Findings - CC - 2006 - PP/FP-01-06 - Golf Pond Subdivision/2-Lot Subd/0.50 Acre/600 N. Edgewood Lane
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A COMBIDED PRELIMINARY/ FINAL )
PLAT FOR GOLF POND SUBDIVISION )
FOR TROY COOPER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-OI-06
The above-entitled preliminary plat/final plat application came before the Eagle City Council for their
action on September 12,2006. The Eagle City Council having heard and taken oral and written testimony,
and having duly considered the matter, makes the folloWIng Findings of Fact and ConclusIOns of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Troy Cooper is requesting combined preliminary plat and final plat approval for Golf
Pond Subdivision, a 2-101 residential subdivision. The 0.50-acre site is located at 600 N.
Edgewood Lane at the intersection ofN. Eagle Hills Way and N. Edgewood Lane.
B. APPLICATION SUBMITTAL:
The application for this item was recei ved by the City of Eagle on March 17, 2006.
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 24, 2006. 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 17, 2006. The site was posted in accordance with the Eagle City Code on
May 5,2006. Requests for agencies' reviews were transmitted on March 17,2006, 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 28, 2006. 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,
2006. The site was posted in accordance with the Eagle City Code on September I, 2006.
D. HISTORY OF PREVIOUS ACTIONS:
On July 13, 1999, the Eagle City Council approved a lot split (LS-06-99) dividing this
parcel from the adjacent parcel to the east.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA nON
Existing Residential Four R-4 (Residential- up to four Residential
units per acre)
Proposed No Change No Change Two lot subdivision
North of site Residential Four R-4 (Residential- up to four Single-family dwelling
units per acre)
South of site Residential Four R-4 (Residential- up to four Single-family dwelling
units per acre)
East of site Residential Four and R-4 (Residential- up to four Single-family dwelling
Public/Semi-Public units per acre) and Eagle Hills Golf
Course
West of site Residential Four R-4 (Residential- up to four Residential- Eagle Hills
units per acre) West No.5
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site - 0.50 acre
Total Number of Lots - Two (2)
Residential - 2
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 2
Single-family - 2
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - None
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 4 units per acre 4 units per acre (maximum)
Minimum Lot Size 11,024 square feet 8,000 square feet (minimum)
Minimum Lot Width 71.50 feet 70-feet
Minimum Street Frontage 71.50 feet 35-feet
Total Acreage of Common Area No proposed common area 2,178 square feet (minimum)
Percent of Site as Common Area No proposed common area 10%
Except that, accordmg to ECC
Section 9-3-8 (C) the City may
require additional public
and/or private park or open
space facilities in PUDs or in
subdivisions with 50 or more
lots.
1. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (1) (4) (a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Open Space:
The applicant is not proposing any common area for this development. 10'Yo minimum
open space is required except that, according to ECC Section 9-3-8 (C) the City may
require additional public and/or private park or open space facilities in PUDs or in
subdivisions with 50 or more lots.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance shall submit 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.
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
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Preservation of Existing Natural Features:
There are several mature trees on the site located in proximity to the existing residence.
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 property is fronted by N. Edgewood Lane, which is designated as an urban collector
on the Ada County 2030 Functional Street Classification System map.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: None proposed
Sidewalks:
A five-foot (5') wide attached sidewalk is adjacent to N. Edgewood Lane on the western
boundary of the property.
Curbs and Gutters:
The property has vertical curb adjacent to N. Edgewood Lane.
Lighting: None proposed
Street Names:
There are no new streets proposed within this development.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under 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. N. Edgewood Lane has a marked bike lane on both sides of the road.
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 - none
Evidence of Erosion - no
Fish Habitat - no
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Floodplain - no
Mature Trees - Yes-there are mature trees around the existing structures.
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. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated April 5, 2006 are of special
concern (see attached).
