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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.) - 1 - 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 - 2 - 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. - 3 - --- - ---~--- ~ 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 - 4 - 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 - 5 - 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. - 6 - 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: - 7 - 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. - 8 - 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) - 9 - 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. - 10 - 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. - 11 - 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 - 12 - 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 - 13 - 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: ~ - 14 -