Findings - PZ - 2005 - PP/FP-4-05 - Dsperanza Estates Subd(Re-Sub Of Lot 2, Blk 1, Tabasco Subd)/5 Acre/2-Lot/3664 Tabasc
nRIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A COMBINED PRELIMINARY AND )
FINAL PLAT FOR ESPERANZA EST A TES )
SUBDIVISION FOR DUSTIN SIMPSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPIFP-4-0S
The above-entitled combined preliminary and final plat application came before the Eagle Planning and
Zoning Commission for their recommendation on September 19, 2005. 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:
Dustin Simpson, represented by Angela Cornish and Doug Bergey with Associated Land
Surveyors, is requesting combined preliminary and final plat approval for Esperanza Estates
Subdivision (a re-subdivision of Lot 2, Block 1, Tabasco Subdivision). The 5-acre, 2-lot
subdivision is located on Tabasco Trail approximately 800-feet east of Park Lane at 3664
Tabasco Trail.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August II, 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 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. Requests for agencies' reviews were transmitted on August 18, 2005, in accordance
with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 13,2000, the Eagle City Council approved a final plat application (00-04-S/99-
14-PR) located within the Eagle Area ofImpact for Tabasco Subdivision.
E. COMPANION APPLICATIONS: A-ll-05 & RZ-15-05 (Annexation and rezone)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Two RUT (Residential- Ada County Residence
designation)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Two RUT (Residential- Ada County Pasture
designation)
South of site Residential Two RUT (Residential- Ada County Residence
designation)
East of site Residential Two R-E (Residential) Residence
West of site Residential Two RUT and Rl (Residential- Ada Residence
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 5-acres
Total Number of Lots - 2
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 2
Total Acreage of Any Out-Parcels - 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre I-unit per 2 h-acres I-unit per 2-acres (maximum)
Minimum Lot Size 2.5-acres (108,900-square feet) 1.8-acres (78,365-square feet)
Minimum Lot Width 100-feet (approx.) 100-feet (minimum)
Minimum Street Frontage 0- feet 3S-feet (minimum)
Total Acreage of Common Area 0% 0% (not required within an
(measured as total landscaping of R-E zoning district)
the entire site)
Percent of Site as Common Area 0% 0% (not required within an
(measured as total landscaping of R-E zoning district)
the entire site)
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I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening: N/A
Open Space:
Because this subdivision is located within the R-E zoning district, a minimum amount of
open space is not required, and none is proposed.
Storm Drainage and Flood Control:
Specific drainage system plans, submitted to the City Engineer for review and approval
are required 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:
Fire hydrants are not being required by Eagle Fire Department.
On-site Septic System (yes or no) - Yes
The new lot is proposed to be serviced by a septic system.
Preservation of Existing Natural Features: Mature trees are located around the existing residence.
The trees are to be protected and retained.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. 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: Private
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is proposed with this application. The applicant is proposing to serve the site with
a private street.
Applicant's Justification for Private Streets (if proposed):
See the applicant's justification letter date stamped by the City on August 11, 2005,
attached to the staff report and incorporated herein by reference.
Blocks Less Than 500': None
Cul-de-sac Design:
The existing driveway which terminates with a cul-de-sac is approximately 1,268 linear
feet long.
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Sidewalks: None existing. None proposed.
Curbs and Gutters: None existing. None proposed.
Lighting: Three street lights exist on Tabasco Lane, additional street lights may be required.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: None proposed.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes - around the existing residence
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
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 August 23, 2005, are of
special concern (attached to the staff report and is incorporated herein by reference).
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
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Eagle Sewer District
Idaho Power Company
Meridian Joint School District No.2
Q. LETTERS FROM THE PUBLIC: None received to date.
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 Estates"; suitable
primarily for single family residential development on acreages may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
. Chapter 6 - Land Use
6.5 Goal
To preserve the rural transitional identity.
6.7 Implementation Strategies
c. Encourage roadway design standards that are consistent with the Idaho Transportation
Department (ITD), Ada County Highway District (ACHD), Ada Planning Association
(APA), and other agencies that may be responsible for roadway planning and design.
J. Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development. The Idaho
Right To Farm Act should be promoted.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-1(D)(l-3)
No building or structure or part thereof shall be erected or constructed except where
the following conditions have been satisfied:
1. All streets to be dedicated to the Ada County highway district as public streets,
as defined in section 8-1-2 of this chapter and section 9-1-6 of this code, shall be
constructed as required by ACHD or as required by this code, whichever holds the
higher standard;
2. Sanitary restrictions are removed pursuant to Idaho Code 50-1326;
3. Fire hydrants and water mains are provided, and operable, pursuant to section
9-4-1-11 of this code; and
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 9-2-3 (B)(l-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
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following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
. Eagle City Code Section 9-3-2-1(G)
Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in
length and shall terminate with an adequate circular turnaround having a minimum radius
of fifty feet (50') of right of way with the following exceptions:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less
than thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
2. In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be permitted by the city if approved by the fire department and
the highway district having jurisdiction. No more than twenty (20) dwelling units shall
be permitted on said cul-de-sac.
3. In zoning districts which prohibit densities greater than one dwelling unit per five
(5) acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet
(2,800') in length may be permitted by the city if approved by the fire department and
the highway district having jurisdiction. No more than twenty (20) dwelling units shall
be permitted on said cul-de-sac.
. Eagle City Code Section 9-3-2-5 PRIVATE STREETS:
From the effective date hereof, private streets shall not be permitted. It is not the intent of
this code to preclude the development of alternate public street designs and right of way
widths as may be approved by the highway district having jurisdiction and the city of
Eagle.
. Eagle City Code Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements
shall allow for the ultimate extension of adjacent streets through the middle of wide
blocks. Whenever such future subdividing or lot splitting is contemplated, the plan
thereof shall be approved by the City Council prior to taking of such action.
. Eagle City Code Section 9-3-6 - EASEMENTS:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city council.
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. Eagle City Code Section 9-4-2-1 - CONSTRUCTION PLANS:
It shall be the responsibility of the subdivider of every proposed subdivision to have
prepared by a registered engineer, a complete set of construction plans, including profiles,
cross section, specifications and other supporting data, for all required public streets,
utilities and other facilities. Such construction plans shall be based on preliminary plans
which have been approved with the preliminary plat, and shall be prepared in conjunction
with the final plat. Construction plans are subject to approval by the responsible public
agencies and all construction plans shall be prepared in accordance with the public
agencies' standards or specifications.
D. DISCUSSION:
. Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. New street dedication is required;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan but is in
conflict with provisions of the Zoning Title of the City.
. There is a fifty foot (50') wide private road, which is approximately 1,268 linear feet long,
providing access to the two (2) lots of Tabasco Subdivision. Each lot owner owns twenty five
feet (25') of the fifty foot (50') private road and has an ingress/egress easement over the other
property owners twenty five foot (25') strip of property. Per Eagle City Code, private streets
are not permitted. The applicant has indicated within their justification letter date stamped by
the City on August 11,2005, that they would construct a public street to ACHD standards if
they were required to do so by the City. The applicant has submitted a combined preliminary
plat and final plat application which does not allow new streets to be dedicated. In order for
the applicant to dedicate right-of-way for a public street, the applicant would be required to
submit a preliminary plat application. Upon receipt of a preliminary plat application the City
would review the application for compliance with Eagle City Code and make
recommendations accordingly.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
combined preliminary and final plat as presented (as private streets are not permitted by Eagle City
Code and new street dedication is not permitted to be approved with a combined preliminary and
final plat application).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 19, 2005, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
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B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual who felt that the private road needs to be constructed as a public roadway.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither opposed to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual who felt the private road needs to be paved if this
application is approved.
COMMISSION DECISION:
The Commission voted 4 to 0 (Marks absent) to recommend denial of PPIFP-4-05 for a combined
preliminary and final plat application for Esperanza Estates Subdivision.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 11,2005.
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 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. Requests for agencies' reviews
were transmitted on August 18,2005, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary and final plat (PPIFP-4-05) and based upon the information provided concludes that the
proposed combined preliminary and final plat application is not in accordance with the City of Eagle
Title 9 (Subdivisions) because:
Private streets are not permitted by Eagle City Code and since the applicant has proposed access to this
subdivision via a private road then approval of this application would result in non-compliance with
Eagle City Code. Moreover, if a public street were proposed then a separate preliminary plat would be
required to be filed since right-of-way cannot be dedicated with a combined preliminary and final plat
application.
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DATED this 3rd day of October 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
A , Idaho
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