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Findings - PZ - 1992 - Subd/PP/FP in R4 - Subdivision Pre-Plat/Final Plat CITY OF BAGLB IN TIIB IlATTBR OF AVAHTB CASA SUBDIVISION AH APPLICATION FOR A PRBLIIlIRARY AHD FIlIAL PLAT APPROVAL ) ) ) ) ) FIHDINGS OF FACT AHD CONCLUSIONS OF LAW On March 16,1992, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 9, Eagle City Code, Tony Hickey owner of the Avante Casa property and the applicant, came before the Eagle Planning and Zoning for the City of Eagle, Idaho, requesting approval of an application for a subdivision preliminary plat and final plat, in a Residential (4), 4 units per acre district. Based on the application, testimony from the applicant and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. 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 relevant public entities, including Central District Health, Eagle Sewer District, Ada County Highway District, Meridian School District, Eagle Water Co., Eagle Fire Dept., Idaho Power, Dry Creek Ditch Co. Ltd, and Ada County Development Services. The City was advised by said entities that subject to certain conditions there was no objection to the establishment of the proposed development. The Dry Creek Ditch Co. Ltd. submitted 3 conditions of approval. (attached exhibit "A". 2 . On March 16,1992, a public hearing was conducted by the Eagle Planning and Zoning Commission. There was adverse testimony received by the Commission by Richard and Bonnie Martin, and Don Crawford. The public was concerned about stagnate water in ponds, water rights and drainage problems. Concern was expressed by the Planning and Zoning Commissioners regarding the length of the proposed driveway and the surfacing of the driveway. 3. This development is located on North Edgewood Road, between Hill Rd., and State St. This is a 4 lot subdivision on 7.1 acres, 3 lots are building lots and one lot is a common lot designed to be a driveway maintained by common interests between the 2 rear lot owners. The subdivision is within the City limits of the City of Eagle. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan. With respect to the review of the preliminary plat: Title 9-Land Subdivisions: 9-2-3 (B): Combining Preliminary and Final Plat in a Minor Subdivisions 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, (the following are only a portion of the code) a. Street lights (may be required) b. Sidewalks and pedestrian walkways c. Water supply and sewer systems d. Storm drains e. Fire hydrants f. Greenbelt areas (may be required) 9-4-2-2: Guarantee of improvements a. Performance bond b. Cash deposit 9-5-4-4: Control during development, time limit BASED ON THE FORGOING FINDINGS OF FACTS AND CONCLUSIONS OF LAW the Eagle Planning and Zoning Commission recommend to the Eagle City Council the application be approved subject to the following conditions: To require the developer to place a cul-de-sac at the end of the driveway, and that the driveway be black topped with an asphalt surface; and to adhere to the City Subdivision Standards as follows: CITY OF EAGLE STAHDARD COHDITIONS FOR SUBDIVISION APPROVAL 1. Developer and/or owner shall comply with all requirements of Ada county Highway District including approval of the drainage plan, requirements for installing curb, gutter, sidewalks and paving throughout the subdivision or as specified by the Ada County Highway District. Signature by the Ada County Highway District on the plat is required prior to signing of the final plat by the City Engineer. (I.C. title 50, Chapter 13.) 2. Approval of sewer and water facilities by the Regional Health and Welfare Environmental Services Office is required and 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.) Must be approved by the Eagle Sewer District prior to signing of the final plat by the City Engineer. 3. 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. 4. 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. 5. A letter from the fire department is required stating "the developer and/or owner has made arrangements to comply with all requirements of the Fire Department", prior to signing of the final plat by the City Engineer. Eagle Fire Department shall CHECK OFF AND approve all fire hydrant locations, Minimum flow per hydrant shall be 1000 gallons per minute. Eagle Fire Department shall check off and approve the fire protection system prior to issuance of a building permit. 6. Developer and lor 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. 8. 9. 10. 11. 13. 7 . The subdivider shall be required to install, at subdivider's expense a street light in accordance with Idaho Public Works Association specifications and standards at a location designed by the City Engineer. After installation and acceptance by the City Engineer, any street light in the public right-of-way shall become City property. The subdivider has the option of completing street light installation prior to signing of the final plat by the City Engineer or bonding for 110% of the estimated cost. NOTE: All bonding shall conform to the Eagle City Code, Title 9, Chapter 4, Section 9-4-2.2 Developers and lor owner shall delineate on the face of the final plat an Eagle City street light easement, acceptable to the City Engineer, for the purpose of installing and maintaining city-owned street light fixtures, conduit and wiring lying outside the dedicated public right-of-way, prior to signing of the final plat by the City Engineer. The Developer and/or owner shall provide utility easements as required by the public utility providing service prior to signing of the final plat by the City Engineer. 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 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." No ditch, pipe or structure for irrigation water or irrigation waste water shall be obstructed, routed, covered or changed in any way unless such obstruction rerouting, covering or changing has first been approved in writing the ditch company officer in charge. A copy of such written approval by the ditch company officer shall be filed with the construction drawing and submitted to the City Clerk prior to signing of the final plat by the City Engineer. 14. Approval of all well water for domestic use by the Idaho Department of Water Resources shall be obtained prior to signing of the plat. ADOPTED City of by the Eagle Planning and Zoning Commission of the Eagle, Idaho this ~ day of April,d"'II!lP',~ , 1992. ~,. 0"; i!:" .~1. ..~""j ..I,. L,.'¡.,'~" -- ..""~~," ""'1>' ~.~"." ."" T: \.J c, \' C Á' ::. .<: c' ...' ,.. ~ .. 7 CITY APPROVED: ~~ LdJ~Jtive~ PLANNING AND ZONING COMMISSION 'c . 'co .. > .'