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Findings - PZ - 1994 - RZ/PP - Rz From A To Ar/28.12 Acres/4 Lots CITY OF EAGLE IN THE MATTER OF ) SCOTTS' GLEN SUBDIVISION) AN APPLICATION FOR) A REZONE AND A ) SUBDIVISION ) PRELIMINARY PLAT) BY BERRY PETERS) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On April 18,1994, Pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Berry Peters, the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for a rezone from A (Agricultural) to AR (Agricultural-Residential) and a subdivision preliminary plat. This property consists of 28.12 acres, 4 lots, 4 to 5 acres set aside for a pond to be located in the center of the Subdivision. An average of 7.2 acres per lot. The Sewer/Septic System proposed is a evapotranspiration system which has been accepted, with monitoring, by Central District Health. 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: On April 18, 1994, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners. There was opposing testimony and concern was expressed regarding a subdivision using Mace Road, a sub-standard road and private road. There was also concern regarding the establishment of a subdivision in a floodplain- floodway location. Added concern was for the wildlife in the area. 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: R~SPONSES RECEIVED FROM ENTITIES: DRAINAGE DIST #2: reasons: Objects to this proposal for the following 1. no vicinity map was presented to the District showing the area 2. surrounding the proposed subdivision and drainage ditch no maps were submitted showing the 100' exclusive drainage easement--- no drainage plans showing manner of drainage the owner must execute an Agreement with the District granting them the right and license to encroach and drain in the District's exclusive drainage easement the applicant or owners of the proposed subdivision must pay all the costs and attorney's fees. 3. 4. 5. MERIDIAN SCHOOL DISTRICT: The Dist. can predict when completed, this subdivision will house 2 elementary aged children, 1 middle school aged child and 1 senior high aged student. At the present time Eagle Elementary is 113% at capacity, Meridian Middle School is at 126% capacity and Centennial HS is at 113% of capacity. The District is not opposed to growth, but this development will 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. DEPARTMENT OF WATER RESOURCES: This office administers the Stream Protection Act. This Act requires that before any activity can take place below the ordinary high water mark of a perennial stream, a Stream Channel Alteration permit must be obtained from this Dept. The applicant should be aware the applications are required to be submitted 60 days before the work is scheduled. The Dept. is available to review preliminary plans. ACHD: SEE ATTACHED LETTER DATED 2/18/94 CENTRAL DISTRICT HEALTH: individual sewage disposal, 1. we will require more data concerning the depth of the high seasonal ground water. 2. a complete engineering report will be required including Floodway, Floodplain, designations, fill areas defined and other pertinent information 3. stormwater management shall be reviewed by IDWR. documentation shall be provided that demonstrates ground water quality degradation will not occur. 4. attachments from CDH on findings and conditions. Note special attention to #15. Before we can comment concerning EAGLE FIRE DEPT: 1. Install address numbers on every building, house or apartment, 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 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-I11-A-l. A reduction in required fire flow of 50%, as approved by the chief, is allowed when the building i~ provided with an approved automatic sprinkler system. Recommendations on subdivisions with lesser density (2 acres or more per house) may be a. ponds and frost free draft hydrants, n. underground storage tanks fed by larger home domestic wells c. fire truck connectors on irrigation systems. The fire-flow for buildings other than one and two family dwellings shall be not less than that specified in Table No. A-I11-A-l, 1991 UFC. 4. The average spacing between hydrants shall not exceed that listed on table A-II1-B-l-, 1991 UFC EAGLE SEWER DIST: This subdivision is within the Districts Planning Area, but not annexed. There are no sewer lines in the area to serve. At the District's January 10, 1994 meeting, our office gave concept approval to a proposed sewer line to pass through, or be near this property. The owners of the project negotiated with CDH to allow them an experimental "Evapotranspiration Septic system". Enclosed is the correspondence regarding this system. DRAINAGE DIST. #2: objections. There is no impact on the Drainage District, no The development is surrounded by Agricultural land and located on Eagle Island. The Staff Report recommendations were as follows: The developer must prove there is no effect of the encroachment or building. There must be some type of modeling to designate the floodway, i.e. FEMA map (Corp of Eng HEC 2 computer model). It would be the recommendation of FEMA not to allow building in the Floodway. The only way to build in the floodway is to re-channel, it is not possible to have no effect on floodway when structures are built in it. (Fred Eisenbarth, Department of Water Resources) information obtained by phone 4/20/94 Corp of Eng, Lucky Peak Project Office: All engineering studies and applications must be submitted and approved by the City Engineer. 'rhe Eagle Planning and Zoning Commission met on April 18, 1994 PI! rsuant to the notice and procedures requirement and recommended approval of the development with the following conditions: 1. 2. 3. requiring a specific access easement for lot #3 ACHD requirements including post of bond Standard Subdivision Conditions 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 zoning and preliminary plat: ZONING DISTRICTS 8-2-1: Districts established A-R Agricultural-Residential Districts: To provide for the transition of agricultural land no longer used for extensive agricultural purposes into residential areas, while preserving agricultural uses compatible with residential development. Gross density will not exceed one single family dwelling unit per five (5) acres. 