Findings - PZ - 1995 - PP - Lexington Hills 7 & 8/Cluster Housing In Existing Pud
ORIGINAL
CITY OF EAGLE
IN THE MATTER OF
AN APPLICATION FOR
LEXINGTON HILLS NO.7 &
NO.8 SUBDIVISION
FOR SUBDIVISION
PRELIMINARY PLAT by
LEXINGTON HILLS, INC.
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FINDINGS OF FACTS &
CONCLUSIONS OF LAW
On October 2, 1995, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, Dave
Roylance, representing the applicant, came before the Eagle
Planning and Zoning Commission, for the City of Eagle, Idaho,
requesting approval for a subdivision preliminary plat. This
subdivision is located on the north side of Floating Feather Road
between N. Parkforest and N. Seven Oaks in Eagle, Idaho. The
proposal is for a preliminary plat application for Lexington Hills
No.7 and 8,Cluster Housing, in an existing PUD, 62 lots on 13.97
acres for a gross density of 4.43 lots per acre in two separate
areas in an existing R4 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 October 2, 1995, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was presented by
neighborhood property owners. Concerns of the public: An
understanding that the cluster portion would be single level patio
or retirement homes. Opposition to 2 story homes on small lots.
Jim Borton: opposed
Chuck Bower: questions only
Georgia Mackley: in favor
Sandra McMullen: opposed
Pamela Dillon: opposed
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
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responses are as follows:
RESPONSES RECEIVED FROM ENTITIES
Eagle Fire District: 9/28/95, Before the development plans are
approved, the following conditions shall be met:
1. Street signs shall be up prior to building homes.
2. Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFC, this section covers width and turn-arounds.
3. Fire Flow requirements for buildings: The minimum fire-flow and
flow duration requirements for one and two family dwellings having
a fire area which does not exceed 3,600 sq ft shall be 1,000 gal
per minute. Fire flow and flow duration for dwellings having a
fire area in excess of 3,600 sq. ft shall not be less than that
specified in Table No. A-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.
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
Eagle Sewer District: 10/2/95, "All of the Lexington Hills property
is within our planning area, and has been annexed into our service
boundaries. There are sewer lines in the area with adequate
capacity to serve these two additional phases of Lexington Hills.
With the problems we have experienced in getting our expansion
plans approved through Ada County, I am uncertain if Eagle Sewer
District will approve any additional sewer construction plans. At
last month's meeting, the District tabled the Chaumont Subdivision
plans pending a positive response from Ada County on our Completion
Project. The District has since received the "go-ahead" on the
Completion Project. Bid openings are scheduled for October 19.
The Rapid Infiltration Basins will be discussed at our October 9
meeting. We will also be discussing whether or not we will
continue to approve annexation request and issue plan approvals.
As soon as a decision is made, we will notify the City.
Central District Health: 9/20/95
After written approval from appropriate entities are submitted, we
can approve this proposal for central sewage.
. The following plans must be submitted to and approved by the
Idaho Department of Health and Welfare Division of
Environmental Quality: Central sewage and central water.
Street runoff is not top create a mosquito breeding problem.
Stormwater management criteria are recommended.
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The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
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
land that would result in either of
1. The lack of water supply.
drainage. transportation or
services: or
subdivision of
the following:
sewer service.
other public
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of
such services: or
F. The requirements as to the extent and the manner
in which:
1. roads shall be created, improved
and maintained; and
2. water and sewer and other utility
mains, piping connection, or other
facilities shall be installed
G. The manner and form of making and filing of any
plats; and
H. The administration of
defining the powers and
these regulations by
duties of approving
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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 adopted, subdivision streets shall
conform to such plans
B. Minor Streets: Minor streets shall be so
arranged as to discourage their use by through
traffic
C. Stub Streets: Where adj oining 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
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w/local standards.
9-4-1-5: STREET LIGHTS: All street subdividers wlI 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 1001, 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 51 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
POLICIES AND GOALS Community Design
1. To establish and maintain a development pattern and
design criteria in keeping with the rural transitional identity of
Eagle. This includes growth within the Impact Area that
discourages or precludes the establishment of other City
centers.
2. The City limits shall be that area as defined by the Land
Use Designation Map.
3. The design of the Commercial Zones, consisting largely
of government, commercial, manufacturing areas, and community
buildings shall conform to City Ordinances.
4. The floodway shall be reserved as a natural state such
as a greenbelt, wildlife habitat, open space recreational area
and for agricultural uses.
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5. The City Design Review Ordinance shall set forth
criteria for building design, landscaping, signage and other
aesthetic standards. Development along State Street within the
Impact
Land Use
Medium Density Residential
Suitable primarily for single family residential development
within an urbanized setting. Appropriate residential densities
are 4 dwelling units or fewer per gross acre.
POLICIES AND GOALS
1.
To preserve the rural transitional identity.
2.
To preserve the natural features and resources of Eagle.
3. To establish land use patterns and zoning districts that do
not exhaust available services such as sewer, water, police, fire
protection, recreational areas, highways and transportation
systems.
