon the reasons set forth herein and as further
explained below:
a.
The subdivision as proposed does not provide for the harmonious
development of the City and its area of impact in particular because it proposes land use density
significantly different than the adjacent property and because all traffic in the proposed subdivision
will be routed through Lexington Hills Subdivision and in particular primarily along East
Brunswick Drive;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
b.
The subdivision does not coordinate streets and roads within the subdivision
with other planned streets and roads in that it directs the bulk of all traffic along East Brunswick
Drive and does not provide for access to the subdivision directly to Floating Feather Road; and
c.
The subdivision would result in a lack of sewer service in that the Eagle
Sewer District does not have sewer service available to supply such service.
10.
The City Council also expressed its concern at the public hearing regarding the
conflict of interest between the City Engineer and the Applicant's agent, both of whom work for
the same engineering fIrm. Subsequent to the hearing the City Engineer resigned and as a result
of the Council's denial of this project that issue is moot.
11.
The rezone and subdivision applications are not in the best interests of the City of
Eagle as set forth above.
12.
Pursuant to Sections 8- 7-5(t), 9-2-3(b) and 9-2-4 of the Eagle City Code, the Eagle
City Council makes the following findings as to actions the Applicant could take to obtain
approval of the preliminary plat:
a.
Obtain adequate sewer service.
b.
Reduce the lot density so as to be compatible with adjoining subdivisions.
c.
Provide for direct vehicle access to the subdivision, such as from Floating Feather
Road.
These recommendations are not to be understood as conditions for approval, and should
not be considered binding on this Council or future Eagle City Councils. Should the Applicant
submit a new subdivision preliminary plat, the City will review it based upon the conditions, laws
and ordinances existing at that time and make a determination accordingly.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
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Decision
The City Council of the City of Eagle hereby denies the rezone and subdivision
preliminary plat applications for the Oxford Court Subdivision.
DATED this 23rd day of May, 1996.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
CONDmONS OF APPROV AL
1. The developer or owner shall comply with all requirements of the Idaho
Transportation Department respecting approaches to Eagle Road.
2. The developer or owner shall comply with all requirements of § 9-3-2-5, Eagle City
Code, prior to execution of the final plat by the City.
3. 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.
4. Approval of sewer and water facilities by the Idaho Department of Health and
Welfare and Central District Health are required prior to execution of the final plat by the City.
The signature by the Ada County Central District Health Department is required prior to signing
of the final plat by the city engineer.
5. The developer shall extend 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.
6. The developer shall place a note on the face of the plat which states: "Minimum
building setback lines shall be in ace<;>rdance with the following:
River
Parking lot - from high waterline
Building - from high waterline
35'
50'
Eagle Road and Bypass
Parking lot
Building
25'
40'
Private Interior Street
Building - from street right-of-way
Parking lot - from street right-of-way
Parking lot - from pedestrian way
15'
5'
5'
Interior Lot Line
Building
Parking lot
15'
5'
All lot, parcel, and tract sizes shall meet dimensional standards established in the
City of Eagle zoning ordinance or as specifically approved.
CONDITIONS OF APPROV AL, Page 1
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7. 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 Department, Certificate
of the City Engineer and City Clerk and signatures of the Commissioners of the Ada County
Highway District and the Ada County Treasurer.
8. A letter from the Eagle 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
approval all fire hydrant locations. Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
9. Compliance with Idaho Code, Section 31-3805, concerning irrigation rights,
transfer and disclosure is required. ,
10. 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. 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.
11. Covenants, property owners association bylaws or other similar deed restrictions,
acceptable to the Eagle City Attorney which provide for the use, control, and mutual
maintenance of all private streets, 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 plat is required providing for mutual maintenance and access easements.
Appropriate papers describing decision making procedures relating to the maintenance of
structures, grounds, parking areas and private streets shall be reviewed and approved by the
Eagle City Attorney prior to signing of the final plat by the City Engineer.
12. Street light and parking lot lighting 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.
CONDITIONS OF APPROV AL, Page 2
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13. The developer and/or owners 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.
14. 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.
15. The developer and/or owner shall comply with the provisions of the Eagle City
Code which specify limitations on time of filing. A request for time extension, including the
appropriate fee, shall be submitted to the City Clerk for processing.
16. The developer shall comply with the provisions of the Eagle City Code, pertaining
to flood plain (and river protection) regulations prior to submitting the final plat for signature
by the City Engineer. Basements are prohibited in buildings located in the flood plain.
17. Should the property owners association be responsible for the operation and
maintenance of the storm drainage facilities, the covenants and restrictions, property owners
association bylaws 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.
18. The developer is to place a note on the face of the plat which states: "This
subdivision is subject to the requirements of the Unifonn Building Code (UBC) as regulated by
the City of Eagle. "
19. 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.
20. No ditch, pipe, or structure for irrigation water or irrigation waste water shall be
constructed, routed, covered, or changed in any way unless such obstruction, rerouting, covering
or changing has first been approved in writing by the entity. A copy of such written approval
by the ditch company officer shall be med with the construction drawing and submitted to the
City Clerk prior to signing of the final plat by the City Engineer. A registered engineer should
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.
21. The recreation/greenbelt area along the Boise River and/or parking therefore shall
be approved by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat
by the Eagle City Council. Conservation, recreation, and river access easements shall be
approved by the Pathway/Greenbelt Committee and shall be shown on the final plat.
CONDITIONS OF APPROV AL, Page 3
22. Approval from the Department of Water Resources for any use of water other than
that delivered by a public utility shall be obtained prior to signing of the final plat by the City
Engineer.
23. 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.
24. The City of Eagle Design Review/Landscaping Committee shall review and approve
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.
25. 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.
26. Public access to the greenbelt area as delineated on the plat shall be preserved in
perpetuity.
27. All1andscaping improvements for the subdivision and on each individual lot shall
be approved by the Landscaping Committee.
28. Each individual lot, depending upon the use to which it is put shall be subject to
further approval processes under the conditional use, design review, and landscaping
requirements of the City's ordinances.
CONDITIONS OF APPROV AL, Page 4