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
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