Findings - CC - 1999 - PP-6-98 - The Colony Subd/27 Acre/40 Buildable Lots/
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR THE COLONY
SUBDIVISION FOR CRAIG AND KRISTEN
VAN ENGELEN
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-6-98
The above-entitled preliminary plat application came before the Eagle City Council for their
action on February 9, 1999. On March 9, 1999 the City Council reconsidered their previous
decision and took final action at that time. The Eagle City Council, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of
Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Craig and Kristen Van Engelen are requesting preliminary plat approval for The
Colony Subdivision, a 27-acre, a 43-10t (40-buildable) residential subdivision
located on the north side of State Highway 44 approximately I-mile east of Linder
Road.
Note: After the City Council public hearing for this item, but before the request
for reconsideration, the applicant decreased the number of lots on the plat to 28
(26-buildable) based upon Council comments during their deliberations.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 28,
1998.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on November 18, 1998. Notice of
this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 20, 1998. Requests
for agencies' reviews were transmitted on November 2, 1998 in accordance with
the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City ordinances on January 6, 1999. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
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and Eagle City Code on January 14, 1999.
D.
HISTORY OF PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: Annexation (A-1-98) and Rezone (RZ-9-98) from RT
to R-2
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Low Density Residential RT (Residential) Agricultural
(2-units per acre
maximum)
Proposed No Change R-2 (Residential) Residential Subdivision
Note: After the City Council
public hearing for the rezone
for this site, but before the
request for reconsideration,
the applicant changed the
rezone request from an R-2
zone (with development
agreement) to an R-l zone.
North of site Low Density Residential RT (Residential) Agricultural
(2-units per acre
maximum)
South of site Low Density Residential R-l (Residential) & C-2 Resi dences/ Commercial
(2-units per acre (Commercial) Use/State Highway 44
maximum)
East of site Low Density Residential R-1 (Residential) (65 Residences
(2-units per acre homes on 80 acres -
maximum) density of 0.8 units per
acre)
West of site Very Low Density (1- RT (Residential) Residences &
unit per 2-acres agricultural
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 27
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Total Number of Lots - 43 (changed to 28-10ts)
Residential- 40 (changed to 26-lots)
Commercial - 0
Industrial - 0
Common - 3 (changed to 2-lots)
Total Number of Units - 40 (changed to 26)
Single- family - 40 (changed to 26)
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - None
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1A8-units per acre 2-units per acre maximum
(changed to .96-units per (changed to I-units per acre
acre) maximum)
Minimum Lot Size 17,SOO sq. ft. (changed to 17,000 sq. ft. (changed to
37,009 sq. ft.) 37,000 sq. ft.)
Minimum Lot Width 35- feet (changed to 120- 7S-feet (changed to 100-feet)
feet)
Minimum Street Frontage 3S-feet (changed to 60-feet) 3S-feet
Total Acreage of Common Area 2.7 -acres (changed to 2.7-acres (changed to a-acres)
0.092-acres)
Percent of Site as Common Area 10% (changed to 0.33%) 10% (changed to 0%)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code requires a 7S-foot wide minimum buffer area (with landscaping
and berming) along state street (see Eagle City Code). The applicant is proposing
a park in this location.
Open Space:
Will provide a total of 10% of common area. (10% required)
Note: changed to 0.33% common area. (0% required)
Storm Drainage and Flood Control:
Street drainage plans have been submitted by the applicant as required by the
Subdivision Ordinance. Specific drainage system plans are to be submitted to the
City Engineer for review and approval prior to the City Engineer signing the final
plat. The plans are to show how swales, or drain piping, will be developed in the
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drainage easements. Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no
runoff shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12
feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire
District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be
required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be
required to be preserved. If during excavation or development of the site, any
historical artifacts are discovered, state law requires immediate notification to the
state.
J.
STREET DESIGN:
Private or Public Streets: public (except for any private street/driveways to flag lots)
Note: the change does not include any flag lots or private streets.
