Findings - PZ - 2000 - PP-15-00 - Prelim Plat For Castlebury Subd/78.87 Acre/89 Lot
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR CASTLEBURY
SUBDIVISION FOR CAPITAL DEVELOPMENT
INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-15-00
The above-entitled preliminary plat application came before the Eagle Planning and Zoning
Commission for their recommendation on November 20, 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.
PROJECT SUMMARY:
Capital Development Inc., represented by Jim Howard with JJ Howard
Engineering, is requesting preliminary plat approval for Castlebury Subdivision.
The 78.87-acre, 89-lot (77-buildable) residential subdivision is located north of
Chinden Boulevard approximately I-mile west of Locust Grove Road at 990 E.
Chinden Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 20,
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 November 4, 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 November 3, 2000. Requests for
agencies' reviews were transmitted on September 28, 2000, in accordance with
the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: A-5-00 & RZ-13-00
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential One (I-unit RT (Residential) Agriculture
per acre maximum)
Proposed No Change R-l (Residential) Residential
North of site Residential Estates (1- RT (Residential) Residential
unit per 2-acres
maximum)
South of site Not in City of Eagle RT (Residential) Residential/Agriculture
Area of Impact
East of site Residential One (I-unit R-l (Residential) Residential
per acre maximum)
West of site Residential Estates (1- RT (Residential) Agri cuI ture/Resi den tial
unit per 2-acres
maximum) & Residential
One (I-unit per acre
maximum)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 78.87
Total Number of Lots - 89
Residential - 77
Commercial - 0
Industrial - 0
Common - 12
Total Number of Units -
Single-family - 77
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 1.0-acres
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.98-units per acre I-unit per acre maximum
Minimum Lot Size 37,000-square feet 37,000 square feet
Minimum Lot Width 125-feet (approx.) 100- feet
Minimum Street Frontage 53-feet (approx.) 35-feet
Total Acreage of Common Area 0.25-acres O-acres
Percent of Site as Common Area 0.3% 0%
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide
landscape buffer area between principal arterials/freeways 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 .3% common area within the interior of the subdivision.
0% common area is required for this zoning district.
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.
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On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site.
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
The applicant is proposing to construct all internal roadways as 36-foot street
sections with concrete shoulders and abutting borrow ditches within 50-feet of
right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
There are two cul-de-sacs proposed, 1 at 370-feet in length and I at 320-feet in
length. Each cul-de-sac is planned to be located within a radius of 60-feet of
right-of-way with landscape islands centered in the turnaround.
Curbs, Gutters and Sidewalks:
The applicant has not proposed any sidewalks within the subdivision and only
references a pedestrian easement to be located abutting Chinden Blvd. The Ada
County Highway District has preliminarily required that curb, gutter and sidewalk
be constructed abutting both sides of the internal roadways.
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:
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Pedestrian walkways have not been proposed within the subdivision.
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.
PUBUC 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 - although not specifically listed as an
environmental concern, an existing on-site dairy farm may raise issues with
tainted land and water.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - various species of birds were observed on site
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 letter dated September 29, 2000, are
of special concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Equality
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No. 02
Q.
LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
9.5
P A THW A YS AND GREENBELTS
Pathways are non-motorized multi-use paths that are separate features from
bicycle and pedestrian lanes constructed as a part of a roadway.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b.
To provide a network of central and neighborhood paths where residents
are able to safely access and utilize pathways for alternative forms of
transportation.
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
B.
ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 8-2A-7 (J)(4)(c)
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
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c. Any road designated as a principal arterial on the AP A Functional Street
Classification Map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right
of way) shall be provided with the following plants per one hundred (100)
linear feet of right of way: six (6) shade trees, ten (10) evergreen trees,
four (4) flowering/ornamental 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%) of the shade trees are
substituted.
A minimum ten foot (10') high, maximum twelve foot (12') 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 ten foot (10') minimum height requirement for the berming/fencing
shall be permitted to be decreased one foot for every thirteen feet (13') of
additional buffer area added to the seventy five foot (75') wide buffer
noted above. (Ord. 328, 8-11-1998)
C.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 9-4-1-6 A
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 one hundred feet (100'), sidewalks on only
one side of the street may be allowed.
D.
DISCUSSION:
. The applicant should provide a landscape plan showing berming, fencing, and
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planting details within the required 75-foot wide buffer area along Chinden Blvd.
abutting this site for review and approval by the Design Review Board prior to City
approval of a final plat.
. The southwest corner of this parcel is noted on the preliminary plat as being not a part
of this development. However, it appears that this one-acre piece was not legally split
off from the larger parcel and evidence to the contrary has not been provided.
Therefore, the one-acre piece should be included within the entire 80-acre
(approximate) parcel as part of the subdivision development.
.