4.To promote compatibility between zoning districts.
5.To promote commercial service and retail development within the
Central Business District, an area bordering on State Street
between Edgewood Lane and Ballantyne Lane and the State Highway
44 alternate route and State Street.
6. To discourage strip commercial type development along the
length of major and minor arterials and collectors within the
City.
7. To encourage location of a major retail center within the
City's Central Business District (as defined by item 5).
8. To encourage commercial development at or near the
intersection of State Highway 55 alternate route and State
Highway 44 that will serve the traveling motorist and public
as hotels, motels and restaurants and will complement rather
compete with the downtown service and retail establishments.
such
than
9. To identify as a Special Area due to its historic,
architectural and scenic significance the State Street corridor
between Old State Highway 55 and Ballantyne Lane and Eagle Road
between State Highway 44 alternate route and State Street.
Properties which abut State Street or are within 300 feet of the
State Street right-of-way shall be considered part of this
special area.
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10. To identify the Central Business District as a Special Area
due to its historic significance and to conduct evaluations to
determine the feasibility of pursuing Certified Local Government
(CLG) status in order to qualify for federal and state historic
preservation grants and funds.
11. To identify the foothills, the Dry Creek Floodplain and the
Boise River Floodplain as Special Areas due to its environmental
and scenic significance.
12. To create special development and design review standards
for properties characterized by a Special Area designation.
Special Areas shall be given consideration for a Planned Unit
Development (PUD) zoning classification.
13. To allow the development of businesses and professional
services within the City in a manner that is commensurate with
the needs of community residents.
14. To require commercial development within the City and the
Impact Area to satisfy community design standards and objectives
and reflect a design that is in harmony with established
residential development.
15. To encourage industrial development generally on the south
side of State Street. Such development shall be limited to light
industry, technical parks and other compatible industrial uses.
16. To assess and consider factors such as public services,
environmental and social impacts when evaluating proposals for
industrial projects and development.
17. To require industrial development to adhere to state and
federal laws with respect to air and water quality.
18. To preclude industrial developments that may overburden
public services and facilities causing increased public
expenditures unless the industry pays its proportionate share of
costs of related services.
19. To conduct an assessment of existing industrial zoning
district classifications in the City for purposes of considering
the addition of an I-P (Industrial Park) district in conjunction
with the deletion or modification of the existing M-2 (Heavy
Manufacturing) district and M-3 (Extractive Manufacturing)
district.
20. To provide for a broad spectrum of housing types including
apartments, townhouses, condominiums, single family attached,
affordable and subsidized housing and large acreage developments.
21. To establish categories of residential land use based upon a
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range of possible residential densities. Residential density
within a land use category may vary within the prescribed range
from project to project depending upon individual circumstances
and property characteristics such as topography, environmental
issues, design and land use compatibility. Residential density
shall be based on the number of residential dwelling units per
gross acre as defined in the Eagle Zoning Ordinance.
22. To encourage clustering and density transfer techniques to
provide for recreational opportunities and for the preservation
and acquisition of open space as part of Planned Unit
Developments. Plats involving ten or more lots are encouraged to
file such requests as part of a Planned Unit Development.
Density shall be calculated on a gross basis by dividing the
number of acres in the plat by the proposed number of dwelling
units.
SEWER SUPPLY
All new developments of five or more lots, or development tracts
that will entail five or more lots upon completion with densities
of more than three single family units per five acres, (at least
one unit per 1.67), and all large commercial/industrial
developments shall be required to: (A) be connected to a central
sewer system. A central sewer system shall be defined as a
collection of sanitary sewer lines that connect all users to a
central treatment plant. All sewer systems must meet Central
District Health standards.
CITY OF EAGLE
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 District on the plat is required
prior to signing of the final plat by the City Engineer.
(I.C. title 50, Chapter 13.)
2.
Correct street names as approved by the Ada County Street
Name Committee shall be placed on the plat prior to signing
of said plat by the City Engineer.
3.
Approval of sewer and water facilities, the Idaho Dept of
Health & Welfare and Central District Health are required.
The signature by the Ada County Central District Health
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Department is required prior to signing of the final plat by
the City Engineer (I.C. Title 50, Chapter 13 and I.C. 39-
118)
A.
The developer shall comply with Eagle City Code 9-4-1
pertaining to required improvements within
subdivisions. Required improvements shall include, but
not be limited to, extending all utilities to the
platted property. Complete construction plans of water
and sewer systems shall be submitted to and approved by
the City Engineer prior to signing the final plat by
the City Engineer. The developer may submit a letter
in lieu of plans explaining why plans are not
necessary.
4.
The developer shall place a note on the face of the plat
which states: "Minimum building setback lines shall be in
accordance with the City of Eagle Zoning Ordinance at the
time of issuance of the building permit or as specifically
approved" .
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance
or as specifically approved.
5.
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
hydrant locations, Minimum flow per hydrant shall be
gallons per minute for one and two family dwelling.
