Findings - PZ - 1995 - Rezone/floodplain application/PP - Rz From A To Ar/Floodplain, Pp For 4 Lot Subd/28.12 Acres
CITY OF EAGLE
IN THE MATTER OF )
COVEY GLEN REZONE, FLOODPLAIN, ) FINDINGS OF FACT &
& PRELIMINARY PLAT APPLICATION ) CONCLUSIONS OF LAW
This matter having come before the Eagle . Plann~ng and zon~ng
Commission on June 5, 1995, pursuant to publlC notlce and hearlng
procedures set forth in Section 67-6509, Idaho Code, and there
bein~ present applicant Barry Peters requesting an approval of an
appllcations for a rezone from A to AR district classification,
floodplain, and preliminary plat for a 4 lot subdivision on 28.12
acres.
FINDINGS OF FACT
Having given due consideration to the application and evidence
presented, the Eagle Planning and Zoning commission hereby makes
the following findings of fact:
1. That on June 5, 1995, a public meeting was conducted by
the Eagle Planning and Zoning Commission. The records in this
matter indicate all notices and publications occurred as required
by law for such hearing.
2. That the subdivision as proposed will be on Mace Road
approximately 3/4 mile west of Eagle Road.
3. That the existing land use in the" area is presently
residential on acreages, and agriculture.
4. That the records reflect that in response to the notice
of the public hearing sent to relevant public entities, including
Ada County Highway District, Central District Health and FEMA, the
City was advised that subject to certain conditions there was no
obj ection to the zone change. The following comments were
received:
Stan McHutchison, 5/23/95: Floodplain: Although the preliminary
plat does not identify the floodplain in the area of this plat, it
ap~ears the entire plat lies within the floodplain with a portion
IYlng in the floodway.
Two of the four lots are within the floodway. The developer
proposes to elevate the two lots as much as SlX feet, therefore
raising them about four feet above the base flood elevation. To
mitigate the raised house site, they propose to excavate a pond in
the center of the development. Through several calls and some
correspondence between the developer's engineer and FEMA, FEMA has
determined that "no rise" will occur in the development if
constructed as proposed. (Please note that we have not received
the information that FEMA used as a basis for their decision.)
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Streets: The developer states that he has reached agreement with
ACHD on the use of Mace Road.
Sewer: The developer states that he has reached agreement with the
Central District Health Department for on-site sewer service to the
four lots. However, since the developers of Streamside and Banbury
Meadows Subdivisions will be extending central sewer through Eagle
Island, maybe Covey Glen can be served by this sewer line. I
recommend the developer speak to this matter at the Council
Meeting.
I have not spoken to any flood control agency regarding this
application. Therefore, I feel that the developer should address
wetlands and/or wetland mitigation.
Responses from Entities:
Eaqle Fire District: 5/17/95 as per phone conversation: Their
comments remain the same as they were for Scott's Glen Subdivision.
Meridian School District: 5/19/95, "This development will
accelerate the need for Joint School District No.2 to construct
additional classrooms and/or to adjust school attendance
boundaries. Meridian Schools do not have excess capacity. Nearly
every school in the district is beyond capacity.
The Meridian School District supports economic growth for Idaho and
specifically the district's area, but such growth produces a need
for additional school construction. We ask your support for real
estate transfer fee to help offset the costs of building additional
school facilities. If this support is lacking then we ask that
additional residential development be denied.
Residents of the new subdivision cannot be assured of attending the
nei~hborhood school as it may be necessary to bus students to
avallable classrooms across the district.
We ask that you assure the developer will provide walkways, bike
paths and safe pedestrian access." Dan Mabe
Department of the Army, Corps of Engineers: 5/22/95, "Section 404
of the Clean Water Act (33 U.S.C. 1344) 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.
This includes excavation activities which result in the discharge
of dredged material and destroy or degrade waters of the United
States.
