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Findings - PZ - 1991 - Subdivision - Approval Of Subdivision In R5 Zone CITY OF EAGLE IN THE MATTER OF MARVIN SUBDIVISION AN APPLICATION FOR A SUBDIVISION ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On October 7, 1991, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 9, Eagle City Code, Frank C. and Alma Marvin owners of the Marvin property and the applicant, came before the Eagle Planning and Zoning for the City of Eagle, Idaho, requesting approval of an application for a subdivision preliminary plat, in a Residential (5), 5 units per acre district. Based on the application, testimony from the applicant and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW The records in this matter indicate all notices, and publications have occurred as required by law. The records further reflect notice of the public hearing was sent to relevant public entities, including Central District Health, Eagle Sewer District, Idaho State Transportation Dept., Meridian School District, Eagle Water Co., Eagle Fire Dept., Idaho Power, and Ada County Development Services. The City was advised by said entities that subject to certain conditions there was no objection to the establishment of the proposed development. 2. On October 7, 1991, a public hearing was conducted by the Eagle Planning and Zoning Commission. There was no adverse testimony received by the Commission. 3. This development is located on North Edgewood Road, of 5 lots on 2.73 acres, within the City limits of the City of Eagle. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan. With respect to the review of the preliminary plat: Title 9-Land Subdivisions: 9-2-3: Preliminary plat procedures 9-2-4: Final plat procedures 9-3-7: Planting strips and reserve strips standards a. planting strips shall be required to be placed next to the incompatible features such as highways, railroads, commercial or industrial uses to screen-- shall be a minimum of 20 ft wide and not part of the normal street right of way or utility easement. 9-4-1: Required improvements, (the following are portion of the code) a. Street lights (may be required) b. Sidewalks and pedestrian walkways c. Water supply and sewer systems d. Storm drains e. Fire hydrants f. Greenbelt areas (may be required) only a 9-4-2-2: Guarantee of improvements a. Performance bond b. Cash deposit 9-5-4-4: Control during development, time limit BASED ON THE FORGOING FINDINGS OF FACTS AND CONCLUSIONS OF LAW the Eagle Planning and Zoning Commission recommend to the Eagle City Council the application be approved subject to the following conditions: CONDITIONS FOR SUBDIVISION APPROVAL 1. Developer and/or owner shall comply with all requirements of Ada county Highway District including approval of the drainage plan, requirements for installing curb, gutter, sidewalks and paving throughout the subdivision or as specified by the Ada County Highway District. 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 by the Regional Health and Welfare Environmental Services Office is required and signature by the Ada County Central District Health Department is required prior to signing of the final plat by the City Engineer (I.C Title 50, chapter 13.) 4. Minimum building setback lines shall be in accordance with the City of Eagle zoning ordinance at the time of issuance of the building permit or as specifically approved. 5. All lot, parcel and tract sizes shall meet dimensional standards established in the City of Eagle zoning ordinance or as specifically approved. Prior to submitting the final plat for recording, the following endorsements or certifications must be executed: Signatures of owners or dedicators, Certificate of the Surveyor, Certificate of the County Engineer, Certificate of Central District Health Dept., Certificate of the City Engineer and City Clerk and signatures of the Commissioners of the Ada County Highway District and the Ada County Treasurer. 6. A letter from the fire department is required stating "the developer and/or owner has made arrangements to comply with all requirements of the Fire Department", prior to signing of the final plat by the City Engineer. Eagle Fire Department shall approve all fire hydrant locations. Minimum flow per hydrant shall be 1000 gallons per minute. 7 . Comply with Idaho Code, section 31-3805, concerning irrigation rights, transfer and disclosure. 8. Developer and lor owner shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to signing of the final plat by the Eagle City Engineer. A copy of the construction drawing(s) shall be submitted with the letter. A. For drainage facilities not belonging to ACHD, the developer may either construct prior to final platting or post bond/agreement in the amount of 110% of the estimated construction costs. 9. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to signing of the final plat by the Eagle City Engineer. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. 10. 12. 13. 14. 15. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to signing of the final plat by the City Engineer. Developer shall comply with all requirements and restrictions of the Eagle City Code sections regulating Special Development Subdivisions including, but not limited to, Hillside Subdivisions, Planned Unit Developments, Cemetery Subdivisions, Floodplain Development and Areas of Critical Concern. (if applicable) 11. All Subdivider within the City limits shall be required to install, at subdivider's expense, street lights in accordance with Idaho Public Works Association specifications and standards at locations designated by the Eagle City Engineer. After installation and acceptance by the City Engineer, all street lights in public right-of- way shall become City property. The subdivider has the option of completing street light installation prior to signing of the final plat by the Eagle City Engineer or bonding for 110% of the estimated cost. NOTE: All bonding shall conform to the Eagle City Code, Title 9, Chapter 4, Section 9-4-2.2 Developer and/or owner shall pay street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. The Developer and/or owner shall provide utility easements as required by the public utility providing service prior to signing of the final plat by the City Engineer. A. The developer and/or owner shall comply with the provisions of the Eagle City Code which specify limitation on time of filing. A request for time extension, including the appropriate fee, shall be submitted to the City Clerk for processing. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by- laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to signing of the final plat by the Eagle City Engineer. The developer is to place a note on the face of the plat which states: "This subdivision is subject to the requirements of the Uniform building Code (UBC) as regulated the City of Eagle." 16. 17. 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. Developer and/or owner shall provide the City Clerk with a blueprint of the final plat, which has been reviewed, approved and initialed by the Ada County Engineer for subdivision name, and lot and block numbers in conformance with I.C. 50-1307, prior to scheduling of the final plat for hearing. Complete construction drawings shall be submitted to and approved by the Eagle City Engineer prior to the approval of the final plat of phase 1 by the Eagle City Council. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this -1l day of October, 1991. 18. APPROVED: ,."', ..,. HAIRMAN TOM E PLANNING AND COMMISSION ", " , '