Dwellings having a fire area in excess of 3,600 sq ft
be required to have 1,500 gallons per minute.
fire
1000
shall
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, concerning
irrigation rights, transfer and disclosure.
A. The water rights appurtenant to the lands in said
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10.
subdivision which are within the irrigation entity will
be transferred from said lands by the owner thereof; or
B. The subdivider has provided for underground title or
other like satisfactory underground conduit to permit
the delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
1. Developer may either construct prior to final
platting or bond in the amount of 110% of the
estimated construction costs.
2. Plans must be submitted to the City Engineer
showing the delivery system and approved by a
registered professional engineer prior to signing
of the final plat by the City Engineer.
8.
Developer and/or owner shall submit a letter from the
appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a
registered professional engineer certifying that all
drainage shall be retained on-site prior to signing of the
final plat by the Eagle City Engineer. A copy of the
construction drawing(s) shall be submitted with the letter.
A. For drainage facilities not belonging to ACHD, the
developer may either construct prior to final platting
or post bond/agreement in the amount of 110% of the
estimated construction costs.
9.
Covenants, homeowner's association by-laws or other similar
deed restrictions, acceptable to the Eagle City Attorney
which provide for the use, control and mutual maintenance
all common areas, storage facilities, recreational
facilities, street lights or open spaces shall be reviewed
and approved by the Eagle City Attorney prior to signing of
the final plat by the Eagle City Engineer.
A restrictive covenant must be recorded and a note on the
face of the final plat is required, providing for mutual
maintenance and access easements.
Appropriate papers describing decision-making procedures
relating to the maintenance of structures, grounds and
parking areas shall be reviewed and approved by the Eagle
City Attorney prior to signing of the final plat by the City
Engineer.
Street light plans shall be submitted and approved as to the
location, height and wattage to the City Engineer prior to
signing of the final plat by the City Engineer. All
construction shall comply with the City's specifications and
standards. The Developer has the option of completing
street light installation prior to signing of the final plat
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11.
12.
13.
14.
15.
16.
17.
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
IInot to exceed one year from the date of approval of the
final platll.
A.
Developer and/or owner shall pay street light
inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
Developers and/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 drainage facilities,
the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the
Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to signing of the final plat by
the Eagle City Engineer.
The developer is to place a note on the face of the plat
which states: IIThis subdivision is subject to the
requirements of the Uniform Building Code (UBC) as regulated
the City of Eagle. 11
Wet line sewers are required and the developer shall furnish
the City Engineer with a letter from the sewer entity
serving the property, accepting the project for service,
prior to signing of the final plat by the City Engineer
(B.C.C. 9-20-8.4)
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18.
19.
20.
21.
22.
23.
24.
25.
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 construction drawing
and submitted to the City Engineer prior to signing of the
final plat by the City Engineer.
Any recreation area, greenbelt area or pathway area along
the Boise 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
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must have the septic systems placed on the street side of
the home.****
26. Basements in homes in the flood plain will be
prohibited.*****
27.
28.
29.
of
30.
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
the final plat or to provide a financial guarantee of
performance by a performance bond in the amount of 110% of
the total estimated cost for completing construction.
Financial guarantee can also be a cash deposit, certified
check, negotiable bond or bank letter of credit.
Street improvements on State St. and/or Eagle Rd. will be
required as outlined in ECC (8-3-6). Sidewalks should be
concrete.
CONCLUSION
The Commission concludes that the application for Lexington Hills
No.7 & 8 Subdivision is consistent with the intent and purpose
of the Idaho State Code, the Eagle Comprehensive Plan and Eagle
City Codes.
The proposed development is appropriate and follows the orderly
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development of the City and protects the health, safety and
welfare of the citizens of Eagle and is in accordance with the
comprehensive plan.
There is adequate evidence showing that this subdivision
development, at the proposed location, satisfies the general
standards for approval of a subdivision set forth in Section 9-1-
3 of the Eagle City Code, the general subdivision provisions.
The development, if the conditions attached are met, will promote
public welfare, safety and the Subdivision provides for
harmonious development.
Granting of the application will not violate the Idaho Code nor
nullify the interests or purposes of the Eagle City Code or eagle
Comprehensive Plan, with the conditions recommended by the Eagle
Planning and Zoning Commission;
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS
OF LAW, the Eagle Planning and Zoning Commission recommends
to the Council the application for subdivision preliminary
plat for Lexington Hills No.7 & 8 Subdivision be approved
with the standard conditions and the following:
1. Lots #15, 18, 19 abutting Floating Feather Road are to be
single story homes
2. Frontage of lots 10, 11, 14, 15, & 22 meet the minimum
frontage requirements of 35 ft.
3. 25 ft. setback from the north side of the properties
abutting existing property owners
4. 7~ ft. side setback on single story homes and a 10 ft.
setback on 2 story homes
5. Standard subdivision requirements
6. Lots 2-10 are only single story on Floating Feather
7. A path provided within the subdivision to go to the
school, with the school officials approval, in phase #8.
Ie Planning and Zoning Commission of the City
i 16th day of October, 1994.
Barbara Mo tgo
City of Eagl
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