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 City of Eagle 2010 Transportation Plan: of permit A. Expansion of the roadway system by adding new or additional streets or by modifying existing streets and roads. They include: --Extension of Cloverdale Road north of Chinden Boulevard to cross both channels of the Boise River and connect with State Street (Highway 44) at or near the new Highway 55 alignment or Edgewood Lane; --Widening of Floating Feather Road to four or five lanes from Eagle Road east to the new Highway 55 alignment; --Adding a new road westerly from Eagle Road beginning at a point opposite the proposed Willow Wood Drive entrance to the Island Woods subdivision to serve existing and new development west of Eagle Road and allow vacation of the existing substandard Mace Road; EAGLE COMPREHENSIVE PLAN SPECIAL AREAS & SITES: Boise River Floodplain: designated as a Special Area due to its ecological and scenic significance.- - - - Eagle Island State Park: designated as a Special Area due to ecological and scenic significance. This Park is a state park and is therefore under the jurisdiction of state authorities. policies & Goals: 1. To promote the conservation and efficient management of all Special Areas & Sites - - - - 2. To protect and maintain soil, water, air, and other natural rPRources - - - - 3. not applicable 4. To preserve existing trees and natural growth wherever rracticable - - - - 5. To encourage the provision of habitat areas - - - - 6. To protect historical and geological sites or monuments - -- 7. not applicable 8. To require developers to prepare and submit an environmental assessment and any such additional reports as the City may require - - - - Transportation: to identify two new collector roadways. The first is planned west of Eagle Rd, south of Mace Rd, and opposite the collector road in Island Woods Subdivision (E. Island Wood Dr.) This roadway will loop back into Eagle Road. The second new collector roadway is planned east of Eagle Rd. and will consist of the current E. Island Wood Dr. within Island Woods Subdivision and is planned to tie in with Chinden Blvd. to the south. LAND USE: Areas identified on the Land Use Plan to have special significance to the City and which warrant analysis and consideration related to conservation and preservation. Such special areas may be designated because of their recognized historic, environmental, scenic, or architectural significance. Residential uses- l. 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. l,ow Density Residential: Suitable primarily for single family residential development within areas that are rural in character, possess significant physical characteristics, are environmentally sensitive and are within the Urban Services Area. Land use designation map: rlwelling units per acre. Low Density Residential, 2 or fewer COMMUNITY DESIGN: (#4) Floodways shall be reserved as a natural state such as a greenbelt, wildlife habitat, open space rpcreational area and for agricultural uses COMMUNITY DESIGN: (#7) New residential, commercial, and industrial d~v~lopment shall be required to meet minimum design standards as specified by City ordinances. Housing: 1. A wide diversity of housing types and choice between ownership and rental dwelling units shall be encouraged for all income groups in a variety of locations suitable for residential development. The location of all housing shall be coordinated with provisions for adequate public facilities and services. Developments of housing for all income groups close to employment and shopping centers shall be encouraged. Housing shall be encouraged which is in accordance with local building codes and provides for energy saving design. An open housing market shall be encouraged for all persons regardless of income, race, age, sex, religion or ethnic background. The use of materials and techniques that will maintain a high level of quality while lowering cost and speeding construction shall be encouraged. 2. 3. 4. 5. 6. 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 the plat: review to of the preliminary 9-1-3: Title 9-Land Subdivisions: 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 wi thin 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 imposition of an excessive unnecessary 9-2-3: 9-2-4: 9-3-1: 9-3-7: 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. Preliminary Plat Procedures Final Plat Procedures 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 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. 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: 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 wi local standards. 9-4-1-5: STREET LIGHTS: All street area of impact shall be required to expense, street lights in accordance standards at location designated representative----. subdividers w/i the City and install, at the subdividers' with City specifications and by the Administrator, or 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 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 9-5-3-2: All development proposals shall take into account and shall be judged by the way in which land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civil design, - - - - 9-5-4-4: Control during development, time limit 9-5-8: Designation of Areas of Critical Concern: Hazardous or unique areas may be designated as an area of critical concern by the City Councilor by the State of Idaho. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. - - - - B. It is the purpose of this Title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed; 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; To minimize prolonged business interruptions; To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; and To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; and To ensure that potential buyers are notified that property is in an area of special flood hazard; and To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 115, 5-12-87) 10-1-2: METHODS OF ACCOMPLISHING PURPOSE: In order to accomplish its purposes, this Chapter includes methods and provisions for: TITLE 10: 10-1-1: A. B. C. D. E. 10-1-6: 10-1-7: FLOOD PLAIN FINDINGS OF FACT AND PURPOSE: 3. 4. 5. 6. 7. 8. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; Requiring that uses vulnerable to flood, including facilities which serve such uses, be protected against flood damage at the time of initial construction; Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel flood waters; Controlling filling, grading, dredging and other development which may increase flood damage; and Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. FLOOD INSURANCE STUDY: DEVELOPMENT PERMIT REQUIREMENTS: A. B. C. D. E. F. 10-1-8-3: A. B. C. 10-1-8-4: A. B. C. D. Permits Required: Application for Permit: Review: Notice To Applicant: Appeals: Expiration and Revocation of Development Permit: WATER AND SEWER SYSTEMS: All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; and discharge from the systems into flood waters. On-site waste disposal systems shall be located to avoid impairment of them or contamination from them during flooding; and All sewer and water systems shall be approved by District Health Department of the Idaho Department of Health and Welfare. SUBDIVISIONS: All subdivision proposals shall be consistent with the need to minimize flood damage; All subdivision proposals shall have public utilities and facilities such as sewer, gas electrical and water systems located and constructed to minimize flood damage; All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less. 10-1-8-5: SPECIFIC STANDARDS: In all cases of special flood hazards where base flood elevation data has been provided as set forth in Section 10-1-6 of this Chapter, the provisions of this Section shall be required: A. Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot (1') above the elevation of the one hundred (100) year flood level. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: c. D. 1. A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 2. 3. B. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or shall be provided to the official as set forth in subsection 10-1-9B3b of this Chapter. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection 10-1-8-5A. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot (1') below that level). 2. 3. 4. 5. Manufactured Homes: Floodways: Located within areas of special flood hazard established in Section 10-1-6 of this Chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectile and erosion potential, the following provisions apply: 1. Encroachments, including fill, new construction, substantial improvements and other development, unless certification by a registered professional engineer or architect is provided demonstrating that 3. encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, is prohibited. If paragraph 1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section 10-1-8. The placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision, is prohibited. (Ord. 12-14-82) 2. CONCLUSION The Commission concludes that the application for zoning from (A) Agricultural to AR (Agricultural-Residential), and preliminary ~ubdivision plat as presented is consistent with the intent and purpose of the Eagle Comprehensive Plan and Eagle City Codes, including conformance with the Comprehensive Plan pursuant to Eagle City code Section 9-2-3.D.a. The purpose and scope of the Eagle Comprehensive Plan specifies that new development shall occur in such a manner as 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, and to avoid undue concentration of population and overcrowding of land, and to ensure that the development of land is commensurate with the physical characteristics of the land. The purpose of the Comprehensive Plan is to promote the health, safety and general welfare of the people of the community. This development provides for harmonious development. There is also adequate evidence showing that this subdivision development, at the proposed location, satisfies the general standards for approval of a subdivision set forth in Eagle City Code Section 9-1-3, the general subdivision provisions, including the requirement for avoiding undue concentration of population and overcrowding of land, and to ensure that the development of land is commensurate with the physical characteristics of the land. The application does not violate the interests and purposes of the Eagle City Code and Eagle Comprehensive Plan. The Commission finds that the amenities defined by the Comprehensive Plan and Eagle City Codes, are adequate in this development and will not create overpopulation of the land. 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 zoning and a subdivision preliminary conditions: plat approved the following subject be to 1. 2. 3. The standard subdivision conditions of approval requiring a specific access easement for lot #3 ACHD requirements including posting of a bond Th is 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: 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". 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. I) . 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 check off and approve all fire hydrant locations, Minimum flow per hydrant shall be 1000 gallons per minute for one and two family dwelling. Dwellings having a fire 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 protection system prior to issuance of a building permit. 7. Compliance with Idaho Code, section 31-3805, irrigation rights, transfer and disclosure. concerning A. The 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 10. 11. 17. . 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. 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. 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 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. Developers and lor 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. 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. l' . 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 18. 19. 20. 21. 22. processing. 14. The developer shall comply with the provisions of the Eagle City Code, pertaining to floodplain (and river protection) regulations prior to submitting the final plat for signature by the City Engineer.*** J S . 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. 16. 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." 17. 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 (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.*** 16 23. 24. 25. 26. 27. 28. 29. 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 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.****** homes in the flood plain will be 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 ADOPTED by the Eagle Planning and Zonin Eagle, Idaho this 2 day of Ma' commission of the City of , 1994. , CITY CLERK 17 " , , 'u,