Our review of the information provided inn your notice indicates
that the proposed project is located in the general area where
wetlands under the Jurisdiction of the Clean Water Act are known to
occur. The Mason-Catlin Canal follows the northern portion of the
site, however, the canal is not a water of the United States and,
therefore, no Department of the Army permit is required prior to
performing work within the canal. At this time we have not
completed a field investigation to determine if jurisdictional
wetlands or other waters of the United States exlst or may be
impacted by the proposal. Should a review of the property become
necessary, please insure that the applicant has clearly staked the
property so that we may determine the extent of the impacts to any
wetlands that may be present at the time of our review."
Eaqle Sewer District: 5/19/95, This property is located within the
Sewer District's Planning Area, but has not been annexed into the
taxing boundaries, at the present time, there are no sewer lines in
the area that can serve the development. The line proposed by
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Banbury and Streamside may be able to serve Covey Glen. Central
District Health has jurisdiction over individual septic systems
that may be allowed. Lynne Sedlacek
Central District Health: 5/22/95, "Before we can comment
concerning individual sewage disposal, we will require more data
concerning the depth of high seasonal ground water. Street Runoff
is not to create a mosquito breeding problem. A com~lete
engineering report will be required. Floodway, floodplain, fllled
areas shall be defined. Evapotranspiration systems are required
for each residence. See attached conditions for approval.
Stormwater management criteria:
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. The engineers and architects involved with the design of
this project should obtain current best management practices for
stormwater disposal and design a stormwater management system that
is preventing groundwater and surface water degradation. Manuals
that could be used for guidance are:
1. STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of
Washington Department of Ecology, February 1992.
2. ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE
DRAINAGE MANAGEMENT.
3. CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp
Dresser and McKee, Larry Walker Assoc. for the Stormwater Quality
Task Force.
4. URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management
Practices, Stormwater Quality, Urban Drainage and Flood Control
District, Denver, Colorado.
Conditions of approval are as follows:
1. Sanitary Restrictions will be retained on the plat in
accordance with Idaho Code until such time as a permit has been
issued for an ET system or a parcel is connected to the Eagle Sewer
District.
2. No parcel is to be subdivided or split from the original plat
until the development is served by the Eagle Sewer District.
3. The "Common area lot" (lot 5) depicted on the 7/16/91 plan from
Toothman-Orton Engineering will not have a dwelling build upon it.
Discharges to the ET system will typically include swimming pools
backwash and wastewater from associated activities.
4. The bottom of the ET systems is to be at least 12" above the
projected 100 year flood level for the specific site on each
parcel.
5. The systems will be abandoned and the dwellings will be
connected to the Eagle Sewer District system within 180 days of
notification by the Environmental Health Division of the Central
District Health Department that sewer is reasonably available to
the parcel.
6. The system site is to be afforded the same design approval and
floodway protection as construction of a dwelling in the floodway.
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--- - ---~--- ~
7. The septic tank or structure may be installed in fill with
proper precautions taken to prevent settling.
8. Each system is to be desi~ned by a licensed Idaho Engineer
familiar with septic system deslgn. The plans are to be submitted
to and approved by Central Distrlct Health Department,
Environmental Health Division prior to issuance of a permit to
install the system.
9. There is to be a pre-installation conference with the District
staff, the installer and the design engineer prior to installation
of the system.
10. The system installation is to be under the direction of the
design engineer. The district staff will also inspect the
installation.
11. Within 30 days of completion of each system the Central
District Health Department, Environmental Health Division is to
receive the record drawings of the completed systems.
12. The system will not be used until final approval is granted by
the Central District Health Department, Environmental Health
Division.
13. The Central District Health Department will be afforded the
opportunity from time top time to observe the operation of the
system.
14. Annual reports will be provided to the Central District Health
Department, Environmental Health Division Concerning the operation
of the systems in include but not limited to liquid levels,
pumping, problems with operation and flooding of the area.
15. This approval can not be transferred to future owners of the
lots until such time as the systems are installed and operational
on the ~arcel.