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality: (See comments regarding Eagle Water Company, dated
September 7, 2005)
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Meridian School District:
Q. LETTERS FROM THE PUBLIC:
Frank and Alma Marvin stated in correspondence, date stamped by the City on May 8,
2006, (attached to the staff report) there concern with the size of the buildable lot and the
style of home to be constructed on the new lot. There concern is because of the small lot
the new structure would not be similar to existing homes in the area.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. 2000 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04)
designates this site as Residential Four.
Suitable primarily for single family residential development within an urbanized
setting.
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Chapter I-Overview
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle ComprehensIve Plan is to promote the health, safety, and general
welfare of the people of the City of Eagle and its Impact Area as follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
Chapter 4-Schools, Pubic 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 comes 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 plays
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 effect the community. Service proViders currently include:
. The Eagle Sewer District proVIdes sewer service within a designated sewer
service area. Larger lot homes have wells and septic systems and must comply
with Central District Health Department requirements.
. United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
. Private canal companies and drainage districts provide irrigation water and
drainage water management.
4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation of landscaping when new development is within an
irrigation district and water rights are available.
Chapter 8 Transportation
8.2.4 Collectors
Mobility Function:
The primary function of a collector street is to intercept traffic from local streets
and carry the traffic to the nearest arterial street. A secondary function is to service
abutting property. The collector street may serve motorized and non-motorized
transportation needs, and be designed with the minimum street section to
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accommodate the projected vehicle volume and in conformance with the Long
Range Transportation Plan of AP A.
Access Function:
To provide limited and controlled access to commercial and industrial areas and to
residential neighborhoods.
Right -of-Way
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
8.6 Implementation Strategies
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
1. Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation of berms and landscaping for all developments
to enhance safety and to enrich the roadway and community appearance.
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
Chapter 9 Parks, Recreation and Open Spaces
9.6-0pen Space
Open space is land which is not used for buildings or structures and offers opportunities for
parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure
activities, viewpoints, and wildlife habitat.
9.6. I Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
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9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
9.6.4 Implementation Strategies
c. Create an ordinance that requires developers to include set asides for open
space.
d. Establish guidelines for open space set asides.
f. The City should develop a storm water management plan to include utilization
of onsite open space for storm water management features.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2 COLLECTOR STREET:
A street designated for the purpose of carrymg traffic from minor streets to other collector
streets and/or arterial streets
. ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
· ECC Section 8-2-4(D) SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS:
Front yard setback from arterial and collector streets (as designated on the APA functional
street classification map) is 30 feet in all residential zoning districts.
· ECC Section 8-2A-1 DESIGN REVIEW OVERLAY DISTRICT APPLICABILITY:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after
the date of adoption hereof. Such development includes, but is not limited to, new
commercial, industrial, institutional, office, multi-family residential projects, signs,
common areas, subdivision signage, proposed conversions, proposed changes in land use
and/or building use, exterior remodeling or repainting with a color different than what is
existing, exterior restoration, and enlargement or expansion of existing buildings, signs or
sites, and requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
. ECC Section 8-2A-7 (J)(4)(a)
4. 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
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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
centerline) 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 Ada County long range
highway and street map:
A minimum of thIrty five feet (35') wide buffer area (not including right of way) shall be
provided with the followmg 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 (I') 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:
. ECC Section 9-1-6 OPEN SPACE:
A common area platted as a separate lot, or an area dedicated to and accepted by the city,
substantially open to the sky, exclusive of streets, buildings and other covered structures.
