Findings - PZ - 2000 - PP-2-00 - Preliminary Plat Wedgewood Sub/55.2 Lot/41-Lot
OR\G\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR WEDGEWOOD
RESIDENTIAL SUBDIVISION FOR CREIGHTON-
WESTBEND LC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-2-00
The above-entitled preliminary plat application came before the Eagle Planing and Zoning Commission
for their recommendation on April 3, 2000. The Eagle Planning and Zoning Commission, 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.
B.
PROJECT SUMMARY:
Creighton- W estbend LC, represented by Steve Benad, is requesting preliminary plat
approval for Wedgewood Subdivision, a 55.2-acre, 41-lot residential subdivision located
on the west side of Locust Grove Road approximately Y4-miIe north of Chinden
Boulevard at 7165 N. Locust Grove Road.
APPLICATION SUBMITTAL:
The applications for this item was received by the City of Eagle on March 2,2000.
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 March 17, 2000. 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 March 17, 2000. Requests for agencies' reviews were
transmitted on March 3, 2000, in accordance with the requirements of the Eagle City
Code.
D.
HISTORY OF PREVIOUS ACTIONS:
On October 28, 1999, the applicant submitted an annexationlrezone application and
preliminary plat application for this site called "Undecided Subdivision". On January
14,2000, the applicant withdrew the applications.
E.
COMPANION APPLICATIONS: A-I-00 & RZ-I-00
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (I-unit per RT (Residential) Agriculture
acre maximum)
Proposed No Change R-l (Residential) Residences
North of site Residential Two (2-units RT (Residential) Residence/ undeveloped
per acre maximum)
South of site Residential One (I-unit per R-1 (Residential) Residences
acre maximum)
East of site Residential One (I-unit per R-I-P (Residential) Residences
acre maximum)
West of site Residential One (I-unit per RT (Residential) Agri cui ture/Resi dences
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 55.2
Total Number of Lots - 41
Residential - 41
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units-
Sing1e- family - 41
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.74-units per acre I-unit per acre maximum
Minimum Lot Size 43,560 square feet (I-acre) 37,000 square feet
Minimum Lot Width 1 15-feet (approx.) 100-feet
Minimum Street Frontage 80-feet (approx.) 35-feet
Total Acreage of Common Area O-acres O-acres
Percent of Site as Common Area 0% 0%
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A- 7 (J)(4)(a) requires a minimum 35-foot wide landscape buffer
area between urban collectors and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
Open Space:
Will provide a total of 0% common area within the interior of the subdivision.
Storm Drainage and Flood Control:
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 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) - yes
Preservation of Existing Natural Features:
A hillside is located near the northern portion of the site. The hillside area is proposed to
be incorporated into Lot 3, Block 6, and will not be developed as stated by the applicant.
Eagle City Code Section 9-1-6 states that any subdivision, or portion thereof, having an
average slope often percent (10%) or more is considered a "Hillside Subdivision" and is
subject to the hillside requirements within Eagle City Code Section 9-5-3.
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J.
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.
STREET DESIGN:
Private or Public Streets: public
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: None
Curbs, Gutters and Sidewalks:
The applicant is proposing (as required by ACHD) to construct all internal roadways as
36-foot street sections with curbs, gutters, and 5-foot wide concrete sidewalks within 50-
feet of right-of-way.
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 name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF -SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under curbs, gutters, and sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
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 - yes
Riparian Vegetation - no
Steep Slopes - yes
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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): A
complete environmental plan is not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated November 24, 1999, December
21,1999, and January 4,2000, are of special concern (see attached).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2A- 7 (J)(4)(a)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part
of the buffer area required below. The height for berming/fencing, as noted below, shall
be measured from the elevation of the final grade of the adjacent roadway (measured at
the center line) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the AP A Functional Street
Classification Map:
A minimum of thirty five feet (35') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet ofright
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of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs.
