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Findings - PZ - 2006 - PP/FP-01-06 - Preliminary And Final Plat For Golf Pond SubdivisionORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT AND FINAL PLAT FOR GOLF POND SUBDIVISION FOR TROY COOPER FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP/FP-01-06 The above -entitled Preliminary Plat application came 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 item to the August 7, 2006, at which time additional public testimony was taken, the public hearing was closed and the Commission made their recommendation at this time. 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: Troy Cooper is requesting combined preliminary plat and final plat approval for Golf Pond Subdivision, a 2 -lot residential subdivision. The 0.50 -acre site is located at 600 N. Edgewood Lane at the intersection of N. Eagle Hills Way and N. Edgewood Lane. B. APPLICATION SUBMITTAL: The application for this item was received 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. 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 Page 1 of 13 K \Planning Deptl[agle Applications\SIJBS120061Golf Pond pd'.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site COMP PLAN DESIGNATION Residential Four No Change Residential Four Residential Four Residential Four and Public/Semi-Public West of site Residential Four ZONING DESIGNATION R-4 (Residential- up to four units per acre) No Change R-4 (Residential- up to four units per acre) R-4 (Residential- up to four units per acre) R-4 (Residential- up to four units per acre) R-4 (Residential- up to four units per acre) LAND USE Residential Two lot subdivision Single-family dwelling Single-family dwelling Single-family dwelling and Eagle Hills Golf Course Residential- Eagle Hills 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) Total Number of Units - 2 Residential - 2 Commercial - 0 Industrial - 0 Common - 0 Single-family - 2 Duplex - 0 Multi -family — 0 Total Acreage of Any Out -Parcels - None Page 2 of 13 K:1Planning DeptlEagle Applications\SUBS120061GoIf Pond pzf.doc ADDITIONAL SITE DATA Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area Percent of Site as Common Area PROPOSED 4 units per acre 11,024 square feet 71.50 feet 71.50 feet No proposed common area No proposed common area I. GENERAL SITE DESIGN FEATURES: REQUIRED 4 units per acre (maximum) 8,000 square feet (minimum) 70 -feet 35 -feet 2,178 square feet (minimum) 10% 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. 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. Open Space: The applicant is not proposing any common area for this development. 10% 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 Page 3 of 13 K:1Planning Dept\Eagle Applications\SUBS12006\Golf Pond pzf.doc 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 PEDESTRIANBICYCLE 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 Page 4 of 13 K:1Planning DeptlEagle Applications\SUBS120061GoIf Pond pzf.doc 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. Comments, which appear to be of special concern, are noted below: Q. 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: LETTERS FROM THE PUBLIC: Frank and Alma Marvin stated in correspondence, date stamped by the City on May 8, 2006, 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. Chapter 1 -Overview 1.1 City of Eagle Statement of Purpose Page 5of13 K:1Planning Dept\Eagle Applications1SUI3S120061Golf Pond pzf.doc 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 accommodate the projected vehicle volume and in conformance with the Long Range Transportation Plan of APA. Page 6 of 13 K:IPlanning DeptlEagle Applications\SUBS120061GoIf Pond pzfdoc 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. i. 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 -Open 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. 9.6.1 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. Page 7 of 13 K:1Planning Dept\Eagle Applications\SUl3S120061Golf Pond pzf.doc 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 carrying 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 Page 8 of 13 K:\Planning DeptlEagle Applications\SUBS120001Golf Pond pzf.doc 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 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: • 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: Page 9of13 K:1Planning DeptlEagle Applications\SUBS120001GoIf Pond pzf.doc 2. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks and other public improvements. • 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'). • 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. • 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"). After 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. • 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 strip 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. • ECC Section 9-4-1-8 UNDERGROUND UTILITIES Underground utilities are required. • 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. • 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 buffer areas. Page 10 of 13 K:1Planning DeptlEagle Applications\SUBS120061GoIf Pond pzf.doc 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 five 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 five 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. Page 11 of 13 K:1Planning DeptlEagle Applications\SUBS120061GoIf Pond pzf.doc 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 preliminary/final 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. 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 item to the August 7, 2006, hearing date 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 applicant/representative). 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 (1) 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 preliminary 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. 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. Page 12 of 13 K:1Planning DeptlEaglc Applications\SUI3S120001GoIf Pond pzf.doc 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. 3. The Commission 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 preliminary 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. DATED this 21st day of August 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Jascjri Pierce, Chairman ATTEST: r 0 K 'Sharon K. Bergmann, Eagle City Clfrk ,•• \,S OFF s••,.. •e • •. q s' • '• ,• •• • • :• • •+ •• i ' 1,' •••kATB �e�i�0 _a •-•• OF IDS Page 13 of 13 K \Planning Dept\Eagle Applications\SU13S120061Goll Pond pzr doc l 4 _• '•+o:if..•s