Pedestrian walkways have not been proposed within the site, thereby creating
instances where walking to adjoining streets and neighborhoods is not an attractive
alternative to driving. Walkways should be encouraged to alleviate car traffic from
the roads and to enhance the sense of community that connecting walking paths
provide. Staff defers comment regarding the construction of an internal pathway
system to enhance safe and efficient pedestrian and bicycle use.
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
November 20,2000, at which time testimony was taken and the public hearing was closed.
The Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by five individuals concerned with the higher zoning designation, that
landscaping occur between Spyglass Subdivision and that the Zinger Lateral has a right of
way across the property.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission recommended approval (4 to 1) of PP-15-00 for a Preliminary Plat for
Castlebury Subdivision with the following site specific conditions of approval 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 reqærements of the City Eøgineer.
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3. Construct a 5 foot wide (minimum) meandering concrete sidewalk along Chin den Blvd.
abutting the site.
4. Provide a revised preliminary plat that includes the I-acre piece located in the southwest
corner of the 80-acre parcel as a part of the entire subdivision development, or provide
documentation which establishes the one-acre parcel as a valid lot-split as per Ada County
regulations or produce a legal record showing that the lot has been split from the remainder
of the subdivision.
5. Provide a revised preliminary plat that changes the rear lot easement width (as stated in Note
#4) to a minimum of 12-feet wide.
6. Provide a revised preliminary plat that changes Note #5 to read that the public roadways shall
be constructed in accordance with the Ada County Highway District and or the City of Eagle,
whichever may be the more strict.
7. Provide a revised preliminary plat that changes Note #8 to include the Ada County Highway
District's review of all right-of-way drainage.
8. Provide a revised preliminary plat that changes Note #9 to state the development shall
comply with the City of Eagle ordinances.
9. 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".
10. The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 75-foot wide buffer area along Chinden Blvd. abutting this site for review
and approval by the Design Review Board prior to City approval of a final plat.
11. 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.
12. ITD and/or the developer shall improve the center turn lane and acceleration and
deceleration lanes at the intersection of Chinden and Castlebury Streets. No building permits
shall be issued until this center lane is constructed.
13. Extend Crooked Stick Court to stub out to the property to the west.
14. Meander Stansbury, Ashbury, Kingsbury and Westbury Roads.
15. Construct traffic calming landscape islands at all road connections to adjacent subdivisions.
16. Complete transitional landscaping at road connections to Spyglass and Sugarberry
Subdivisions even if it requires a minimal amount of off-site improvements.
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17. Include a variety of lot sizes transitioning to the lot sizes in Creighton Heights Subdivision
and Sugarberrv Woods Subdivision.
18. Provide a mini-neighborhood park approximately one-half acre in size to serve as a
communal gathering area within this development.
19. Construct sidewalks on both sides of all internal streets.
STANDARD 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.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior to the City Engineer signing the final plat (1.c. Title 50, Chapter 13 and
1.c. 39-118).
5.
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
(B.C.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 or shall have their sewer drainage system designed
with a stub at the house front to allow for future connection to a public sewer system.
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.
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9.
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.
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 to the City Engineer
signing the final plat.
12.
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
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13.
14.
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, 1,500 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
(i.e.; 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 the final plat.
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18.
19.
20.
21.
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 of the final plat.
23.
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.
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.
Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change. Any
change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest submits application to the City of Eagle for a change to the planned
use of the subject property.
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28.
29.
30.
31.
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.
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 September 20, 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 November 4, 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 November
3, 2000. Requests for agencies' reviews were transmitted on September 28, 2000 in
accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed
preliminary plat (PP-15-00) and based upon the information provided concludes that the
proposed preliminary plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved
zoning designation ofR-l (Residential); and
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b. Will be harmonious with and in accordance with the general objectives of title
9 of the Eagle City Code since the development is consistent with the
Comprehensive Plan and provide the requires improvements for a subdivision;
and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the
general vicinity and that such use will not change the essential character of the
same area; and
d. Will not create excessive additional requirements at public cost for facilities
and services as the site will be served with septic systems and will use public
water to be served from United Water. Fire protection will be available from
the Eagle Fire District and fire hydrants will be provided were required; and
e. Will have vehicular approaches to the property designed to not create an
interference with traffic on surrounding public thoroughfares since the project
is reviewed and approved the highway district having jurisdiction and is
subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since
the required public improvements have been installed on site, or are expected
to be installed with the development of individual lots as conditions of
approval; and
g. That based upon agency verification and additional written comments of the
Eagle Fire Department and the Ada County Highway District, or as
conditioned herein, there is adequate public financial capability to support the
proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission'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.
Page 15 of 16
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DATED this 18th day of December, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATfEST:
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Page 16 of 16
K:\Planning Dept\Eagle Applications\SUBS\2000\Castlebury pzf.doc.doc