Findings - CC - 2005 - PP-06-05 - 30 Lot/14.6 Acre/ 1835 N Park Ln
OR' j ;AL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICA nON )
FOR A PRELIMINARY PLAT FOR MOFFAT )
SUBDIVISION FOR CHAD MOFFAT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-6-05
The above-entitled preliminary plat application came before the Eagle City Council for their action on
September 13, 2005. The 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:
Chad Moffat, represented by Jason Densmer, P. E. with Roylance & Associates, is
requesting preliminary plat approval for Moffat Subdivision, a 30-lot (24-buildable, 6-
common) residential subdivision. The 14.6-acre site is located on the west side of North
Park Lane approximately one-half mile north of Floating Feather Road at 1835 North Park
Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 24, 2005.
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 April 18, 2005. 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 April 12, 2005. Requests for agencies' reviews were transmitted on March 25,
2005, 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 August 29, 2005. 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 August 24,
2005.
D. HISTORY OF PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: A-03-05 & RZ-05-05 [Annexation and Rezone from RUT-
(Ada County designation) to R-2 (Residential - up to two units per acre)].
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT (Residential- Ada Vacant
County designation)
Proposed No Change R-2 (Residential) Residential Subdivision
North of site Residential Two RUT (Residential- Ada ResidencelPasture
County designation)
South of site Residential Two RUT (Residential - Ada ResidencelPasture
County designation) and R-E Loch Lomond Subdivision
(Residential Estates)
East of site Residential Two RUT (Residential - Ada Pasture
County designation)
West of site Residential Two RUT (Residential - Ada Pasture
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site - 14.6-acres
Total Number of Lots - 30
Residential - 24
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units - 24
Single-family - 24
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 1.64-units per acres 2-units per acre (maximum)
Minimum Lot Size 17,OOO-square feet (0.39-acres) 17,000-square feet (0.39-acres)
(minimum)
Minimum Lot Width 75-feet 75-feet (minimum)
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 1.46-acres 1.46-acres (minimum)
Percent of Site as Common Area 1.09-acres (7.1 %) 10%
*0.43-acres (2.6%) - planter
islands & landscape buffer
*0.66-acres (4.5%) - common
area to include an irrigation
and amenity pond
1. 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 or rural collectors and new residential developments.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of
2 designates a pathway to be constructed within the Chevron Pipeline easement
intersecting this site.
Open Space:
Will provide a total of7.1 % of common area (10% minimum is required).
1.09-acres (7.1 %)
0.43-acres (2.6%) - planter islands & landscape buffer
0.66-acres (4.5%) - common area to include an irrigation and amenity pond
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage
plans. 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.
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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:
The applicant has proposed one public roadway into the subdivision from North Park
Lane. The street is to be constructed with five foot (5') wide landscape strips and four
foot (4') wide separated sidewalks on both sides of the roadway. At approximately two
hundred-fifty five feet (255') and one thousand-three hundred and forty feet (1,340') west
of North Park Lane the applicant is proposing stub streets to the parcels located to the
north of the subject site.
Rolled curb and gutter are proposed to be constructed along all internal roadways with
vertical curb and gutter adjacent to the landscape islands located within the internal
roadways.
North Park Lane abutting the eastern boundary of this site in not improved with any curb,
gutter, or sidewalk. Eagle City Code as well as ACHD Policy Standards require vertical
curb and gutter to be constructed on collector and arterial roadways upon the development
of adjacent parcels.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': Three (3)
Cul-de-sac Design:
The roadway serving the subdivision consists of one cul-de-sac proposed to be constructed
at 250-feet (approximately) in length and end within a 50-foot radius turn-around.
Sidewalks:
A five foot (5') wide concrete sidewalk is proposed along Park Lane abutting this site.
Four foot (4') wide concrete sidewalks are proposed within the subdivision.
Curbs and Gutters:
Curbs and gutters, which rneet Ada County Highway District standards, are proposed for
the interior streets.
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.
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Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Four-foot (4') wide concrete sidewalks are proposed along both sides of the internal
streets, separated from the back of curb by a five-foot (5') wide landscape strip. A Five-
foot (5') wide meandering concrete sidewalk is proposed along North Park Lane abutting
the eastern boundary of the site.
L. PUBLIC USES PROPOSED:
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 the staff
report and is incorporated herein by reference. Comments, which appear to be of special
concern, are noted below:
City Engineer: All comments within the engineer's letter dated April 28, 2005, are of special
concern (see attached).
Ada County Highway District
Central District Health
Chevron Texaco
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
Meridian Joint School District No.2
Ringert Clark (Drainage District No.2)
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Q. LETTERS FROM THE PUBLIC: Numerous letters and petitions have been submitted to the City,
as noted under "Public Hearing of the Council" in Section "D below.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential Two, suitable
primarily for single-family residential development within areas that are rural in character.
Residential density of up to two dwelling unit per acre may be considered by the City for this
area.
Chapter 4 Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's growing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community.
4.3 Goal
c. Maintain a sense of personal safety and security for all residents.
d. Strive to prevent and extinguish fires and aid in other emergencies dealing
with the protection of life or property.
4.4 Objectives
d. To encourage a high standard of fire protection and emergency services
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle TransportationlPathway Network Maps # 1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
8.3.1 Paths
Location:
Paths could be located on corridors separated from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.6 Implementation Strategies
r. Encourage planning of local roadway systems which will provide for intra-
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neighborhood connectivity. The connection roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum). Such designs should include the following:
1. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be
needed if portions of the sidewalk and/or pathway are to be located
outside of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only
at driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where determined to be
necessary for safety by ACHD. Any portion of a center turn lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
of the roadway.
5. A minimum building setback ordinance resulting in a setback of
approximately 125-feet from the roadway centerline should be considered
to be adopted by the City.
. SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
Chapter 5
5.3
Transportation
Implementation Strategies
i. New developments shall be required to stub access to adjacent underdeveloped
parcels, where appropriate.
j. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-2A-7(J)(4)(a)
Any road designated as an urban or rural collector on the Ada County long range
highway and street map:
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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 of right 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%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, 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 decorative block wall, 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
shall be provided for the placement of the decorative wall. Chainlink, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
. Eagle City Code Section 9-3-2-1 (C) STUB STREETS:
Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions
shall be such that said streets extend to the boundary line of the tract to make provisions
for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac. A reserve street may be required and held in public ownership.
. Eagle City Code Section 9-4-1-6(F)(l)
Sidewalks, a minimum five feet (5') wide, 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.
. Eagle City Code Section 9-4-1-9(A)
Construction; Extension: All public water supply or sewer systems (serving 2 or more
separate premises or households) shall be constructed in accordance with any adopted
local plans and specifications. All new public water supply or sewer systems shall be an
extension of an existing public system whenever possible. In the event that the proposed
public water supply or sewer system is not an extension of an existing public system, there
shall be a showing by the subdivider that the extension is not feasible and not in the best
interest of the public.
. Eagle City Code Section 9-4-1-12
LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors,
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DISCUSSION:
. The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
shows a pathway traveling within the Chevron Pipeline easement that intersects this parcel.
Loch Lomond Subdivision, which the Chevron Pipeline intersects, abuts the southern property
line of this development (the western 246-1inear feet of Moffat Subdivision). A 6-foot wide
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asphalt pathway was constructed within Loch Lomond Subdivision, along the north side of the
private roadway leading to the western property line of Loch Lomond Subdivision. Thus the
pathway does not follow the Chevron Pipeline easement which intersects Moffat Subdivision
near the southern most southeast corner of this development. The applicant should be required
to provide a revised plan showing a lO-foot wide (minimum) asphalt pathway to be located
between Lots 11 and 12, Block 3 and Lots 13, and 14, Block 3, within a 20-foot wide
easement so as to provide a pedestrian connection from this development to any future
development to the east and west. The revised plan should be reviewed and approved by the
Parks and Pathway Development Committee prior to the City Clerk signing the final plat. A
revised plat indicating a 20-foot wide easement between Lots 11 and 12, Block 3 and Lots 13,
and 14, Block 3, should be reviewed and approved by staff prior to the City Clerk signing the
final plat.
. The preliminary plat date stamped by the City on April 26, 2005, shows a 4-foot wide
sidewalk to be constructed along the interior roadways of this development. Per Eagle City
Code, 5-foot wide (minimum) sidewalks are required to be constructed on both sides of the
street. The applicant should be required to provide a revised plan showing 5-foot wide
(minimum) sidewalks are to be constructed within the interior roadways of this development.
The revised plan should be reviewed and approved by staff prior to the City Clerk signing the
final plat.
. There is a five acre parcel, with a single family dwelling located adjacent to Park Lane, located
to the south of this site and north of Loch Lomond Subdivision. The applicant is not showing
any stub streets to the undeveloped parcel to the south and Loch Lomond Subdivision was
approved with no stub streets to the five acre parcel. Per Eagle City Code, where adjoining
areas are not subdivided, the arrangement of streets in new subdivision should be such that
said streets extend to the boundary line of the tract to make provisions for the future extension
of said streets into adjacent areas. The applicant should be required to provide a revised plan
showing a stub street to the parcel to the south. The revised plan should be reviewed and
approved by staff and the ACHD prior to the City Clerk signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, 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 July 5,
2005, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Bandy absent) to recommend approval of PP-6-05 for a preliminary
plat for Moffat Subdivision with the site specific conditions of approval and standard conditions of
approval shown within their Findings of Fact and Conclusions of Law document dated July 18,
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2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 13,2005, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by ten (10) individuals
who expressed concerns about the compatibility of this development with the surrounding area and
lifestyles; the lack of buffer or transition to other developments; the impact this development will have
on the public roads and schools; and the effects of development upon the sewer and water systems. *
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not
including the applicant/representative) who felt this development would compliment the surrounding
area by providing a quality development with smaller lots. *
D. Written testimony in opposition to this proposal was presented to the City Council by fifty-one (51)
individuals and sixteen (16) petitions from subdivisions in the area regarding the decrease in the
quality life and property values in the area due to increased density proposed with the design of this
subdivision and the impact that a high density subdivision would have on the public roads, schools,
and the "country" feel of this area.
*Note: 25 individuals signed the public hearing sign-up sheet (21 opposed, 4 in favor); only 11 chose to
provide oral testimony.
COUNCIL DECISION:
The Council voted 4 to 0 to deny PP-6-05 for a preliminary plat for Moffat Subdivision for Chad
Moffat.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 24, 2005.
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 April 18, 2005. 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 April 12, 2005. Requests for agencies' reviews were
transmitted on March 25, 2005, 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 August 29,
2005. 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 August 24, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-6-05)
and based upon the information provided concludes that the proposed preliminary plat application is
NOT in accordance with the City of Eagle Title 9 (Subdivisions) because:
The subdivision as designed is not compatible with the surrounding area because there is no transition
from the smaller lots within this development to the larger lots within adjacent developments. While
Eagle City Code encourages developers to create developments that are distinctive and unique, it also
requires that the development be designed to be harmonious with existing developments with regard to
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lot size, amenities, open space, etc. While the Western Area Plan (adopted September 14, 2004)
designates this area as "Residential Two", the Council concluded that it is intended as a guide and that
densities under two units per acre may be considered for the site provided, however, that consideration
is given, in part, to the compatibility of the proposed development on surrounding properties.
DATED this 27th day of September 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
~~~
Nancy C. Merrill, Mayor
ATTEST:
_~~D-i~O }( ~~
Sharon . Bergmann, Eagle City Cler
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