Findings - PZ - 1994 - Wintery River PP/floodplain application - 52.81 Acres/1.65 Dwelling Units Per Acre/R5 Zone
.'
CITY OF EAGLE
IN THE ~TTER OF )
WINTERY RIVER SUBDIVISION)
AN APPLICATION FOR A )
SUBDIVISION PRELIMINARY)
PLAT BY BIG SKY CONST )
dba DOUG JAYO )
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On August 1, 1994, Pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Steve Bradbury,
Legal Council for the applicant and Dave Roylance, Engineer,
Roylance and Assoc. and Doug Jayo, the applicant, came before the
Eagle Planning and Zoning Commission, for the City of Eagle, Idaho,
requesting approval for a subdivision preliminary plat. The
project is located in the 100 year floodplain and in the floodway.
The applicant included a floodplain application, statement from
Paul Kunz, a consulting engineer and a Floodplain study and site
wildlife assessment. This proj ect includes 52.81 acres, 1.65
dwelling units per acre, at 1.85 lots gross density. The project
is located in a R5 zone.
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 August 1,1994, a public hearing was conducted by the Eagle
Planning and Zoning Commission. Testimony was presented by
neighborhood property owners. There was opposing testimony
regarding the floodplain and floodway areas.
2.
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
ENTITIES:
DIVISION OF ENVIRONMENTAL QUALITY: 7/25/94, Joy Palmer, Regional
Administrator. "DEQ will review the developer's sewer and water
plans to insure that they meet state standards. The project will
include a pressurized irrigation system, with water to be supplied
by the Farmers Union Canal Company. We do not anticipate that
connection to existing water or sewer services will have an adverse
impact on water or air quality. . . . we are concerned with the
potential negative impacts on water quality as a result of
subsurface disposal or discharge to surface waters. These negative
effects can be lessened by proper construction and maintenance of
soil-vegetation disposal systems, which provide a greater degree of
treatment than conventional seepage pits and trenches."
ARMY CORPS OF ENGINEERS: June 13, 1994, Gregory J. Martinez,
Proj ect Engineer. "Section 404 of the Clean Water Act requires
that a Department of the Army permit be issued for the discharge of
dredged or fill material into waters of the United States,
including wetlands." If development of lots along Dry Creek would
include work below the ordinary high water mark of Dry Creek, then
a Department of the Army Permit would be required prior to any
construction activities within Dry Creek. This would also include
any utility line or roadway crossings of Dry Creek.
FEDERAL EMERGENCY MANAGEMENT AGENCY, May 16, 1994 Marcia Melvin,
Natural Hazards Program Specialist: Portions of this subdivision
are in the floodway, including access roads. The floodplain
ordinance prohibits any development in the floodway that would
cause any rise (0.00 ft) in 1200 year base flood elevations. The
City will need to require that an engineering analysis be
completed. The developer will need to submit the study to FEMA and
to contact Ada County regarding other developments that might need
to be reflected in the engineering analysis.
EAGLE SEWER DISTRICT: This development is within the District's
planning area, but not annexed. They have not been approached by
the developer, nor seen anyon-site sewer construction plans.
Sewer service would be via the proposed Dry Creek sewer line. This
is a 15" line that will parallel Dry Creek at the end of Dawn St.,
up to Floating Feather Rd. The line will serve the new middle
school, the Crandlemire property, the Hormaechea property and this
development. This construction line will require easements from 4
or 5 properties, and a crossing of the new Dry Creek Ditch Canal.
The construction plans for the Dry Creek line have been submitted
to the District's Engineer; however, they were submitted after the
March meeting deadline. It is anticipated that the District Board
may try to move the plan approval to the March meeting agenda. If
the plans are not approved at the March meeting, the canal crossing
most likely will not have time to be completed prior to the water
season.
EAGLE SEWER DISTRICT: July 19, 1994 letter reiterated information
from March 10, 1994 letter above.
EAGLE WATER - CO: will provide water service to this subdivision
under it rules and regulations as provided for by IPUC. 7/15/94.
DEPT. OF WATER RESOURCES, May 18, 1994, M. Gene Gibson, Stream
Protection Specialist: 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.
MERIDIAN SCHOOL DIST: The Dist. can predict when completed, this
subdivision will house 36 elementary aged children, 28 middle
school aged children and 25 senior high aged students. At the
present time Eagle Elementary is 113% at capacity, Meridian Middle
School is at 130% 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.