. ECC Section 9-2-3(C)(2) PRELIMINARY PLAT REQUIRED INFORMATION AND
DATA:
The subdivider shall submit to the administrator at least the following:
b. Six (6) sets of preliminary engineering plans (not meant to be cross sections or
detailed designs) for streets, water, sewers, sidewalks and other required
public improvements; however, such engineering plans shall contain
sufficient information and detail to make a determination as to conformance
of the proposed improvements to applicable regulations, ordinances and
standards;
. ECC Section 9-2-4(A)(2) FINAL PLATS:
Filing Of Final Plat: After the approval or conditional approval of the preliminary plat, the
subdivider may cause the total parcel or any part thereof to be surveyed and a final plat
prepared in accordance with the approved preliminary plat. The subdivider shall submit to
the administrator the following:
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2. Three (3) copies of the final engineering construction drawings for streets, water,
sewers, sidewalks and other public improvements.
o ECC Section 9-3-6(A) EASEMENTS:
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').
o ECC Section 9-3-8(D) PUBLIC SITES AND OPEN SPACES:
Open Spaces: The minimum percentage of the gross area that must be set aside for open
spaces in new subdivisions shall be as follows:
R-4 requires a minimum of 10% percent open space to set aside.
o ECC Section 9-4-1-5 STREETLIGHTS:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of
this title, or his/her representative, hereinafter referred to as "administrator"). Atier
installation and acceptance by the administrator, the city shall have the right to pay the
cost of maintenance and power and assume ownership of the streetlights.
o ECC Section 9-4-1-6(F)(3) SIDEWALK DESIGN:
Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by
a minimum five foot (5') wide landscape strip. The landscape stnp shall be completed with
sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class
trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code.
o ECC Section 9-4-1-8 UNDERGROUND UTILITIES
Underground utilities are required.
o ECC Section 9-4-1-9(A) WATER SUPPLY AND SEWER SYSTEMS:
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.
o ECC 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 butTer areas.
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E. DISCUSSION:
. The proposed subdivision is fronted by N. Edgewood Lane which is designated as an urban
collector on the Ada County 2030 Functional Classification Map. The property has a twenty-
foot (20') wide access easement within the property adjacent to the north property line that
serves the parcel directly east of this parcel. This easement was granted as part of lot split
application number (LS-06-99) which was approved by the City Council on July 13, 1999.
The easement area is also currently being utilized as the access driveway for the existing
residence on the property.
. The combined preliminary/final plat date stamped by the City on March 16, 2006. shows via a
dashed line and also notes a ten foot (10') wide easement adjacent to the subdivision perimeter
boundary. Per Eagle City Code, unobstructed utility easements shall be provided along front,
rear and side lot lines and shall be no less than twelve feet (12') in width.
. The combined preliminary/final plat does not show any proposed open space within the
development. Per Eagle City Code, 10% open space is required within the R-4 zoning district.
. The combined preliminary/final plat delineates overhead power lines to the existing home
located at 600 N. Edgewood Lane. Per Eagle City Code, underground utilities are required.
. The combined preliminary/final plat delineates an attached sidewalk adjacent to N. Edgewood
Lane. Per Eagle City Code, sidewalks shall be separated from the edge of the abutting roadway
by a minimum tive foot (5') wide landscape strip. (Ada County policy now requires an eight
foot (8') wide planter strip).
. The existing home delineated on the combined preliminary/final plat appears to be located
within the required front yard setback and is within the utility easement area for a subdivision.
The front yard setback is a minimum of thirty feet (30') from collector streets in all residential
zoning districts. If the plat were approved as shown the existing home would be located within
the required easement and setback.
. The development is located adjacent to an urban collector, N. Edgewood Lane (as designated
on the Ada County 2030 Functional Classification Map). Per Eagle City Code, developments
adjacent to urban collectors are required to have a minimum thirty tive foot (35') wide buffer
area with a minimum five to eight foot (5'-8') high berm with landscaping located within the
buffer area.
. There are no streetlights shown on the combined preliminary/final plat. Per Eagle City Code,
all subdividers are required to install streetlights in accordance with City specifications and
standards at locations designated by the administrator.
. As noted within the Eagle Sewer District's letter dated April 11,2006, this development will
require a sewer easement through the property to the east to serve more than one dwelling. Per
Eagle City Code, the applicant must provide engineered plans showing sufficient information
and detail to make a determination as to conformance of the proposed improvements to
applicable regulations, ordinances and standards.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends denial of the requested subdivision. A recommendation of approval could be obtained if
the following concerns could be addressed.
