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Findings - PZ - 1996 - Rezone and PP - Rezone From A To R4/Pp For Oxford Court Subd. ,f OR\G\NAL CITY OF EAGLE IN THE MATTER OF ) AN APPLICATION FOR ) OXFORD COURT SUBDIVISION) FOR REZONING AND ) AND A SUBDIVISION ) PRELIMINARY PLAT BY ) MAX BOESIGER, INC. ) FINDINGS OF FACTS & CONCLUSIONS OF LAW On Apri11 and Apri115, 1996, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Richard Boesiger, the applicant, and Gary Funkhauser, traffic engineer for the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for rezone ftom A (Agricultural) to R4 (Residential) and a subdivision preliminary plat. This subdivision is generally located near the corner of Floating Feather Road and Edgewood Road, Eagle, Idaho, North of Floating Feather Road, north of Farmers Union Canal, on the west boundary of Lexington Hills Subdivision Phase 1 & 4. The proposal is for a rezone of22.89 acres ITom A (Agricultural) to R4 (Residential) and a preliminary subdivision plat on the same 22,89 acres, with 52 single family lots for a gross density of2.27 lots per acre. 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 February 26, 1996, The City of Eagle Planning and Zoning Commission found that proper public notice had not been given and the public hearing would need to be readvertised and re- noticed, however, since there was a large public showing, the Commission would receive oral testimony ITom those present on February 26, 1996 and carry that testimony over to the date of the properly advertised and noticed public hearing, 2. On April 1 and April 15, 1996, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners and others interested in this application and testimony was carried over from an earlier meeting and entered into the legal record: Previous testimony: Opposed Bob Bruce Phil Dreck Gary Geer Kim Gourley Judy Hennissey 1 ---'-~"----~-- John Holt Pamela Holton Glenn Ingram Julie Jacobsen Victor Kunz Michael Larson Georgia Mackley Beverly Shirts Kent Takeshita Douglas Thomas Jan White Written Testimony: 2/22/96, In opposition, Richard & Julie Jacobson 2/26/96, In opposition, Douglas Thomas and Pamela Holton 2/26/96, In opposition, Thomas G. & Janis M. White 2/26/96, In opposition, John and Linda Holt 2/26/96, In opposition, a petition signed by 171 people 3/27/96, In opposition, Lexington Hills, Inc., concerns about traffic through Lexington 3/27/96, In opposition, Paul Clark 3/27/96, In opposition, Les Neva and Janice Atkins-Neva 3/27/96, In opposition, Robert Gary Storm and Tamilyn A. W, Storm 4/1/96, In opposition, Dennis Hardzeij 4/12/96, In opposition, Richard and Jean Enochson Testimony - in favor Richard Boesiger Forrest Prohaska Max Boesiger Gary Funkhauser AI Courtial Opposed: Tom White David Hennisey Georgia Mackley Melina Matzdorff Randy Richardson Robert Butler Linda Watson Brian Whipple Richard Jacobsen Gary Geer 2 Randy Mendiola Debra Ingram Carla Lippincott Richard Tholen John Taylor Dennis Whitmore Brad Whiteman Norm Quigley Kent Takahiha Gerald Wanamaker Dennis Freeburn The concerns of the public were: Subdivision compatibility, traffic, safety of children, desire for separate entrance, using cedar fence as a barrier-not acceptable, common areas not acceptable, RV parking on lots, CC&R's different than Lexington, 3. Richard Boesiger, applicant spoke regarding the traffic flow of the subdivision and availability of sewer service to the subdivision, 4. The City Attorney spoke to the Commissioners regarding the "Processing of Subdivision Applications Pending Availability of Sewer Connection £Tom the Eagle Sewer District" as addressed in a memorandum. 5. 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 ENTITlES Central District Health: 3/11/96 . After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water, The following plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water. . Street runoff is not to create a mosquito breeding problem. . Storm water management criteria are recommended, Meridian School District: 3/11/96, "We have reviewed Oxford Court Subdivision and the impact it will have on Eagle Hills Elementary School, Eagle Middle School, and Eagle High School. Attendance at these three schools will be effected 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" --Jim Carberry . 3 Idaho Power: 3/11/96 "We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use," Fanners Union Ditch Co.. Ltd. 3/8/96, "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 company will not accept any storm water run off ITom the street system or paved areas, Must put in some kind of catch basin or retention pond that is capable of handling the one hundred year storm, without any run off into the canal system. 2, A six foot 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 company,"--Gene Bailey, president Farmers' Union Ditch Co., Ltd, A letter received3/11196from MoxA Boesiger, Inc. To Farmers' Union: "I am in receipt of your letter 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. Weare seeking preliminary plat approval only at this time, and normally, only if the preliminary plat is approved 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 as to our general plans. The pond shown on the preliminary plat application is the storm drain retention pond. We also plan to install a headgate 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 the lots and common area, We assumed, ITom 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," Eaele Sewer District: 2/26/96, "The Oxford Court property is within Eagle Sewer District's 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 the property on February 12, but tabled the 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," Eaele Sewer District: 3/20/96, "The property is within Eagle Sewer District's Planning Area, At the District's March 11 meeting, 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 the 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 the standard "first come, 