Blocks Less Than 500': None
Cul-de-sac Design: None proposed
Sidewalks:
5-foot wide sidewalks are proposed within this development, however, the plat
does not show the location of the sidewalks. Sidewalks are required on both sides
of the streets.
Note: The changed plat includes 30-foot wide streets with a 6-foot wide striped
path proposed along one side of the street. Separated sidewalks are not proposed,
however, the applicant proposes to have tree lined streets to be required within the
subdivision's CC&R's (e.g. Redwood Creek).
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are
proposed for the interior streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting
specifications shall be provided to the City Zoning Administrator prior to the City
Engineer signing the final plat.
Street Names:
Street names approved by the Ada County Street Name Committee are shown on
the attached correspondence from that committee.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.) Also a 10-foot wide
pathway is proposed (as lot 10 block 3) to provide a future walkway to the High School.
Note: the pathway is changed to 12-feet wide (as lot 5, block 3).
L.
PUBLIC USES PROPOSED:
A 2-acre park is proposed to be constructed on the southerly portion of this
development. The park is intended to be useable open space for the public, but it
will also serve as the required buffer area between State Highway 44 and the
residences planned to the north.
Note: the changed plat does not include the above noted 2-acre park.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to
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the annexation and rezone staff report (A-1-98/RZ-9-98).
appear to be of special concern are noted below:
Comments which
City Engineer: All comments within the engineer's letter dated November 23, 1998 are of
special concern (see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
(November 25, 1998, letter states that access to Highway 44 is prohibited)
Q.
LETTERS FROM THE PUBLIC:
The following have responded and their correspondence is attached to the
annexation and rezone staff report (A-1-98/RZ-9-98).
Letter from Ed and Stacy Salvi, dated October 30, 1998 and RJ. and Essie L.
Marshall dated November 21, 1998.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT (Based on 43-lot plat):
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
SPECIAL AREAS OR SITES
POLICIES AND GOALS (#4)
4. To preserve existing trees and natural growth wherever practicable and
establish appropriate landscaping as a part of new developments.
Staff Comment - The proposed stub street to the property to the west should be
located to assure preservation of the grove of trees on the abutting property to the
west.
.
HOUSING
The dominant characteristics of the City and the Impact Area are those related to
rural transitional and residential use. The balance between those two
characteristics is an important goal.
POLICIES AND GOALS (#'s 1,2 and 3)
1. A wide diversity of housing types and choice between ownership and rental
dwelling units shall be encouraged for all income groups in a variety of locations
suitable for residential development.
2. The location of all housing shall be coordinated with provisions for adequate
public facilities and services.
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3. Development of housing for all income groups close to employment and shopping
centers shall be encouraged.
IMPLEMENTATION
4. The City's "Land Use Designation Map" shall reflect opportunity for a diversity of
housing types and residential densities in a variety of locations suitable for
residential development.
Staff Comment - The applicant states that the verity of lot sizes proposed and the
lots being smaller than those in the abutting Redwood Creek will provide a
diversity of housing as called out for within this section of the Comprehensive
Plan.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Section 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS states in part that the minimum lot width in an R-2 zone shall be
75-feet.
C.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
D.
DISCUSSION:
. The main entrance for this site is proposed to take direct access from State Highway
44. This access, however, has not been approved by ITD (as is stated within their
response letter)(attached). The letter states that no access to State Highway 44 will be
permitted and any access to this site will have to be taken from a local roadway.
If access is not approved the site should be redesigned to provide a cul-de-sac at the
south end of the project and a stub street should be provided to connect to Flint Drive
in the future. If the State Highway 44 access is approved by ITD the stub street to
Flint Drive should not be required since a connection would be more preferable from
the north (through the Flint Drive Subdivision if redevelopment occurs). This would
provide a roadway intersecting State Highway 44 across from the entry into the Eagle
Island State Park, which will more than likely be signalized in the future.
.