ACHD: Ranch Drive was constructed as a private driveway from Eagle
Road in towards this project approximately 100-feet several years
ago. This roadway may require substantial reconstruction to be
approved as a public street and then it would need to be extended
approximately 400-feet to connect to the proposed subdivision
project.
Site Specific Requirements:
1. Dedicate 4S-feet of right-of-way from the centerline of
Floating Feather Road abutting parcel (20 additional feet). The
owner will be compensated for this additional right-of-way from
available impact fee revenues in this benefit zone.
2. Direct lot or parcel access to Floating Feather Road is
prohibited, in compliance with District policy. Lot access
restrictions shall be stated on the final plat.
3. Utility street cuts in the new pavement on Floating
Feather Road will not be allowed unless approved by the District
Commission.
4. Provide a paved public turnaround (with appropriate
easement) at the east end of Ranch Drive.
5. The landscape islands in the cul-de-sacs and the median
shall be platted as private property to be maintained by a
homeowners association. Provide a minimum of 20-feet (face-to-face
of curb) for the street around the median.
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 st 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-111-A-1. 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.
Recommendations on subdivisions with lesser density (2 acres or
more per house) may be
a. ponds and frost free draft hydrants,
b. 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-111-A-1, 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
CENTRAL DISTRICT HEALTH: Can approve this development for central
sewage and water after submittal and approval of plans by DEQ and
Dept. of Health & Welfare. Stormwater management shall be reviewed
by the Dept of Water Resources. Documentation shall be provided
that demonstrate groundwater quality will not be impacted.
STORMWATER MANAGEMENT RECOMMENDATIONS: "We recommend that the
first one half inch of stormwater be pretreated through a grassy
swale prior to discharge to the subsurface to prevent impact to
groundwater and surface water quality.
NEW DRY CREEK DITCH CO: 5/11/94: ".. .the canal flows above ground
on the south side of this porposed development. .. .the canal bank
should be reinforced to a top width of no less than 4 feet wide and
the bank should be raised one foot higher than it is at the present
time. This earthwork should be the developers cost. NDCDCo. Must
sign off on the acceptance of the work. .. . any common area located
near the canal should be fenced from the canal... no landscape
except grass will be allowed to infringe upon the canal's easement.
...There should be special attention paid to the area where Dry
Creek and the NDCDCo. canal intersect.
IDAHO POWER: "We require a permanent 10' wide public utilities
easement along all lots adjacent to a road right-of-way dedicated
to public or private use. II
WRITTEN COMMENTS:
S. E. Prescott: Concerned about irrigation water
Ru~s and Jan Bushert: Floodplain and floodway concerns.
Janet Buschert, 7/26/94: Wildlife, floodwas, Comp plan.
4.
The Staff Report included the following:
A. 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
B. The Army Corp of Eng, Lucky Peak Project Office: All
engineering studies and applications must be submitted and
approved by the City Engineer.
C. An agreement on the canal crossing with a sewer line will
need to be secured with the Sewer District.
D. This subdivision has not been reviewed by the
Greenbelt/Pathway or Eagle Landscaping Committee.
E. The sidewalk requirement should be addressed by the City
Council, as well as consideration of prohibiting any fencing
or out-buildings in the floodway and bordering the common
areas.
F. The name of the subdivision has been accepted and should
not be changed.
G. DEQ will review the developer's sewer and water plans to
insure that they meet state standards, as per DEQ letter of
7/20/1994.
5.
The development is bordered to the south by R5 zoning, the
Methodist Church, Eagle Elementary School, the east by R5 and
Agricultural land, the north by Agricultural and Downing Downs
Subdivision to the west.
6.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
1993 EAGLE COMPREHENSIVE PLAN
The standards used in evaluating the application are
following sections of the Comprehensive Plan:
in
the
Purpose and Scope: (a) to protect property rights and enhance
property values, (f) to encourage urban and urban-type
development within the incorporated City limits of Eagle (g)
to avoid undue concentration of population overcrowding of
land, (h) to ensure the development of land is commensurate
with the physical characteristics of the land. '
Parks, Recreation and Open Space: 1. Create ample areas and
facilities for our citizen's diverse indoor and outdoor park
and recreational interest, 2. to encourage development of
parks and recreational programs which meet the different
needs, interest, and age levels of our citizens who reside in
both the rural and urban areas, 3 Set aside for enj oyment
adequate amounts of open space - - - 4. Developers shall be
encouraged to dedicate and develop areas for parks or tot lots
in new residential developments.