16. ThlS approval and the covenant are to be filled with the Ada
County recorders office.
5. That the aJ?plicant presented testimony and drawings
depicting a 4 lot subdlvision, each lot approximately 7 acres. The
plans also show a pond and raised pads for the construction of the
four homes and a stable area. The drawings and exhibits presented
by applicant are hereby incorporated by reference into these
factual findings, as showing a representative example of the
proposal.
6. That testimony was presented by the following neighboring
property owners: Charlie Porter, property owner to west, his
biggest concern is flooding and resulting damage to his property.
7. That the standards used in evaluating the application are
in the following sections of the Eagle City Code and Comprehensive
Plan.
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
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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
6. 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:
Restricting or prohibiting uses which are dangerous to
heal th, safety and property due to water or erosion
hazards, or WhlCh 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;
D. Controlling filling, grading, dredging and other
development which may increase flood damage; and
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
A.
B.
C.
10-1-6:
10-1-7:
A.
B.
C.
D.
E.
F.
10-1-8-3:
A.
3.
7.
8.
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:
All new and replacement water supply systems and sanitary
sewage systems shall be designed to minimize or eliminate
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B.
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.
10-1-8-4:
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
D. 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.
A.
B.
C.
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 professlonal en~ineer
or architect or must meet or exceed the following mlnimum
criteria:
B.
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 coverlngs or devices provided that they permit
the automatic entry and exit of floodwaters.
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
2.
3.
1.
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C.
of the base flood elevation; or, together with attendant
utility and sanitary facilities, shall:
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.
4. 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).
1.
2.
3.
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:
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.
2. 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)
VARIANCES:
D.
3.
10-1-10:
1.
The standards used in evaluating the rezone application are in the
following sections of the Eagle City Code and Comprehensive Plan:
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ZONING DISTRICTS
8-2-1: Districts established
A-R Agricultural-Residential District: 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 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 of
5. Occupancy
permit
EAGLE COMPREHENSIVE PLAN
LAND USE: Residential uses- I. 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.
Land Use Designation: Low 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. Appropriate residential densities are 2 dwelling units or
fewer per gross acre.
COMMUNITY DESIGN: (#4) Floodways shall be reserved as a natural
state such as a greenbelt, wildlife habitat, open space
recreational area and for agricultural uses
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan
CONCLUSIONS OF LAW
Based upon the foregoing findings,
Commission concludes as follows:
the Planning and Zoning
1. That the primary use of other property in the area will
remain residential and agricultural per the Comprehensive Plan and
will not be adversely effected by this project.
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2. The concern for the health, safety and welfare of those
living in the subdivision due to development in the floodplain will
be addressed if the conditions of approval are met.
3. That the proposed zone change is in harmony with the
general purpose of the City's Comprehensive Plan and ordlnances and
will not be otherwise detrimental to the public health, safety and
welfare. The conditions of approval will sufficiently limit
adverse impacts so as not to conflict with the use of surrounding
properties.
4. That the rezone is in accordance with the Comprehensive
Plan for the foregoing reasons, allowing for organized development
of the community and maintenance of a development pattern and
design in keeping with the rural transitional identity of Eagle.
RECOMMENDATION
Based upon the foregoing findings of facts and conclusions of
law, the Eagle Planning and Zoning Commission recommends that the
application be approved contingent upon the following conditions:
1.
2.
3.
4.
5.
6.
7.
8.
Eagle Standard Subdivision Conditions of Approval.
Connect to Eagle Sewer District within 180 days of
notification by Central District Health that sewer is
available.
Mace Road meets ACHD requirements.
Maximum de~th of pond 30 ft.
No lot Spllts until sewer is available.
CLOMR (conditional letter of map revision) prior to
final plat approval.
Meet FEMA requirements
Obtain 404 permit if required.
The Standard Conditions are as follows:
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
amended: 1-95
1.
Developer and/or owner shall comply with all requirements of
Ada County Highway District including approval of the drainage
plan, requirements for installing curb, gutter, sidewalks and
paving throughout the subdivision or as specified by the Ada
County Highway District. Signature by the Ada County Highway
Distrlct on the plat is required prior to signing of the final
plat by the City Engineer. (I.C. title 50, Chapter 13.)
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.
2.
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)
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4.
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 En~ineer
prior to signing the final plat by the City Englneer.
The developer may submit a letter in lieu of plans
explaining why plans are not necessary.
The develo~er 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".
A.
5.
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
Prior to submitting the final plat for recording, the
following endorsements or certifications must be executed:
Signatures of owners or dedicators, Certificate of the
Surveyor, Certificate of the County Engineer, Certificate of
Central District Health Dept., Certificate of the City
Engineer and City Clerk and signatures of the Commissioners of
the Ada County Highway District and the Ada County Treasurer.
6.
A letter from the fire department is required stating" the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locatlons, 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.
A. The water rights appurtenant to the lands in said
subdivision which are wlthin the irrigation entity will
be transferred from said lands by the owner thereof; or
concerning
B. The subdivider has provided for under~round title or
other like satisfactory underground condult to permit the
delivery of water to those landowners wlthin the
subdivision who are also within the irrigation entity.
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10.
8.
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 del i very sys tem and approved by a
registered professional engineer prior to signing
of the final plat by the City Engineer.
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
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.
Appro~riate papers describing decision-making procedures
relatlng 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.
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11.
12.
13.
14.
15.
16.
17.
18.
Developers and/or owner shall delineate on the face of the
final plat an Eagle City street light easement, acceptable to
the City Engineer, for the purpose of installing and
maintaining city-owned street light fixtures, conduit and
wiring lying outside the dedicated public right-of-way, prior
to signing of the final plat by the City Engineer.
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.
The developer and/or owner shall comply with the provisions of
the Eagle City Code which specify limitation on time of
filing. A request for time extension, including the
appropriate fee, shall be submitted to the City Clerk for
processing.
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.***
Should the homeowner's association be responsible for the
operation and maintenance of the storm dralnage facilities,
the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the
Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to signing of the final plat by the
Eagle City Engineer.
The developer is to place a note on the face of the plat which
states: "This subdivision is subject to the requirements of
the Uniform Building Code (UBC) as regulated the City of
Eagle."
Wet line sewers are required and the developer shall furnish
the City Engineer with a letter from the sewer entity serving
the property, accepting the proj ect for service, prior to
signlng of the final plat by the City Engineer (B.C.C. 9-20-
8.4)
No ditch, pipe or other structure or canal, for irrigation
water or irrigation waste water owned by an organized
irrigation district, canal company, ditch association, or
other irrigation entity, shall be obstructed, routed, covered
or changed in any way unless such obstruction, rerouting,
covering or changing has first been approved in writing by the
entity. A Registered Engineer should certify that any ditch
rerouting, piping, covering or otherwise changing the existing
irrigation or waste ditch (1) has been made in such a manner
that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not
otherwise injure any person or persons using or interested in
such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
construction drawin~ and submitted to the City Engineer prior
to signing of the flnal plat by the City Englneer.
Any recreation area, greenbelt area or pathway area along the
BOlse River, Dry Creek or any other area designated by the
Councilor Eagle City Pathway/Greenbelt Committee for a path
or walkway shall be approved by the Eagle City
pathway/Greenbelt Committee prior to approval of the final
plat by the Eagle City Council.
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 Eagle City Pathway/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.***
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 homes in the flood plain will be prohibited.*****
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/Landscaping 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
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30.
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.
Street improvements on State St. and/or Eagle Rd will be
required as outlined in ECC (8-3-6). Sidewalks should be
concrete.
****those developments in the flood plain, greenbelt or Boise River
area
with these conditions the proposal in the applications is
compatible with surrounding properties' zones and land uses, and is
in accordance with the Eagle Comprehensive Plan.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho.
1995.
ATTEST:
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