The flag lots proposed within this development do not meet the mInImUm
requirements for lot widths within an R-2 zone. Further, as stated in the response
letter from Holladay Engineering, flag lots hamper access for emergency services and
should be avoided. Staff recommends that the flag lots be reconfigured to allow for
private street/driveway access on the flag portions.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT (Based on
43-lot plat):
Based upon the information provided to staff to date, and if the City approves a rezone
allowing the density (and lot configuration) proposed with this development (less than 1.5
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dwelling units per acre - 40 units) staff recommends approval of the proposed subdivision
with the site specific conditions of approval and the standard conditions of approval
provided below.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 7, 1998. Testimony was taken, the public hearing was closed, and the
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented by seven (7) individuals who
voiced concerns related to the future decreasing of property values, hindrance of rural
lifestyle, and decrease in quality of life caused by the incompatibly of lot sizes between the
proposed zoning district (R-2) and the zoning district to the east (R-1) and the zoning district
to the west (R T). Other concerns were related increased traffic and traffic speed, decrease of
traffic safety, and decrease of air quality.
C. Oral testimony in favor of this proposal was presented by two (2) individuals. One
individual felt that lot size alone does not dictate the value of development. He felt that the
amenities provided within a development must be considered when determining lot values
and that the neighboring property owners should not be concerned with the decrease of
property values just because the proposed lots are somewhat less in size than theirs. A
second individual is in approval of the R-2 density. He would request the stub road be
moved approximately 135- feet to preserve the trees on the adjoining property.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of the subdivision with the site
specific and standard conditions of approval shown within their Findings of Fact and
Conclusions of Law document dated January 4, 1999.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 9, 1999, at
which time testimony was taken and the public hearing was closed. On March 9, 1999, the
City council reconsidered their previous decision and took final action at that time.
B. Oral testimony in opposition to this proposal was presented by thirteen (13) individuals who
voiced concerns related to the negative impacts of increasing density, the future decreasing of
property values, hindrance of rural lifestyle, and decrease in quality of life caused by the
incompatibly oflot sizes between the proposed zoning district (R-2) and the zoning district to
the east (R-1) and the zoning district to the west (R T). Other concerns were related increased
traffic and traffic speed and decrease of traffic safety.
C. Oral testimony in favor of this proposal was presented by four (4) individuals (not including
the applicants and their representatives) who generally felt that the proposed density was
appropriate for the area and in accordance with the Comprehensive Plan.
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COUNCIL FINAL DECISION:
The Council voted (4 to 0) to approve the subdivision with the following site specific and
standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions noted within the City Engineer's letter, dated November 23,
1998.
2. The proposed stub street to the property to the west shall be located to assure preservation of
the grove of trees on the abutting property to the west.
3. Provide a 10- foot wide easement for a 6- foot wide minimum concrete pedestrian pathway
between Lots 4 and 6 of Block 3.
4. Provide a landscape plan for all common area for Design Review Board approval prior to
City approval of a final plat.
5. Comply with all the requirements of the Ballantyne Irrigation District. Provide an approval
letter from the District prior to the City Engineer signing the final plat.
6. Comply with all the requirements of Drain District #2. Provide an approval letter from the
District prior to the City Engineer signing the final plat.
7. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This street is to be extended in the future".
8. Provide a note on the plat showing the required residential dwelling setback "buffer area"
along the entire length of the subdivision's south boundary line along State Highway 44.
9. West Timber Way shall be connected to the existing West Timber Court (in Redwood Creek)
to the west as proposed on the plat presented to the City Council on March 9, 1999.
ST ANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be
placed on the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by
the City Engineer. Required improvements shall include, but not be limited to, extending
all utilities to the platted property. The developer may submit a letter in lieu of plans
explaining why plans may not be necessary.
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4.
S.
Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior to the City Engineer signing the final plat (I.C. Title SO, Chapter 13 and
I.c. 39-118).
Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources prior to the City Engineer signing the
final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will
be required to furnish the City Engineer with a letter from the sewer entity serving the
property, accepting the project for service, prior to the City Engineer signing the final plat
(Rc.C. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems
placed on the street side of the home.
8.