Each required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) ofthe shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl
fence, decorative block wall, or cultured stone, decorative rock, or similarly
designed concrete wall, or combination thereof shall be provided within the buffer
area. The maximum slope for any berm shall be three feet (3') horizontal distance to
one foot (1') vertical distance. If a panelized vinyl fence, decorative block wall, or
cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area at the top of the berm
shall be provided for the placement of the fence or decorative block wall. Panelized
vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
The five foot (5') minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot (1 ') for every thirteen feet (13') of additional
buffer area added to the thirty five foot (35') wide buffer noted above.
c.
SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL: (None)
DISCUSSION:
WHICH
OF
SPECIAL
CONCERN
D.
.
The applicant should provide a revised preliminary plat showing the required 35-foot wide
buffer along Locust Grove Road either as a common lot or as an easement along the eastern
portion of Lot 1, Block 1, Lots 1-4, Block 5, and Lots 1 & 2, Block 6.
.
The applicant should provide a landscape plan showing berming, fencing, and planting details within
the required 35-foot wide buffer area along Locust Grove Road abutting this site for review and
approval by the Design Review Board prior to City approval of a final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
3, 2000. 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 no one.
C. Oral testimony in favor of the application was presented by no one (not including the
applicant/representative).
D. Oral testimony neither in favor nor in opposition to the application was presented to the Planning and
Zoning Commission by two (2) individuals who made inquiries regarding the developers intent
utilize the shares of water rights allotted to this property; that the natural drainage of the property be
left in tact; that the developer should consult with the Drainage District to make sure that the drain
water from the developed site can be handled; and that there may environmental issues such as
wetlands associated with this property.
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COMMISSION DECISION:
The Commission voted 4 to 0 (Trent absent) to recommend approval of the subdivision with the
following staff recommended site specific and standard conditions of approval with text shown
with strike-thru to be deleted by the Commission and text shown with underline to be added by
the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the City Engineer.
2. Construct a 5-foot wide concrete sidewalk along Locust Grove Road abutting the site.
3. 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".
4. The applicant shall provide a landscape plan showing beTIDing, fencing, and planting details within
the required 35-foot wide buffer area along Locust Grove Road abutting this site for review and
approval by the Design Review Board prior to City approval of a final plat.
5. Provide a revised preliminary plat showing the required 35-foot wide buffer along Locust Grove
Road either as a common lot or as an easement along the eastern portion of Lot 1, Block 1, Lots 1-4,
Block 5, and Lots 1 & 2, Block 6.
6. Either change the "Maximum Lot Coverage" note on the face of the plat to 35% or remove the note
entirely. If the applicant wants to restrict lot coverage beyond 35%, then staff recommends placing a
note in the CCR's so that the condition would be enforced by the homeowners association or
architectural control committee for the subdivision and could be changed without amending the plat.
7. Provide a letter from Zinger Lateral Ditch Company approving the irrigation and drainage design for
this subdivision prior to the City Clerk signing the final plat.
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
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4.
5.
6.
7.
may not be necessary.
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 50, 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.
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.
All homes being constructed with individual septic systems shall have the septic systems placed
on the street side of the home or shall have their sewer drainage svstem designed with a stub at
the house front to allow for future connection to a public sewer svstem.
8.
Per Idaho Code, Section 31-3805, 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 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
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12.
13.
14.
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 ofthe 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, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 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.
15.
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 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.
16.
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
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18.
19.
20.
21.
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.
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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration ofthe final plat.
23.
The applicant shall obtain written approval ofthe development relative to the effects ofthe Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands 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 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.
28.
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.
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29.
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.
30.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless
for any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 2,2000.
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 March 17, 2000. 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 March 17, 2000. Requests for agencies' reviews
were transmitted on March 3, 2000, in accordance with the requirements of the Eagle City Code.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Planning and Zoning Commission makes the
following conclusions for the preliminary plat application PP-2-00 Wedgewood 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 of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District and the Ada County Highway District, or as conditioned herein, 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.
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DATED this 17th day of April, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
John Franden,
S/z/ao
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