Transportation: Transportation and land use planning must be
compatible. The City of Eagle is responsible for land use and
transportation planning within the Eagle Impact Area. The
Eagle Planning and Zoning Commission shall coordinate with the
appropriate transportation network planning agency for all
planned development that falls outside the authority of the
City.
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. 2. The location of all
housing shall be coordinated with provisions for adequate
public facilities and services. 3. Developments of housing for
all income groups close to employment and shopping centers
shall be encouraged, 4. Housing shall be encouraged which is
in accordance with local building codes and provides for
energy saving design, 5. An open housing market shall be
encouraged for all persons regardless of income, race, age,
sex, religion or ethnic background, 6. The use of materials
and techniques that will maintain a high level of quality
while lowering cost and speeding construction shall be
encouraged.
Land Use: Policies and Goals (1) The residential densities in
the City limits shall not exceed twenty-five (25) units per
acre.
Medium Density Residential
Sui table primarily for single family residential development wi thin
an urbanized setting. Appropriate residential densities are 4
dwelling units or fewer per gross acre.
NATURAL RESOURCES:
An important part of the City and the Impact Area is in the Boise
River and Dry Creek floodplain. This area contains important
natural resources including wildlife, fish and water. The wildlife
includes many different mammals such as red fox, beaver, raccoon,
badger, skunk, muskrat, cottontail and jack rabbits, ground
squirrels and numerous varieties of rodents. There is also a wide
variety of songbirds, upland game birds and shore birds.
Significant populations of duck, pheasant and geese make up a large
part of this variety of bird life.
The soils of the region consist of at least nine (9) major series
with numerous subsidiaries of each soil type as defined by the U.S.
Soil Conservation Service. While numerous minerals are lacking,
there are deposits of sand and gravel.
Special concern and attention must be given to fish and wildlife
when implementing planning and zoning decisions.
POLICIES AND GOALS:
1.
To preserve and protect
fish,
wildlife and agriculture
interests, open space and recreation-nature areas in the
floodplain of the Boise River and Dry Creek area shall be
encouraged in future development plans.
2. Special emphasis shall be given to the preservation of fish,
wildlife, agriculture, open space and recreation-nature areas
in the implementation of any planning and zoning decisions.
SPECIAL AREAS OR SITES:
"Special areas or Sites" are defined as areas, sites or structures
of historical, archaeological, architectural, ecological, or
scenic significance. Special areas or sites within the Impact Area
should be analyzed according to their defined function. Whenever
possible, these sites should be preserved and conserved as open
spaces or for educational and cultural centers. Development of
Special Areas or Sites should take place in a manner that reflects
harmony with their natural environment and recognized qualities
which render them distinctly unique.
POLICIES & GOALS:
1. To promote the conservation and efficient management of all
Special Areas and Sites in addition to open space natural
resources within the Impact Area.
2. To protect and maintain soil, water, air, and other natural
resources so that they may be used and enjoyed by all.
3. To protect and improve natural and man-made waterways and
preserve their natural resource and recreational value.
4. To preserve existing trees and natural growth wherever
practicable and establish appropriate landscaping as a part of
new developments.
5. To encourage the provision of habitat areas which provide for
fish and wildlife.
6. To protect historical and geological sites or monuments and
archaeological areas in the Impact Area.
7.
To conserve and maintain all desirable fish and wildlife
species and habitats particularly along the Boise River and
Dry Creek. Developmental and governmental programs which
provide for fish and wildlife conservation shall be
encouraged. When additional public access to designated
special areas is required, such access shall cause minimum
disturbance to the present land use.
8. To require developers to prepare and submit an environmental
assessment and any such additional reports as the City may
from time to time require, to the Planning and Zoning
Commission, and the City Council for any development of a
principle use on vacant land within an area designated as a
Special Area or Site or for any development impacting a
designated Special Area or Site.
9. To require a plan for the restoration of land which shall be
made available to the Planning and Zoning Commission and City
Council for each parcel of land located within a Special Area
or Site that is proposed for the extraction of sand, gravel,
rock, or other mineral resource.
RECOGNIZED SPECIAL AREAS AND SITES:
Dry Creek Floodplain:
The Dry Creek Floodplain is designated as a Special Area due to its
ecological and scenic significance. This area comprises the length
of the Dry Creek Floodplain through the Impact Area.