. Provide the required amount of open space for a subdivision located within the R-4 zoning district.
. Delineate an area for the required landscaping buffer adjacent to N. Edgewood Lane.
. Provide required engineering plans showing how sewer and water will be proVIded to serve the
development.
. Provide a streetlight plan showing streetlight locations to comply Eagle City Code.
. Provide a combined preliminary/final plat which if approved will not create a non-conforming use
regarding the existing residence and its location within the required front setback.
. Provide a combined preliminarylfinal plat showing a detached five foot (5') wide detached
sidewalk adjacent to N. Edgewood Lane separated from the curb by an eight foot (8') wide planter
strip.
. Provide a combined preliminary/final plat showing underground power to the existing structure.
. Provide a revised preliminary/final plat showing an additional access to the subdivision.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Eagle Planning and Zoning
Commission for their consideration on May 15, 2006. The Commission continued the item to
July 17, 2006, at which time public testimony was taken. The Commission left the public
hearing open and continued the itcm to the August 7, 2006, heanng datc to proVide the
applicant time to provide a revised preliminary plat* to address staff concerns. On August 7,
2006, the Commission took additional public testimony, the public hearing was closed and the
Commission made their recommendation at this time.
* Note-The revised preliminary plat showed three dwellings utilizing one driveway to address
Ada County Highway District concerns. Eagle City Code does not permit three dwellings to
utilize one driveway for access.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission from no one (not including the applicantlrepresentative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by four (4) individuals who indicated the proposed size of the lots is not
harmonious with the existing neighborhood. One (I) of those individuals was also concerned
with maintaining the permanent easement providing access to the parcel east of the site.
COMMISSION DECISION:
The Commission voted 4 to 0 (Jacobs absent) to recommend denial of PP/FP-01-06 for a
combined preliminary/final plat for Golf Pond Subdivision. A favorable recommendation would
be provided if the applicant could provide an additional driveway for access to one of the proposed
lots.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 12,2006, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by two (2) individuals
who indicated that the access for the three lots is too narrow, the lots would not be proportionate to the
existing neighborhood, and the access was not large enough for emergency vehicles.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented by one individual
(property owner adjacent to the east) who would like to have a nice home built on the properties, the
existing access be paved, and fencing adjacent to the access be provided.
COUNCIL DECISION:
The Council voted 4 to 0 to deny PP/FP-OI-06 for a preliminary plat for Golf Pond Subdivision. A
favorable recommendation woulu be provided if a second access were to be provided for access
per Eagle City Code and more land for a larger development area were acquired so that a
development more commensurate with the surrounding area could be achieved.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, February 21, 2006, in compliance with the application
submittal requirement of Eagle City Code. The annexation, rezone and preliminary plat applications
for this item were received by the City of Eagle on April 6, 2006.
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 24, 2006. 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 17, 2006. The site was posted in accordance
with the Eagle City Code on May 5, 2006. Requests for agencies' reviews were transmitted on March
17,2006, 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 28,
2006. 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, 2006. The site was posted in accordance with the Eagle City Code on
September I, 2006.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat/final
plat (PP/FP01-06) and based upon the information provided concludes that the proposed combined
preliminary/final plat application is not in accordance with the City of Eagle Title 9 (Subdivisions)
because City Code does not allow more than two dwellings to be served by one driveway.
Page 13 of 14
K:\Planning Dept\Eagle ApplicationslSUBSl2006\Golf Pond ccf.doc
DATED this 26th day of September 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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A TTEbT:
L--l~. ~ t?u~
Sharon . Bergmann, Eagle City Cle
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Page 14 of 14
K:IPlanning DeptlEagle ApplicationslSUBSI20061Golf Pond ccf.doc