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 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," 4 ACHD: 2/9/96, In a DRAFT ofa staff report written by ACHD staffin preparation for a 2/14/96 ACHD Commission meeting, in addition to the 22 standard conditions, there were recommended the following 5 specific site requirements: 1.Construct the interior streets with a 37-foot street section with curb, gutter and 4-foot wide concrete sidewalk on both sides within a 50-foot wight-of-way, 2, Redesign the intersection ofN, Bastogne Way, E, Dalesford Court and the future stub street to the parcel to the north to provide a westerly connection ofE. Dalesford Court (to the parcel to the northwest) and a connection to E. Dalesford Court with a "tee"intersection no more than 15 degrees fÌ"om a 90-degree intersection of the two streets, -- Note that the current draft a/the plat reflects this condition. MB 3, Provide a stub local street to the southwest (y/. 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 22-foot span) prior to issuance of any required permits of District approval of the final plat whichever comes first. 5. Direct lot or parcel access shall not be permitted to W, Bexley Street. Lot restrictions shall be stated on the final plat. Eagle Fire Protection District: 2120/96: 1. Street signs shall be up prior to building homes. 2, Fire apparatus access roads shall comply with Part ill, Article 9, 1994 UFC. 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 ft 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-ll1-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, The fire-flow for buildings other than one and two family dwellings shall be not less than that specified in Table No, A-II1-A-l, 1991 UFC. 4, The average spacing between hydrants shall not exceed that listed on table A-III-B-l-, 1991 UFC Idaho Power: 2/16/96, "We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use," Central District Health: 2/14/96: . After written approval fÌ"om appropriate entities are submitted, we can approve this proposal for central sewage and central water. The following plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water, . Street runoff is not top create a mosquito breeding problem. . Storm water management criteria are recommended. The standards used in evaluating the application are in the following sections of the Eagle City . 5 Code and Comprehensive Plan: Eagle City Code and Comp Plan as it relates to this application: The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: ZONING DISTRICTS 8-2-1: Districts established A Agricultural District: To maximize opportunities for agricultural activities by preserving land for the purposes of cultivating the soil and raising livestock. Minimum lot size is 20 contiguous acres, all of which must be under single ownership to ensure protection of irrigation and surface water drainage systems, R Residential District: 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 numeral designates the maximum number of dwelling units per acre. Centralized water and sewer facilities are required in all districts exceeding one dwelling unit per acre (R-l). 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 of permit 5, Occupancy TITLE 9-SUBDIVISIONS 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: 6 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 Slij)J)ly. sewer service. drain~ie, transportation or other public services; or 2, The unnecessaty imposition of an excessive expenditure of public funds for the supply of such services; or F, The requirements as to the extent 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 these regulations by defining the powers and duties of approving authorities, 9-2-3: Preliminary Plat Procedures 9-2-4: Final Plat Procedures 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 adjoining 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 7 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. A11eys:--- 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--shall be a minimum of20 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 wllocal standards, 9-4-1-5: STREET LIGHTS: All street subdividers wlI 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 representative----, 9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be required on both sides of the street; except, that where the average width of lots as measured at the street ftontage 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 8 9-4-1-12: Greenbelt Areas, landscaping screening 9-4-2-2: Guarantee of improvements a.Perfonnancebond b, Cash deposit 9-5-4-4: Control during development, time limit EAGLE COMPREHENSIVE PLAN 67-6502: PURPOSE-- The purpose of this act shall be to promote the health, safety, and general welfare of the people of the State ofIdaho, p .. To protect property rights and enhance property values. .. To ensure that adequate public facilities and services are provided to the people at reasonable cost. .. To ensure that the economy of the City and its Impact Area is protected and enhanced, .. To ensure that the important environmental features of the City and its Impact Area are protected and enhanced, .. To encourage the protection of prime agricultural, forestry, and mining lands for production offood, fibre, and minerals. .. To encourage urban and urban-type development within the incorporated City limits of Eagle that is in harmony with the rural character of the area. .. To avoid undue concentration of population and overcrowding ofland. .. To ensure that the development ofland is commensurate with the physical characteristics of the land. .. To protect life and property in areas subject to natural hazards and disasters. .. To protect fish, wildlife, and recreation resources. 9 .. To avoid undue water and air pollution. .. To allow local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis. .. To Develop and enhance the Boise River Greenbelt, river trails and pathways within the City and its Impact Area, The Eagle Comprehensive Plan and "Land Use Designation Map" are important legal documents to be used by the general public and by City officials to determine the feasibility of future development, and to provide for uniform land use decisions. It is intended that this plan will allow for the orderly growth of the City and its Impact Area, leading eventually to a self-sufficient City that provides jobs, housing, commercial and retail services for all residents of the City and the Impact Area, Eagle City ordinances pertaining to zoning shall conform with this plan. TRA R T A TI 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, For development that falls outside the Impact Area and the authority of the City, the Eagle Planning and Zoning Commission shall coordinate with the appropriate comprehensive planning agencies to insure an efficient transition of transportation facilities to and ITom the City, The City existing network of roadways represents only a portion of the system needed to serve future growth and development. 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 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, Community design is the organized fashion in which a community is developed in order that a general mood or theme is established and maintained. Elements of the Eagle community design include: (a) a rural transitional community with a shopping district functioning as the hub of the community; (b) the Boise River and its floodplain establishing a natural open space area complete with wildlife, trees, and recreation opportunities; (Q the rolling hills north of the river as an attractive terrace; and, (d) a network of canals which crisscross the community, Presently the dominant features within the Eagle Area, i.e" floodplain, canal system, etc. are undeveloped and provide development potential. As Eagle grows, it will be a challenge for the community to maintain its rural identity using these elements as the basis for community design. 10 Another aspect of community design deals with the more specific topic of design review which encompasses building design, commercial signing, landscaping and other aesthetic considerations for a new development to maintain a rural identity. CITY OF EAGLE STANDARD CONDITIONS FOR SUBDMSION APPROVAL amended: 11-95 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 11 Engineer and City Clerk and signatures of the Commissioners of the Ada County Highway District and the Ada County Treasurer, 6. A letter ITom 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 1 000 gallons per minute for one and two family dwelling, Dwellings having a fire area in excess of3,600 sq ft shall be required to have 1,500 gallons per minute. 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, concerning irrigation rights, transfer and disclosure. A. The water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred ITom 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 ITom 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. 12 15, 16, 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. 10, 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 ITom 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, 11. Developers and/or 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, 12, 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. 13. 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, 14, 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 the City of Eagle, " Wet line sewers are required and the developer shall furnish the City Engineer with a letter ITom the sewer entity serving the property, accepting the project for service, prior to signing 13 20, 21. 22, of the final plat by the City Engineer (B.C,C, 9-20-8.4) 17, No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity, 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. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to signing of the final plat by the City Engineer, 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the Eagle City Council. 19. Conservation, recreation and river access easements shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat. 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 by the Eagle City Engineer. The City ofE&&le Design ReviewlLandscaping 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. CONCLUSION The Commission concludes that the application for rezoning and preliminary plat for Oxford Court Subdivision is consistent with the intent and purpose of the Idaho State Code, the Eagle 14 Comprehensive Plan and Eagle City Codes. The zoning designation is in accordance with 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 citizens of Eagle and is in accordance with the comprehensive plan, 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 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 rezoning (R4) and a subdivision preliminary plat for Oxford Court Subdivision with the standard conditions and the following specific conditions: 1. The CC&R's used for Lexington Hills Subdivision be adopted for use in the Oxford Court Subdivision. All Pathways are to be paved. All Fencing will be the same as Lexington, with no full length fence in between Lexington and this development. A reduction of two lots, one on either side of Brunswick where Oxford abuts Lexington Hills, Lot 2 to lot 9 would be reduced by one lot and equal amounts on other lots. One lot would be taken out on block 1, lot 2 to 6 in equal amounts, The land would be divided equally between those other lots. This would help make the Oxford lots compatible size to those adjoining lots in Lexington Hills. The Developer needs to provide, in writing, adequate evidence that there is reasonable sewer capacity for this subdivision, Require an indemnification clause on the sewer issue signed by the developer, Standard City Conditions. 2. 3, 4. 5. 6, 7. 15 .-.... ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this 6th day of May, 1996. APPROVED: Barbara Montgomery City of Eagle ~~Z!! Planning and Zoning Commission 16