HAZARD AREAS
The lOa-year floodplain of the Boise River and Dry Creek, as now
and in the future defined by the Corp of Engineers, constitutes the
natural hazard areas within the City and Impact Area. Additional
hazard areas may be added to the Comprehensive Plan when deemed
necessary.
The City considers a floodplain to consist of two parts: (1) the
floodway which is the most severe part of the floodplain at the
time of flooding characterized by deep and fast moving water, and
(2) the floodway fringe which is less severe than the floodway and
characterized by more shallow, slower moving waters at the time of
flooding.
The Dry Creek floodplain has potential for flash flooding while the
Boise River can flood due to seasonal weather conditions.
POLICIES & GOALS:
1. To protect the health and safety of Eagle residents while
offering varied open space uses.
2. Whenever possible the existing natural floodplain of the Boise
River and Dry Creek should remain in a natural state as a
greenbelt, wildlife habitat, agricultural, open space and
recreation-nature areas.
3. Special drainage studies, for those areas within the 100 year
floodplain, and any other areas deemed necessary by the City,
may be required before any development will be approved. This
is to facilitate the orderly development and the preservation
of downstream or downflow properties.
4. The City encourages area wide drainage studies and the City
may require implementation and construction of storm drain
systems.
5. No manufacture or storage of toxic, flammable or explosive
material shall be permitted in the floodplain.
6. Industrial uses other than sand and gravel extraction will not
be permitted in any portion of the floodplain.
The Comprehensive Plan is a policy document intended to be used as
a guide. It should be followed as closely, as reason, justice and
its own general character make it practical and possible. The
Comprehensive Plan is not a precise plan and does not show nor
intend to show the exact outline of use districts. It shows,
rather, the general location, character and extent of land use
patterns.
10/93
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:
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 supply sewer service. drainage.
transportation or other vublic services; or
2. The unnecessary imposition of an excessive e~enditure of
public funds for the supply of such services; or
F. The requirements as to the extend 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
adoptedí subdivision streets shall conform to such plans
B. Mînor 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.
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,
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: AIl street subdividers within 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 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
9-5-4-4: Control during development, time limit
TITLE 10:
FLOOD PLAIN
10-1-1:
FINDINGS OF FACT AND PURPOSE:
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;
4. -- To minimize prolonged business interruptions;
5. 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)
3.
6.
7.
8.
10-1-2: METHODS OF ACCOMPLISHING PURPOSE: In order to accomplish
its purposes, this Chapter includes methods and provisions for:
A.
B.
c.
D.
10-1-6:
10-1-7:
A.
B.
C.
D.
E.
F.
10-1-8-3:
A.
10-1-8-4:
E.
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 al teration 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:
Permits Required:
Application for Permit:
Review:
Notice To Applicant:
Appeals:
Expiration and Revocation of
Development Permit:
WATER AND SEWER SYSTEMS:
B.
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.
c.
SUBDIVISIONS:
A.
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 i
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
B.
c.
D.
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:
Residential Construction: New construction and
substantial improvement of any residential structure
shal1 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.
A.
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:
1.
3.
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 perIni t
the automatic entry and exit of floodwaters.
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 proj ectile and
erosion potential, the following provisions apply:
D.
1.
Encroachments, including fill, new -construction,
substantial improvements and other development,
unless certification by a registered professional
engineer or architect is provided demonstrating that
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.
3.
CONCLUSION
The Eagle Planning and Zoning Commission concludes that based on
the forgoing findings, the application on behalf of Wintry River
Crossing in in compliance with the Eagle Comprehensive Plan and
Eagle City Codes.
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 subdivision preliminary plat
be approved with the following conditions:
1. the recommendation by P&Z to approve the plat is with the
exception of the two lots, now reference as 4 and 9, that are
in the floodway. If the removal of those lots from the
floodway designation is not accepted by FEMA they become
common lots, maintained by the homeowners association, not
building lots. If they are acceptable as building lots,
without altering the stream bed they can become building lots;
2. that the pathway will be maintained by homeowners
association, all landscaping be purposely designed "natural"
on the dry creek area, but remain free of weeds, all
landscaping subject to the City Landscaping Committee;
3.
the standard subdivision conditions.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this 15 day of August, 1994.
APPROVED:
ATTEST:
COMMIS~ION