Per Idaho Code, Section 31-380S, concerning irrigation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the irrigation
entity will be transferred from said lands by the owner thereof; or the subdivider shall
provide for underground tile 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.
See Eagle City Code Section 9-4-1-9( C) which provides overriding and additional
specific criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional
engineer and shall be approved by the City Engineer prior to the City Engineer signing
the final plat.
9.
The applicant 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 the City
Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted
with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans shall show how swales, or
drain piping, will be developed in the drainage easements. The approved drainage system
shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to
the City Engineer signing the final plat. The CC&R's shall contain clauses to be
reviewed and approved by the City Engineer and City Attorney, prior to the City
Engineer signing the final plat, requiring that lots be so graded that all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
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12.
13.
14.
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 shall 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 the City Engineer
signing the final plat.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer prior to the City Engineer signing the final plat. All construction
shall comply with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the
City Engineer, for the purpose of installing and maintaining street light fixtures, conduit
and wiring lying outside any dedicated public right-of-way, prior to the City Engineer
signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
The applicant shall provide utility easements as required by the public utility providing
service, and as may be required by the Eagle City Code, prior to the City Engineer
signing the final plat.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to
the City Engineer signing the final plat The letter shall include the following comments
and minimum requirements, and any other items of concern as may be determined by the
Eagle Fire Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing
by the Eagle Fire Department prior to the City Engineer signing the final plat..
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,SOO gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,SOO gallons per minute for non-residential uses
(ie; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
b.
c.
d.
IS.
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
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16.
18.
20.
21.
22.
23.
24.
maintenance of all common areas, storage facilities, recreational facilities, street lights or
open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City
Engineer signing the final plat.
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 the City Engineer signing the final plat.
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 the City Engineer signing the
final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval
for all required landscaping, common area and subdivision signage prior to the City
Engineer signing the final plat.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building
setback lines shall be in accordance with the applicable zoning and subdivision
regulations at the time of issuance of the building permit or as specifically approved
and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to the City Engineer
signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to
approval of the final plat by the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands
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28.
29.
30.
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to the
City Engineer signing the final plat.
25.
Basements in homes in the flood plain are prohibited.
26.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations
shall be complied with. All design and construction shall be in accordance with all
applicable City of Eagle Codes unless specifically approved by the Commission and/or
Council.
27.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
obtain written confirmation of any change from the City of Eagle.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required
by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the
approval of the City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved
improvements before the City Engineer signs the final plat. The applicant shall provide a
financial guarantee of performance in the amount of 150% of the total estimated cost for
completing any required improvements (see resolution 98-3) prior to the City Engineer
signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of
Deposit, cash deposit or certified check.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the
subdivision within one year following City Council approval shall cause this approval to
be null and void, unless a time extension is granted by the City Council.
Prior to submitting the final plat for recording, the following must provide endorsements
or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer,
Central District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 28, 1998.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on November 18, 1998. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November
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----.- --~-----._-- - - --- --- ------ -----
20, 1998. Requests for agencies' reviews were transmitted on November 2, 1998 in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 6, 1999. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 14, 1999.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Eagle City Council makes the
following conclusions for the preliminary plat application PP-6-98 The Colony Subdivision,
as proposed with the conditions recommended herein:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle
City Code Title 9, as shown within the findings provided within this document and
the proposed residential use is in accordance with the residential land use designation
of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as
highways, streets, police and fire protection, schools, drainage structures, refuse
disposal, water and sewer; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such
services, as noted in the documentation provided from said agencies and as required
as a part ofthe conditions of approval;
c. That there are no known capital improvement programs for which this development
would prevent continuity;
d. That based upon the testimony and written comments of the Eagle Sewer District,
Eagle Fire District, and the Ada County Highway District, there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of final plat approval as set forth within the conditions of
approval above.
DATED this 16th day of March, 1999.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C ty, Idaho
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H:\P&Z\Eagle Applications\SUBS\1998\The Colony ccfdoc
Rick
ATTEST: