Minutes - 2004 - City Council - 06/22/2004 - Regular
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ORIGINAL
EAGLE CITY COUNCIL
Minutes
June 22, 2004
Mayor calls the meeting to order at 5:35 p.rn.
ROLL CALL: Bastian, Sedlacek, Guerber, Nordstrom by speaker telephone. All present. A quorum is
present.
EXECUTIVE SESSION: 5:30 p.m.
A. Pendine or Threatened litieation: I.C. §67-234Sm
Sedlacek moves to go into executive session for the discussion of pending or threatened
litigation. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE;
Nordstrom: AYE: ALL AYES: MOTION CARRIES....................
Council discusses pending or threatened litigation.
Council leaves Executive Session at 6:50 p.m.
Bastian moves to allow the principals involved in the intersection at the Alternate State
Highway to appeal the decision of Judge McKee. Seconded by Guerber. ALL A YES:
MOTION CARRIES............................
General discussion.
PRE-COUNCIL:
I. Discussion reeardine City Hall options.
Mayor introduces the issue. Mayor provides all of the options as discussed at the last Council
meeting.
City Clerk Bergmann: The City Hall staff met and their recommendation is that if the Council is
going to move forward immediately to build a City Hall then Staff would like to stay in the
present building and make the appropriate adjustments necessary to function here until the new
building is ready. The money that would be saved on leasing a temporary space could go for the
furnishings that will be needed in the new building. General discussion.
Further General discussion.
Guerber: We need to make it known that Mr. Hosac is here to just give us information. If the
City decides to proceed with a true lease we would go out for an RFP.
Bob Hosac: I'm a developer in the valley. A true lease will cost more money that being able to
purchase the building with a bond. I don't think passing a bond is going to happen. Mr. Coonce
is providing an option to provide space for the interim needs of the City. The difference between
a bond payment and lease payment are not very far apart. I think it would be prudent to build the
building on your property and then go back to the citizens to pass a bond to buy the building. I
don't believe the purchase price a few years down the road has to be market value, it is
negotiable. General discussion.
Hosac: I'm totally in favor of the City going through an RFP process for a developer so the City
can get the best price out there. I would be in favor of one move for an eventuality of owing your
own building and buying the building as soon as you can. You need to build the building you
have plans for. General discussion. We won't stop construction in the winter and there would be
minimal costs for covering during the winter. The developer will know that the lease is on an
annual basis, renewed each year by the City.
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Further general discussion.
City Attorney Moore: The Lessor does not have to sell the property at the market value. There
is proper terminology that needs to be in the lease as to the City buying the property at a certain
period of time. General discussion.
Council concurs to go with Option #5 and immediately go to a Request For Proposals for a
developer and notice the same in the newspaper and proceed as soon as possible.
Mayor: We will discuss this at the end of the meeting on how we need to proceed since we are
running an hour behind in our Agenda.
Council Member Nordstrom is off the line and will rejoin the meeting before the Public Hearing.
Council Member Nordstrom is off the line and will rejoin the meeting before the Public Hearing.
Mayor calls a recess at 7:35 p.m.
Mayor reconvenes the meeting at 7:45 p.m.
Mayor Merrill calis the meeting to order.
ROLL CALL: Bastian, Sedlacek, Guerber, Nordstrom. Nordstrom is absent but will joint
the meeting by telephone before the Public Hearings.
2. Ada County Sheriff's Office: Sgt. Dana Borgquist will present the monthly report for May.
Mayor: The Ada County Sheriff has left a written report for the Councils' review since we are running an
hour late.
3. ICRMP: Lynnette McHenry, Claims Manager & Civil Attorney for ICRMP will address
Council regarding park liability issues. Lynnette McHenry discusses the liability issues for city parks
that the City has. Discussion on the Recreational Use Statute. ICRMP is encouraging all of their members
not to charge any fees. If you are going to charge a fee make it large enough to cover your liability.
General discussion.
City Attorney Buxton: Discusses the research that her office did a year ago. There has been a case since
that time in regards to this. The Idaho Supreme Court has not made a ruling on this. General discussion.
Council asks the City Attorney to meet with Lynnette and come to a decision about charging reservation
fees for the park shelters.
4. Eaele Historical Preservation Commission: Diane Scott will give a report on recent
activities, purchases, events, and programs. Diane Scott, Director ofthe Museum, reports on the
purchase of the video camera and the historic interviews that the museum is going to begin to conduct.
Discusses the programs that she would like to begin, especially a CD of Eagle History including oral
histories. We are beginning a scavenger hunt for the school children in the fall. At some point in time I
would like to put together a traveling history that could be taken to the schools. We would also like to
archive Eagle Fun Days, which we started this year. Discussion on changes proposed for the Museum. We
do need another piece of equipment, a new computer that we can make our cds. General discussion.
REGULAR COUNCIL AGENDA: 8:00 p.m.
1. PLEDGE OF ALLEGIANCE:
2. PUBLIC COMMENT: None
3. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
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will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. Minutes of May 26, 2004 special meeting.
e. Minutes of May 26, 2004 meeting.
D. Minutes of June 8, 2004 meeting.
E. Minutes of June 15, 2004 special meeting.
F. Resolution No. 04-12: A resolution archiving records with the Idaho State
Historical Society. (SKB)
G. DR-27-O4 - Master Sien Plan for a Multi-tenant Flex Space Buildine -
Robnett Construction: Robnett Construction, represented by Jason Martin with
Backstreet Architecture, is requesting design review approval of a master sign
plan for a multi-tenant flex space building. The site is located on the southwest
corner of State Highway 44 and McGrath Road on Lot I, Block 1, of Ancona
Business Park. (WEV)
H. DR-28-04 - Master Sien Plan for a Multi-tenant Flex Space Buildine -
Robnett Construction: Robnett Construction, represented by Jason Martin with
Backstreet Architecture, is requesting design review approval of a master sign
plan for a multi-tenant flex space building. The site is located on the southwest
corner of State Highway 44 and McGrath Road on Lot 2, Block 1, of Ancona
Business Park. (WEV)
I. DR-37-04 - Monument Sien For Sisters Villa - Mercy Housine - Mercy
Housing of Idaho, represented by Rich Kenny, is requesting design review
approval to construct a monument sign for Sisters Villa (a Mercy Housing Senior
Community). The site is located on the east side of North Eagle Road
approximately lA-mile north of State Street at 540 North Eagle Road. (WEV)
J. Findines of Fact and Conclusions of Law for CU-2-04 - Mobile Office (Pre-
manufactured Bank Facility With Drive UP Service) - Home Federal: Home
Federal, represented by Insight Architects, is requesting conditional use approval
to place a mobile office (pre-manufactured bank facility) on-site with one drive-
up service lane. The .63-acre site is generally located on the northeast comer of
Eagle Road and East Riverside Drive in the Eagle River Commercial
Development. (WEV)
K. Findines of Fact and Conclusion of law for FPUD-3-04 & FP-S-04 - Final
Development Plan and Final Plat for Windine Creek PUD Subdivision -
Salmon Point LLC: Salmon Point LLC, represented by Ron Bath, is requesting
final development plan and final plat approval for Winding Creek Subdivision,
an 85-lot (58-residential, l7-commercial, lO-common) commercial and
residential PUD subdivision. The l5.3-acre site is located on the north side of
State Street approximately lOO-feet east of Palmetto A venue at 988 State Street.
(WEV)
Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYES: MOTION CARRIES............
Council Member Nordstrom joins the Council Meeting by telephone.
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6. PROCLAMA TIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. PUBLIC HEARINGS:
A. ZOA-3-04 - Zonine Ordinance Amendment - City of Eaele: The City of Eagle is
proposing to amend Eagle City Code Title 8 "Zoning", Chapter 8 "Area of City Impact", to add
to the Eagle Area of City Impact the property contained within the area west from the
intersection of the centerlines of Linder Road and Homer Road, westerly along the center line of
the Farmers Union Canal to the centerline of State Highway 16, southerly along the centerline of
State Highway 16 to State Highway 44(State Street)and further to the centerline of State
Highway 20/26 (Chinden Boulevard), east along the centerline of State Highway 20/26 to the
existing area of city impact line at the intersection of the center lines of Linder Road and State
Highway 20/26. (WEV)
Mayor introduces the issue.
Planner Baird-Spencer: Displays a proposed Eagle Area of City Impact map and provides an overview of
the expansion of the City area of western impact.
Mayor opens the Public Hearing.
Mayor swears in Mark Butler.
Mark Butler, 1640 W. Washam Road, discusses his work on the comp plan that he did when he worked for
the City of Eagle. Yes I am in favor of this proposal.
Mayor closes the Public Hearing.
Guerber moves to adopt ZOA-3-04 Zoning Ordinance Amendment - City of Eagle in
regards to the expansion of the area of impact. Seconded by Nordstrom. Discussion. ALL
AYES: MOTION CARRIES.................
B. A-2-03/RZ-2-03/CU-S-03/PPUD-I-03/PP-3-03 - Laeuna Pointe Planned Unit
Development - Laeuna Pointe LLC: Laguna Pointe LLC, represented by Land Consultants
Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2-DA-P
(Residential up to two units per acre with development agreement and PUD) and R-E-DA-P
(Residential Estates up to one dwelling unit per two acres with development agreement and
PUD), a rezone from A-R (Agricultural-Residential) to R-2-DA-P (Residential up to two units
per acre with development agreement and PUD) and R-E-DA-P (Residential Estates up to one
dwelling unit per two acres with development agreement and PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for Laguna Pointe planned unit
development. The 1 17.5 I-acre development consists of a 53-lot (43-buildable, lO-common)
residential subdivision*. The site is located east of Eagle Road approximately Vz-mile north of
Chinden Boulevard at 2260 S. Eagle Road. (WEV)
Mayor introduces the issue.
Mayor swears in Mark Butler.
Mark Butler. representing the applicant, I had three stages of a presentation to give but I'm wondering if I
should just give an overview of why this application is back before the City of Eagle. Displays Laguna
Pointe Chronology since Council action as of January 13,2004 and discusses the same. Just so the public
knows, we are not proposing any watercraft. Displays overheads pertaining to the development including
the Preliminary Development Plan & Preliminary Plat, site plan and etc. and discusses the same.
Discussion on the legality of Council Nordstrom being at the meeting by a telephone connection.
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City Attorney Buxton: According to Idaho Code it is proper for Council Member Nordstrom to be on a
speaker phone during the course of the meeting. General discussion.
Butler: Further discussion on the project. Displays on overhead and discusses staffs recommendations.
General discussion.
Larry Sale, ACHD liaison to the City, discusses how private roads become public roads in the future. The
owner's ofthe road have to prove that the roads were constructed to ACHD standards. Discussion on
ownership of roads and easements.
Zoning Administrator Vaughan: Provides Council an overview of the application and the project. General
discussion.
Mayor opens the Public Hearing.
Mayor swears in Rob Bousfield
Rob Bousfield, Boise City Public Works, I am here to testify in opposition to this application in behalf of
Boise Public Works, displays an overhead of the plat. Discussion on the concerns which relate to their
ability to maintain our property for future expansion. We believe the more residences that go in the harder
it is for us to do that. If you choose to approve this application we would request three conditions.
Distributes a letter stating the conditions and discusses the same-
Mayor swears in Steve Bradbury
Steve Bradbury, representing Dennis Baker, you have a letter from Mr. Baker that you should have received
last week that summarizes his concerns with the project. Discussions on those concerns. Discussion on all
of the meetings with the Mayor and Council Members that did not seem to fall under the meaning of
mediation. It was a reconsideration not a mediation. More important than that procedural issue is an
application that is being processed piecemeal. There is another application before the Planning & Zoning
Commission that is requesting to rezone some of this land to another use. The application should be viewed
in its entirety. How this affects the adjacent landowner's is going to be important. Displays an overhead
showing the Lakemoor project and the Laguna project and discusses the application before the Council
tonight and the application before the Planning & Zoning. Discusses how the applications impact the
adjacent property owners. General discussion.
General discussion on the application.
City Attorney Buxton: Discussion the mediation process.
Zoning Administrator Vaughan: Discussion on the application process.
Mark Butler, representing the applicant, the Fire Department approved the layout plan which I picked up at
4:00 p.m. today. Discussion on Boise City's requests. Discussion on benning. Discussion on regional
pathway.
Council Member Nordstrom's telephone call has been disconnected.
Further discussion on the pathway.
Council Member Nordstrom's telephone connection is reestablished.
Continued discussion on the pathway.
Mayor swears in Dennis Baker
Dennis Baker, 250 S. Beechwood, Boise, my concern is in what doesn't appear tonight. Lowering the
density present tonight and changing to a major intensity going to mixed use. It's the piecemeal of the
applications. General discussion.
Mayor closes the Public Hearing.
General Council discussion.
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Sedlacek moves to approve A-2-03/RZ-2-03/CU-S-03/PPUD-I-03/PP-3-03 - Laguna Pointe
Planned Unit Development with the following changes made to the Site Specific Conditions
of Approval: #5 stays the same; #6 be modified to change all reference to 6 parking spaces
to 10 parking spaces and that the signs shall state that parking is for public river access.
The location of the signs shall be reviewed by staff prior to the installation of the signs; Site
Specific Condition #11 remains the same; I am going to leave #35 alone; #14 shall be 24-
foot wide private road; Site Specific #44 as suggested by the Applicant be added with
additional wording to say: "No gravel crushing shall be allowed on the site"; Add #45. a
condition to require a sidewalk, curb and gutter along Eagle Road consistent with the
requirements set on the Lakemoor Development; Site Specific Condition #46. The
developers shall include in the development substantial landscape screening approved by
the Design Review Committee; Site Specific Condition #47. That Plat Note #9 addressing
Mixed Use Rezone not be considered as part of this application and be removed from this
application and from the Plat; Site Specific Condition #48. That the building envelopes be
designated on the Final Plat for Council review; Add to Site Specific #46 copy the first line
in Boise Public Works letter dated June 22, 2004 only change berm to buffer; Site Specific
Condition #24 should state "Place a note on the Final Plat which provides cross access over
the surface of the water of the ponds between all lots". Seconded by Bastian. Discussion.
Sedlacek amends the motion to add the changes to Site Specific Condition #22 and Bastian
agrees. Sedlacek clarifies the building envelopes in Site Specific #48 to be the building
envelopes on all the lots on the South side of the development. Bastian agrees. Further
discussion. ALL AYES: MOTION CARRIES...............
Council Member Nordstrom is no longer in attendance by telephone.
Mayor calls a recess at 10:30 p.rn.
Mayor reconvenes at 10:50 p.rn.
Bastian moves to add to the Agenda as the next item approval of ACHD's access to the Park and
Ride Site owned by the City. Seconded by Guerber.
Sedlacek moves to approve ACHD's access to the City owned property on the corner of the Alternate
Route, West State Street and Ballantyne. Seconded by Guerber. ALL A YES: MOTION
CARRIES....................
9. NEW BUSINESS:
A. O4-02-S/04-02-PR Preliminary Plat for Amended Viejo Estates Subdivision - Fease &
Ellensohn: Fease & Ellensohn, represented by Shawn Nickel with Land Consultants Inc., is
requesting preliminary plat approval for Amended Viejo Estates Subdivision, a 26.35-acre, 7-lot
(5-buildable, l-common, I-private road) residential subdivision and wholesale nursery (existing)
located on the south side of Old Valley Road approximately 650-feet east of Linder Road at 4557
Old Valley Road. This site is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Mark Butler, representing the applicants, provides Council an overview of the application.
Zoning Administrator Vaughan: Staff has recommended approval of this application and that the removal of
Site Specific Condition #3 would be appropriate.
Bastian moves to approve O4-02-S/04-02-PR Preliminary Plat for Amended Viejo Estates
Subdivision and strike Site Specific Condition #3. Seconded by Guerber. Discussion. ALL
AYES: MOTION CARRIES.................
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B. Ordinance No. 475: An Ordinance Amending Eagle City Code, Title 8, Chapter 8, Section
1, To Adopt A Revised Area Of City Impact Boundary Map; And Providing An Effective Date.
(WEV)
Mayor introduces the issue.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance #475 be considered after being read once by title only. Bastian reads Ordinance
#475 by title only. Seconded by Guerber. ALL A YES: MOTION CARRIES.................
Bastian moves that Ordinance #475 be adopted. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: ALL AYE: MOTION CARRIES...................
C. Ordinance No. 476: An Ordinance Amending Eagle City Code, Title 8, Chapter 8, Section 3,
To Adopt A Applicable Plans And Ordinances For The Eagle Area Of City Impact; And
Providing An Effective Date. (WEV)
Mayor introduces the issue.
Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance #476 be considered after being read once by title only. Bastian
reads Ordinance #476 by title only. Seconded by Bastian. ALL A YES: MOTION
CARRIES.................
Guerber moves that Ordinance #476 be adopted. Seconded by Bastian. Bastian: AYE;
Sedlacek: AYE; Guerber: ALL AYE: MOTION CARRIES...................
e. Review and action on bid to replace fencine around retainine wall at Friendship Park.
(NM)
Mayor introduces the issue and provides Council information on the need to replace the fencing
around the retaining wall.
General Council discussion.
Guerber moves to authorize the Mayor to continue negotiations with Anvil Fence Company
to replace the fence around the retaining wall at Friendship Park at a cost not to exceed
$850.00 Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: A YE: ALL
AYES: MOTION CARRIES..............
E. Review and action on contract for services for facilities manaeer position. (SKB)
Mayor introduces the issue.
Council reviews the job description for the facilities manager position.
General Council discussion.
Bastian moves to approve the contract for the facilities manager position and authorize the
Mayor to sign the Contract with Michael C. McCurry as the facilities manager. Seconded
by Sedlacek. Sedlacek: AYE; Bastian: AYE; Guerber: AYE: ALL A YES: MOTION
CARRIES........
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10.
UNFINISHED BUSINESS:
A. Review and action on lease aereement between Ada County and the City of Eaele for
Ada-Eaele Sports Complex. (SEB)
Mayor introduces the issue.
General Council discussion.
Council concurs that they need to review the facilities with the arborist and the new facilities
manager.
Bastian moves to continue this item to the July 6, 2004 City Council meeting. Seconded by
Guerber. ALL AYES: MOTION CARRIES...............
B. Review and action on Quote for laptop computer. (SKB)
Mayor introduces the issue.
General discussion.
Guerber moves to authorize Councilman Bastian to identify the appropriate purchase of a
lap top computer for the Mayor with all of the appropriate bells and whistles and authorize
the expenditure of $2,600.00. Seconded by Sedlacek. Discussion. Bastian: A YE; Sedlacek:
AYE; Guerber: AYE: ALL AYES: MOTION CARRIES.................
Guerber moves to authorize Council Bastian to purchase an appropriate computer for the
Historical Society with an expenditure no greater than the Mayor's lap top ($2,600.00).
Seconded by Sedlacek. Discussion. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYES: MOTION CARRIES.................
11. REPORTS:
Zoning Administrator Report: Planner Baird-Spencer: would you like the City Attorney to be part of the
pre-meeting with Melrose. Council concurs.
You will have a joint meeting on June 29, 2004 on the impact area. Discussion on the format for the town
hall meetings and hearing notification.
Zoning Administrator Vaughan: Report and discussion on the Lindley property. Discussion on annexing
the property when approved by the County.
City Attorney Report: Discussion on Idaho Power issues.
Review of drafted vendor ordinance amendments. General discussion.
Don Knickrehm who is a very accomplished real estate attorney has volunteered to help me draft a
commercial lease agreement and the RFP at no cost to the City. I will meet with Don on Monday to
discuss the lease and the RFP. General discussion.
Discussion on Tom Holdridge placing his new liquor license The Cellars at City Market. General
discussion.
City Clerk Report: Council meeting July 6, 2004, 6:00 p.m. for a budget workshop.
Mayor and Council Reports:
Guerber: When is the Mayor going to get her picture on the wall.
Discussion on the trees being moved on the Baptist Church property. Zoning Administrator to look into
this.
There is a leak in the sprinkler system at Friendship Park.
Discussion on the entry at Eagle Ranch on Ranch Drive which does not belong to the Subdivision, the trees
need to be taken care of and the weeds are becoming overgrown. There was never a Homeowner's
Association for this subdivision. The arborist should look at the trees and we need to have Trautman's look
at the rest of the area and take of the weeds.
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Bastian: Discussion on the meeting with Ron Baker and Terry Loftus on the Library Budget. General
discussion.
Reporting on AlC annual meeting in reference to broadband services. General discussion. I will arrange a
pre-council presentation on this concept.
Sedlacek: No report.
Mayor: Thank you Lynne for arranging the meeting with the Sewer District. It was a very productive
meeting.
Discussion on the Contract with Ada County Sheriff's Office. General discussion.
Discussion on a Children's Theater for February 2005. The Arts Commission needs a $500 deposit.
Discussion on a meeting with St. Lukes.
Discussion on rate increase on water service for City water system.
City Engineer Report: No report
12. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:25 p.m.
Respectfully submitted:
1<-
SHAR N K. BERGMANN
CITY CLERKffREASURER
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`C
June 22, 2004 - Suggested changes from Land Consultants Inc
• Development Agreement - Delete Development Agreement recommended
condition # 2.5 requiring compliance with ITD since it is already Site Specific
Condition #2 and Standard Condition #1
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply w ith a 11 s ite s peci fisc r ecommendations o f the City's Engineering firm (Holladay
Engineering.
2. Comply with all conditions of the Ada County Highway District and the Idaho Department
of Transportation.
3. The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho Department of Iands have
been complied with, or are conditions of compliance, regarding any pond or wetland
alteration and/or related items.
4. The developer shall provide 3 -inch minimum caliper shade -class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within
this development. Trees shall be placed at the front of each lot on the side lot lines, or as
approved by the Design Review Board. The trees shall be located in the 5 -foot wide
landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of
all landscape and irrigation improvements within the 5 -foot wide landscape strip. 'frees shall
be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy
may be issued if weather does not permit landscaping.
The meandering pathway/trails within the subdivision shall be constructed as follows: (Due
to the change in the lot and open space configuration, the original condition of approval
does not wholly apply in this current plan. Because the majority of the condition listed text
that required a 10 foot wide pathway to he constructed within the twenty-five foot (25) wide
easement along the South Channel of the Boise River, staff recommends the following:
/t/
6. Construct a sportsman's access parking lot to be located within Lot 1, Block 1, with a
minimum of six_(6) paved parking spaces. Delineate an easement on the final plat permitting
access to the Sportsman's access parking lot. Signs indicating that the parking lot is for the
eetrian access stating "River access narking
ncrmitted" for the six spaces shall be posted within said parking lot.
on th - _ - . remerttien ed-E1eta4s Locations of signs shall be reviewed by
Within the twenty-five foot (25') wide easement along the South Channel of the Boise
River, and extending along the entire length of the development, construct a minimum
ten -foot (10') wide pathway consisting of a compacted, crushed cinder material. The
pathway shall be constructed prior to the issuance of any building permits for homes
within the subdivision. T he pathway may b e constructed to a minimum of 5 -feet in
width and with natural terrain where and if wetlands interfere with construction.
staff prior to the installation of the signs.
7. The street configuration shall remain substantially as shown on the Preliminary
Development Plan as submitted to the City with this application.
8. The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan and final plat for this site.
9. in instances where the floodway line intersects the building lots, that portion of those lots
lying within the floodway (as determined by FEMA) shall be "non -build" portions of the lots
and no encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle
City Code Section 10-1-8-5 (D). No equipment or vehicles shall be stored, or any solid -face
fences constructed, on any portion of these lots lying in the floodway and such shall be a
condition to be w ithin t he C C&R's. A n otc s hall b e p laced o n the final plat generally
stating this requirement.
10. If the City Council approves the installation of gates on the private roadways, then the
developer shall install emergency vehicle actuator devices on the gates, with the type of
actuator device to he approved by the Eagle Fire Department. (Note: While the Commission
initially was not in favor of private roadways(with regard to the original plan submittal), the
need to limit public access to the private ponds and to provide an element of security for the
residents of the development, i 1 was felt t hat a p rivate road a nd a ssociated gate(s) w ere
warranted.
If the Council approves the private roads, the northerly private roads shall be delineated
within a 5 0 -foot w ide c ommon lot a nd b lock designation and the southerly road shall be
within a 50 -foot wide easement, and shown as such on the final plat.
12. If the Council approves the private roads, provide a note on the plat that states there shall be
no parking allowed within the 24 -foot wide private roads. Provide a statement in the
CC&R's that prohibits parking on the 24 -foot private roads. "No Parking" signs shall be
posted on one side of the private roads prior to the issuance of any Certificates of
Occupancy.
13. If the Council approves the 24 -foot wide private roads, provide a note on the plat and within
the CC&R's that states that each lot owner within that abuts the private road has the perpetual
right of ingress and egress over the 24 -foot wide private roads, and that the perpetual right
shall run with the land.
14. If the Council approves the ! ► foot wide private road, provide a copy of the Subdivision's
CC&R's providing a plan and chedulc for the future repair and maintenance of the 24 -foot
wide private roads. The CC&R's shall be reviewed and approved by the City Engineer prior
to the City Clerk signing the final plat.
15. if the Council approves the 24 -foot wide private roads, provide a note on the plat that states
that the r estrictivc covenant for maintenance o f t he 2 4 -foot wide private roads cannot be
modified and the homeowners' association cannot be dissolved without the express consent
of the City.
16. If the Council approves the 24 -foot wide private roads, the applicant shall submit payment in
the amount of $1,312.00 based upon $400.00 (base fee) plus 0.38 cents per lineal foot
(approximately 2,400 -lineal feet of private roads, proposed within the subdivision).
17. Comply with all conditions of FPDP-2-03.
18. All new construction and substantial improvement of any residential structure shall have the
finish floor elevation of the lowest floor elevated to a minimum of two feet (2') above the base
flood elevation.
19. Comply with all conditions of the Chevron Pipeline as stated within the letter date stamped
by the City on June 9, 2003.
20. Place a note on the final plat referencing the instrument number (99117198) for the
greenbelt easement bordering the northern portion of this development. The note shall
further state that the 25 -foot wide easement is for the use by the general public for
pedestrian, equestrian and other non -motorized access in favor of the City of Eagle.
21. The applicant shall place a note on the final plat that all common lots are to be owned and
maintained by the Laguna Pointe Homeowner's Association. The applicant shall provide a
copy of the CC&Rs which include a similar statement regarding the common lots for review
and approval, prior to the City Clerk signing the final plat.
22. The applicant shall coordinate with the developer of the combined residential/commercial
project (Lakemoor) located to the south of this development and ACHD regarding the
location of a stub street to provide connectivity between the two developments, as well as
effective access to the proposed traffic signal at the intersection of Eagle Road and
Colchester Drive.
23. All existing buildings that will interfere with the proposed roadways or lot lines shall be
removed from the site prior to the City Clerk signing the final plat
24. Place a note on the final plat which provides cross access over the pond areas between all
lots abutting extending over the proposed pond areas.
25. Provide plans to the City Engineer regarding the alteration of the ponds on Lot 5, Block 1,
with details regarding the process of reclaiming any portion of the pond(s) in relation to the
construction or enlarging of any building pad.
26. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or
as otherwise determined by the City Forester. All fallen trees along the South Channel of the
Boise River and within the slough along the southern boundary of this site shall be left in
their natural state to provide habitat for the existing birds and animals unless within water
feature areas and or required to be removed for safety issues. A detailed landscape plan
showing how the trees will be integrated into the open space areas or private lots (unless
approved for removal by the City Forester and the Design Review Board) shall be provided
for Design Review Board approval prior to the submittal of a final development plan and
final plat.
27. Alt healthy trees (as determined by the City Forester) shall be preserved and integrated into
the open space design for the development or within the private lots. A revised preliminary
plat and revised landscape plan showing how the trees will be integrated into the open space
areas shall be provided for Design Review Board approval prior to the submittal of a final
development plan and final plat.
28. The applicant shall have an on-site meeting with the City Forester to survey all existing
trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to
the City Forester's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
29. Provide construction plans to the City Engineer for review and approval which detail how
the proposed waterways are to be maintained, methods (such as aeration) that will prevent
stagnation and breeding of pests, and how storm water is to be accommodated, prior to the
City Engineer signing the final plat.
30. Final development p lans s hall b e r eviewed a s " New B usiness" i tems a nd n of a s " Public
Hearing" items unless the City determines that any difference between the preliminary
development plan and final development plan needs additional public comment because of
possible impacts to surrounding property owners, to this development, or to the community,
or inconsistency with the conditions herein. If the City determines that a public hearing shall
be held on the final development plan, notice shall be provided for (as was required for the
preliminary development plan).
31. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened
from view from adjacent residences as well as passing pedestrians and motorists. Building
materials proposed for the station enclosure and planting details for screening the structure
shall be submitted for review and approval by the Design Review Board prior to the
submittal of a final development plan and final plat.
32. All pond and waterway banks shall be planted with natural grasses and plants. Planting
details shall be submitted for review and approval by the Design Review Board prior to the
submittal of a final development plan and final plat.
33. The applicant shall submit cut sheets showing street lighting details for review and approval
by the Zoning Administrator prior to the submittal of a final development plan and final plat.
The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting.
34. Useable open space amenities, subdivision signage, common area, street trees, existing trees,
pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the
Design Review Board prior to the submittal of a final development plan and final plat.
35. The applicant shall submit a design review application and landscape plan showing fencing
(if proposed), trees, landscaping, and berming, and planting details within the required 7 -5 -
feet -wide buffer area along Eagle Road abutting this site for review and approval by the
Design Review Board prior to the submittal of a final development plan and final plat.
36. Building envelopes shall be depicted on the final plat for all lots located within 50 -feet of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for final
plat. The building envelopes shall be shown on the final plat to reflect the minimum 50 -foot
setback from the floodway line. No construction shall be permittcd within the 50 -foot
floodway setback.
37. The entire Laguna Pointe development shall remain under the control of one Homeowners
Association.
38. The applicant shall provide construction drawings for a pressurized irrigation system to
service each lot for review and approval by the City Engineer, at the time a final
development plan and final plat is submitted to the City. The system shall be designed to
meet all standards as required by the City Engineer.
39. The CC&R's for the Laguna Pointe Homeowner's Association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code.
40. The CC&R's for the Laguna Pointe Homeowner's Association shall provide that the storage
of any vehicles, whether they be automobiles, recreational vehicles and equipment,
watercraft and the like shall only be stored in an enclosed garage, or within the side lot arca
screened by a fence, upon each Lot.
41. Place a note on the final plat which states in general that surrounding land with farm uses
and related activities shall be protected pursuant to the Idaho Right to Farm Act.
42. The applicant shall take care to locate and protect from damage existing utilities, pipelines
and similar structures. Documentation indicating that "Digline" has performed an inspection
of the site shall be submitted prior to the issuance of any building permits for the site.
43. Any stub street which is expected to be extended in the future shall be provided with a
sign generally stating that, "This street is to be extended in the future".
44. Laguna Point removal of overburden off-site
Site excavation for Laguna Pointe may result in an overburden of material not able to be utilized
on site. Removal of any overburden shall be permitted to occur and shall be completed within
one year after approval of the Preliminary Development plan for Laguna Pointe. A one year
extension may be granted by the City Council, if requested by the applicant. Hours of operation
shall comply with the City's noise ordinance.
4)()2
l/ -� r
P)"`A/L4"
PUBLIC WORKS DEPARTMENT
CITY HALL
June 22, 2004
Jeff Lowe, Planner II
City of Eagle
PO Box 1520
Eagle, ID 83616
C ' ? 1' - TRE E S
-,:7? 2 -o'/
DAVID H BIETER
MAYOR
COUNCIL MEMBERS
M JEROME MAPP
COUNCIL PRESIDENT
MARYANNE JORDAN
COUNCIL PRO -TEM
Re: Laguna Point Subdivision — A-2-03/RZ-2-03/CU-5-03/PPUD-1-03IPP-3-03
Dear Jeff
VERNON L. BISTERFELDT
ELAINE CLEGO,
DAVID EBE LE
ALAN W. SHEALY
Boise Public Works has reviewed the revised preliminary plat. The concerns expressed in our
December 9, 2003 letter (copy attached) remain. In fact, the increase in number of lots along our
property (from three to five lots) has increased our concerns.
Our primary concern is to preserve our ability to utilize our property in the future for wastewater
treatment. This is vital to enable us to continue to serve our customers (including the Eagle
Sewer District). Therefore, Boise Public Works opposes the proposed zoning and subdivision,
and requests that the City of Eagle deny the application.
If the application is approved, Boise Public Works requests that the following conditions be
placed:
1. The Developer shall include the following note on the face of the plan and in the
recorded covenants: "The property southerly of and easterly of lots 16, 17, 18, 19
and 20 is owned by Boise City Public Works Department for use as a sewage
treatment facility. Construction of the wastewater treatment structures on this
property is envisioned at some point in the future." In addition, the Developer shall
provide signs of at least 24" x 36" with the above wording. Such signs shall be
placed in a visible location along the south property line, at a spacing not to exceed
200 feet, and shall be maintained in place until lot development is complete.
2. The Developer shall include in the development a substantial landscape berm along
the south property line of lots 16, 17, 18, 19 and 20, and along the south half of the
eastern property line of lot 16. The landscape berm shall be approximately seven feet
in height and include substantial landscape plantings with a variety of height and
type, and such landscaping shall include both deciduous and evergreen trees.
Maintenance of the landscaping shall be provided for in the recorded covenants.
CITY HALL • 150 NORTH CAPITOL BOULEVARD • P.O. BOX 500 • BOISE, IDAHO 83 70 1-0500 • 208/384-3900
FAX 208/384-390: • An Equal Opportunity Employer • wv, a cltyofboise.org
m;ed oa rectrded naoer
June 22, 2004
Jeff Lowe, Planner
City of Eagle
Page 2
3. Prior to final plat approval, the Developer shall enter into an agreement with the City
of Boise which acknowledges that the City of Boise does not have any maintenance
responsibilities for the flood control dikes to protect the development property. The
agreement shall contain language which holds the City harmless from any damage
claims as a result of a breach of the dike. The agreement shall be binding on
successors and recorded with Ada County.
Thank you for your consideration.
Sincerely
'vS l J
Robert J. Bous
Assistant City Engineer
RJB/rb
Attachments
cc: Mayor & Council
Jade Riley
John Tensen
H:1Laguna.doc
06/22/04
Page Name AAAAA031212002538562.TIF Page Number 1 Application: BOISE DISCIMAGE By: ROBB Printed On: 06122/2004 1:40:18 PM Folder. Project/Program
PUBLIC WORKS DEPARTMENT
CITY HALL
December 9, 2003
Colleen T. Carroll
Planning Assistant
City of Eagle
310 E. State St.
Eagle, ID 83616
BOISE
CITY OF TREES
-NOW-
CAROLYN TERTELING-PAYNE
MAYOR
M. JEROME MAPP
COUNCIL PRESIDENT
JON MASON
COUNaL PRO TEM
COUNCIL MEMBERS
VERNON L. BIS'ERFELDT
PAULA B. FORNEY
MARYANNE JORDAN
ALAN W. SHEALY
RE: Public Hearing for A-2-03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-03 — Laguna Pointe
Planned Unit Development
Dear Colleen:
The City of Boise requests this letter be included in the public hearing record for the above -
referenced development application. We apologize for not commentingearlier in the review
process. In summary, we have two major concerns with this development request; 1) the
potential incompatibility of the requested zoning change to allow increased development density
adjacent to our West Boise Wastewater Treatment facility and 2) the potential for the property to
be flooded under relatively low river flow conditions. Each of these concerns is addressed below.
ZONING CHANGE INCOMPATIBILTY
The City of Boise owns .property adjacent to the southerly, easterly and westerly sides of lots 23,
24 and 25 (please see attached map) of the proposed Laguna Pointe Subdivision. This property
was purchased by the City of Boise and is being reserved for future expansion of the Boise City
West Boise Wastewater Treatment Facility. This application is a request for a rezone of the
property from A -R (Agricultural -Residential) which generally allows 1 unit per 5 acres to a
zoning of R -2 -DA -P (Residential up to two units per acre) and a zoning of R -E -DA -P
(Residential Estates up to one dwelling unit per acre).
The current zoning is generally compatible with the present and future uses of our property. The
request for increasing the allowed development density concerns the City of Boise as to whether
that compatibility will remain. Boise City prides itself in operating our facilities in a manner
which is acceptable to our neighbors. Wastewater treatment facilities, even if run properly, can
cause concerns regarding odors and noise. The chances of complaints increase substantially if
residential uses are allowed adjacent to the treatment plant operations. Mitigating these concerns
to the point of eliminating them under all circumstances is very expensive. Therefore, in general,
we would not support increasing the number of houses that could be built adjacent to our
facilities.
CITY HALL • 150 NORTH CAPITOL BOULEVARD • P.O. BOX 500 • BOISE. IDAHO 83701-0500 • 208/384-3900
FAX 208/384-3905 • An Equal Opportunity Employer • www.cityofboise.org
Printed on recycled paper eo+
Page Name AAAAA031212002538875.T1F Page Number 2 Application: BOISE DISCIMAGE By: ROBB Printed On: 06/22/2004 1:40:19 PM Folder: Project/Program
City of Eagle
Re: Public Hearing Laguna Pointe
December 9, 2003
Page 2
Our first request is that the zoning change not be approved for the portion of the property in
which lots 23, 24 and 25 are proposed and only one home be allowed in this area. The home
should be required to be constructed on the westerly side of the property (i.e. in the vicinity of
proposed lot 25). This would generally be consistent with the current zoning of 1 unit per 5
acres. Should, however, the Eagle City Council decide to approve this development as proposed,
we would request the following condition be included in the conditions of approval:
The Developer shall include the following note on the face of the plat and in the recorded
covenants: "The property southerly of and easterly of lots 23, 24 and 25 is owned by Boise
City Public Works Department for use as a sewage treatment facility. Construction of
wastewater treatment structures on this property is envisioned at some point in the future':
This is a similar note to what was included in the land trade agreement between the City of Boise
and Dennis Baker for the proposed Fall Creek Subdivision. At a minimum, this would alert
future buyers of these lots as to their close proximity with Boise City's Wastewater Treatment
Facility present and future operations.
PROPERTY FLOODING POTENTIAL
We also believe it is important .to note that the parcel southerly of proposed lots 1 and 3 (please
see attached map) and possibly lots 1 and 3 have been subject to flooding within the last ten
years at relatively low flows of 7,000 to 8,000 cfs. This flooding has occurred through a breach
in the south channel river bank on Boise City property upstream of the development. The flood
water has flowed across the Boise City property southerly of the development property and has
in the past flowed back to westerly end of the proposed development property. The flood flows
have at times exceeded the capacity of culverts crossing Eagle Road resulting in surface flows
across Eagle Road on the west side of the development.
When this flooding occurred, Boise was asked to provide assistance to repair the breach in the
dike along river bank. Boise chose to assist in the repair of the dike primarily to eliminate
nuisance of flooding on Boise City property. This dike, at least for the time being, has
eliminated the low flow river flooding problem. This dike however is not constructed to any
standard to prevent flooding from major flows in the river, nor is it constructed to any standards
generally accepted by the Federal Emergency Management Agency (FEMA). Furthermore,
Boise does not take any responsibility for its long term maintenance. We would therefore
request the following condition of approval also be added:
"Prior to approval of the plat by the City of Eagle, the developer shall enter into an
agreement with the City of Boise which acknowledges that the City of Boise does not have
any maintenance responsibilities for the flood control dikes to protect the development
property. The agreement shall contain language which holds the City harmless from any
damage claims as a result of breach of the dike. The agreement shall be binding on
successors and recorded with Ada County."
Page'Name AAAAA031212002539625.TIF Page Number 3 Application: BOISE DISCIMAGE By: ROBB Printed On: 06122/2004 1:40:20 PM Folder: Project/Program
City of Eagle
Re: Public Hearing Laguna Pointe
December 9, 2003
Page 3
Thank you for your consideration of our concerns. Should you have any questions, please feel
free to call me at 384-3900.
Sincerely,
4a.
D. Tensen, P.E.
City Engineer
JDT/cvs
cc: Chuck Mickelson, Public Works, Director
Doug Strickling, Legal, Assistant City Attorney
Rich Dees, Public Works, Operations Manager
SF West Boise Wastewater Treatment Plant 2.3
IAU'SERSUGHNT1msofce\Word\W BOISEELaguna Pte Dcv Eagle.doc
Page Name AAAA4031212002539890 TIF Page Number 4 Application BOISE DISCIMAGE By`ROBB Printed Own ',O,,,„.2fl04 1 40 21 `P.. Folder Project/Program
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ILIILAaUNA POINTE SUBOIY SION
PRELIMINARY DEVELOPMENT PLAN
' 1 ! eDrAND PPE.1MIINIA RY PLA'.
1 .� I�IAev WV ..Oe,u/.
TovTn1y11-0RIOn 71[lcmelfll, 0 caatAXT 1 •�
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INTER
OFFICE
City of Eagle
Zoning Administration
To:
From:
Subject:
Date:
Attachment(s):
Copy To:
Mayor Merrill and City Council Members
Nichoel Baird Spencer, AICP, Planner III
Western Area Plan -Public Workshops
June 22, 2004
Post Cards, transmittal
N/A
The City Council and Planning and Zoning Commission will be hold in their third joint
workshop on June 29, 2004 to review the map and policies changes for the western planning
area. After this meeting I believe we will be prepared to hold a series of public workshops before
beginning the formal hearing process. Additional work sessions provides the public additional
input and the P&Z and CC a chance to hear and concerns, oppositions or support before entering
into the hearing process. Staff proposes the following meeting dates:
July 12, 2004
July20, 2004
July 21, 2004
Chamber and Agency Open House
Public Open House
Public Open House
4:00-8:00 pm
4:00-8:00 pm
4:00-8:00 pm
Staff proposes to use either an open house format establishing eight (8) stations each staffed by a
council member, P&Z member or staff to talk about the concept plan and draft policies for that
area. This format provides the public some flexibility to come and go as well as provides
focused discussion on each specific area or to hold the same format as previous sessions with
general overview and questions with individual map work by table.
It is anticipated that notice will be mailed to all our contacts and potentially a utility bill stuffing
from the sewer district. Estimated costs area s follows:
Utility Bill Stuffing: 4300 copies @ $.09 each = $387
Direct mailing 2000 pieces @ $.30each = $600
Staff is looking for direction on format, scheduling and noticing of these meetings.
Page 1 of 1
K:1Pbmniag Dept mpact Area12004114od Use WorkshopsUaoe 22 04 mel.doc
• 1
Soaring 2025:
Envisioning the City of Eagle of Tomorrow
Help Eagle Plan for Our
Future!
The City of Eagle will be hosting an open
house to discuss the proposed land use
map and policies for the City of Eagle and
the western area of city impact expansion.
Eagle Senior Center
4:OOpm to 8:OOpm
Tuesday July 20' & Wednesday July 21st
Refreshments provided
This is an open house with several stations dealing with specific
planning areas.
Policies & Maps available for view on-line at www.citvofeaaie.ora
Questions: Nichoel Baird Spencer, AICP 939-0227
Soaring 2025:
:{ Envisioning the City of Eagle of Tomorrow
Help Eagle Plan for Our
Future!
The City of Eagle will be hosting an open
house to discuss the proposed land use
map and policies for the City of Eagle and
the western area of city impact expansion.
Eagle Senior Center
4:OOpm to 8:OOpm
Tuesday July 20' & Wednesday July 21st
Refreshments provided
This is an open house with several stations dealing with specific
planning areas.
Policies & Maps available for view on-line at y.'ww.citvofeaole.org
Questions: Nichoel Baird Spencer, AICP 939-0227
Soaring 2025:
Envisioning the City of Eagle of Tomorrow
Help Eagle Plan for Our
Future!
The City of Eagle will be hosting an open
house to discuss the proposed land use
map and policies for the City of Eagle and
the western area of city impact expansion.
Eagle Senior Center
4:OOpm to 8:OOpm
Tuesday July 20' & Wednesday July 21st
Refreshments provided
This is an open house with several stations dealing with specific
planning areas.
Policies & Maps available for view on-line atwww.citvofeaale.org
Questions: Nichoel Baird Spencer, AICP 939-0227
Soaring 2025:
:1 Envisioning the City of Eagle of Tomorrow
Help Eagle Plan for Our
Future!
The City of Eagle will be hosting an open
house to discuss the proposed land use
map and policies for the City of Eagle and
the western area of city impact expansion.
Eagle Senior Center
4:OOpm to 8:OOpm
Tuesday July 20' & Wednesday July 21st
Refreshments provided
This is an open house with several stations dealing with specific
planning areas.
Policies & Maps available for view on-line atwww.citvofeaole
Questions: Nichoel Baird Spencer, AICP 939-0227
CITY OF EAGLE
P. O. BOX 1520
EAGLE, IDAHO 83616
FAX: 938-3854
TRANSMITTAL DATE: June 23, 2004
SUBJECT: The City of Eagle will be holding an open house to present the future land use designations and policies for the
area located between Linder Road and State Highway 16, and generally between State Highway 44 and Homer Road (the
foothills). The City would like your agency to attend this meeting at the Eagle Senior Center to discuss the impact of land
use on long term utility planning and service needs for the above described area. Please RSVP to the Eagle Planning
Department, attn: Colleen Carroll, 939-0227, if you plan on attending. We hope to see you all there.
WORKSHOP MEETING DATE: JULY 12.2004
4:OOpm- 8:OOpm
Eagle Senior Center
TO:
Ada County Development Services
Ada County Highway District - Attn: Joyce Newton, Don Kostelec
Ada County Sheriff —Attn: Dana Borquist
BFI
*Ballantyne Irrigation Ditch Company
Boise School District — Attn: Sarah Stobaugh
Cable One
Central District Health
Chevron Pipeline
COMPASS
DEQ
Drainage District #2
EM Two
Eagle Fire Dept
Eagle Water Co.
Eagle Sewer District - Attn: Lynn Moser
*Farmers Union Ditch Co. Ltd.
Idaho Department of Water Resources
Idaho Fish and Game
Idaho Power
Intermountain Gas
ITD - Attn.: Dan Coonce
Meridian School District
New Dry Creek Ditch Co. - Attn: Dana Purdy
New Union Ditch Co. - Attn: George Transtrum
PUC
TCI
Qwest — Attn: Cindi Davis
United Water - Attn: Dan Brown
Sincerely,
Nichoel R. Baird Spencer, AICP
Planner III
cc: Mayor & City Council members
* Indicates mail instead of fax
Page 1 of 1
K:1Planning Dcptllmpact Are t12004Mgencics Workshop 7-13-04ent doc
20 Manning July 2004
By Lois Rosenblum
Americans h
technologies have invigorated t
brow planners are looking
toward the biotechnology
industry as a good bet for
long-term economic
growth.
States and regions across
the nation are developing
strategies to grow their
own clusters of biotech companies, much like
those that have emerged in Boston, San Fran-
cisco, the New York City area, San Diego,
Raleigh-Durham, and Washington -Baltimore.
Areas beginning to emulate these successes are
in upstate New York, Pennsylvania, Florida,
Tennessee, Michigan, Missouri, and Georgia.
Biotechnology companies in the U.S. now
number 1,457 and employ 191,000 people,
according to the Biotechnology Industry Or-
ganization. Revenues jumped from $8 billion
in 1992 to $34.8 billion in 2001, when bio-
technology companies spent $15.7 billion on
research and development. It is not surprising
chat many states and regions seek to replace
jobs in declining, older extractive and manu-
American Planning Association 21
supported research that provides a source of
basic (i.e. not applied) research that can be
a commercialized (i.e., applied).
Beyond that, state and regional govern-
ments must promote a compatible business
climate by supporting emerging industries
through tax incentives, loans, grants, and a
favorable regulatory environment. An edu-
cated, technically skilled workforce, or plans
to develop one, must exist. A community
must also present and promote a good quality
of life to lure people and companies from
other places.
The tool of elmice
A research park has become the tool of choice
for localities seeking to encourage biotechnol-
ogy growth through a partnership of govern-
ment, academia, and industry. Research parks
consist of master planned land and buildings
designed for public and private applied re-
search. They often house the full continuum
of science, including applied research, tech-
nology transfer, and mature corporate research
and development. They also provide high-
quality space for both start-up firms and es-
tablished businesses. Incubator facilities, geared
towards start-up companies, often contain
subsidized research space, financial, legal, and
coiiomy throughout our history.
facturing industries with jobs in biotechnol-
ogy, a field that involves sophisticated services
and products that can compete in national
and international markets.
The key requirement for a successful biotech
industry in a particular place is a cluster or
concentration of such businesses. Biotechnol-
ogy is a collaborative enterprise, involving
joint ventures and partnerships with other
companies and universities.
Several factors predict the successful devel-
opment of a cluster. Most important is a
strong scientific base. This is generally com-
prised of human resources and facilities of
local universities and medical institutions in-
cluding, at best, a foundation of federally
Users customized
this laboratory space
module at New York
University, placing
rvorkbenches at both
standing and sitting
heights.
i2 Planning July 2004
accounting services, and shared equipment
and conference facilities, with the hope that
the nurtured companies will be successful and
mature into established businesses.
In many instances, university technology
transfer programs are the source of business
startups and a key interface between academic
research and industry. More mature businesses
occupy space expecting to benefit from the
synergies created through human interaction
and the sharing of resources with other tenants,
including access to the university's researchers,
students, facilities, programs, and equipment.
Regional and state governments see the
park as an economic development tool. A
university looks for related business opportu-
nities for faculty, training and employment
opportunities for students, or opportunities
for enhancing intellectual property -technol-
ogy transfer. Private industry seeks to develop
a cluster of like-minded businesses.
Every state in the U.S. has at least one
research park and most have more. The State
University of New York at Albany East Cam-
pus Biotechnology Park, for example, is based
on the co -location model of state govern-
ment, academia, and industry, and through
the convergence of these three sectors is in-
tended to be a magnet for the business of
research and development.
Tom Robinson, associate operations man-
ager at East Campus says, "The East Campus
demonstrates the university's commitment to
biotechnology and the science of genomics."
Its goal is to create regional and university
research facilities to attract biotechnology com-
panies and nationally regarded faculty and to
raise regional competitiveness.
In March 1996, the university used a $5
million state grant to buy a defunct pharma-
ceutical company's campus with 365,000 square
feet of space on 58 acres of land. With addi-
tional state grants, the campus has been ex-
panded to 87 acres. Plans call for a total of one
million square feet of new space. The first new
multi -tenant research and development facil-
ity is now under construction.
Similarly, in 1997, SUNY at Farmingdale
initiated the idea of a biotech incubator on its
campus. The school wanted to create an op-
portunity for students to gain hands-on expe-
rience with the technology they learned in the
classroom and to benefit from internships
and interaction with private companies.
The local business community was sup-
portive, because a technical skill base was
important for stimulating business activity
across Long Island. Cold Spring Harbor Labo-
ratory, an independent, nonprofit research
Ernhorn Yafee Prereou
•
•
•
1
Research
Incubator
Education
Existing Adjacent Development
Corporate R&D
Campus Amenity
East Campus Site Boundary
Existing
Development
Existing
Development
institution in Cold Harbor, also became in-
terested in the concept. It licenses spin-off,
for-profit companies to develop commercial
applications for its scientific discoveries, and
saw the research park as a way to keep compa-
nies from leaving Long Island and rhe state.
The state provided $15 million to finance the
first building on the campus, and the univer-
sity dedicated 20 acres of land to create Broad
Hollow Bioscience Park.
"The mission of Broad Hollow Bioscience
Park, says executive director Greg Blyskal, is
to promote economic growth by supporting
the commercialization of new technologies in
the field of biotechnology and the develop-
ment of a highly qualified workforce required
by an expanding bioscience industry."
The park has stimulated a cluster of biotech
companies in what has come to be known as
Long Island's Route 110 Bioscience Corri-
dor. The park helps start-up companies by
providing affordable research labs and shared
facility resources, by utilizing the resources of
the SUNY Farmingdale campus, and by
partnering with surrounding businesses and
research institutions. In return, tenants pro-
vide student internships and guest lecturers
for the university's biotechnology program.
Business parks came first
Biotech research parks have evolved from in-
dustrial and early high-tech parks. The first
industrial park in the U.S. is said to be the
Central Manufacturing District in Chicago,
established in 1905 when groups of investors
bought land adjacent to the stockyards. In
luring businesses from other parts of Chicago,
rhe district touted efficient rail, street clean-
ing, electrical, fire protection, and telegraph
services as well as an excellent local labor
market. The idea of concentrating industries
in one location caught on after World War I,
when there was a great industrial push to
invigorate the economy.
The idea was expanded in 1946 when
Stanford University, along with a small group
of business executives, created the Stanford
Research Center, a West Coast hub of inno-
vation, to support the region's economic de-
velopment. Its focus was applied research that
didn't fit into the traditional areas of univer-
sity study. In the 1950s, the university estab-
lished the renowned Stanford Industrial Park
in what later became known as Silicon Valley
in northern California.
At the time, the university needed money to
finance rapid postwar growth, and although it
was cash poor, it had an abundance of land. Its
original land grant prohibited the sale of land,
Resource,
On the web: Association of University Re-
search Parks: www.aurp.net. Biotechnology
Industry Organization: www.bio.org. New
York State Office of Science, Technology and
Academic Research: www.nystar.state.ny.us.
The master plan for SUNY at
Albany East Campus (Icf) include.,
amenities such as the cnnrmuns and
a child care center at the heart of the
campus, and zones Polities for
research, incubator, and Re D uses.
Security is important for biotech
research parks, which may be the
target ofvaried threats, one ofthem
suggested by this airborne display at
Bio 2001, the International Biotech
Convention (below).
but nothing prevented it from being leased.
When it was ascertained that industry found
long-term leases just as attractive as ownership,
the Stanford Industrial Park was established
with the goal of creating a center of high tech-
nology focused on electronics and semi -conduc-
tors and later microprocessors and computers.
Another early research park was Research
Triangle Park in North Carolina, also based
on the concept of cooperation among re-
search organizations. It was established in
1959 between Duke University in Durham,
North Carolina State University in Raleigh,
and the University of North Carolina at Chapel
Hill. It now houses more than 100 start-up,
mid-sized, and Large research and develop-
ment companies and institutions that employ
more than 38,500 people.
Cummings Research Park in Huntsville,
Alabama, founded in 1962, in its early days
helped to establish and guide the develop-
ment of the country's space and missile pro-
grams. Since then, it has evolved into a center
for research and technology development and
a model for transforming research into busi-
ness success through technology transfer and
incubation programs. It houses 220 coinpa-
nies with 22,500 employees.
Early research parks focused on technology in
areas such as electronics, semi -conductors, de-
fense, space, microprocessors, and computers.
The early parks then required access to rail and
other transportation hubs to ship products.
Biotechnology takes the spotlight
Biotechnology, as we know it today, emerged
in the 1960s and 1970s when our under-
standing of biology reached a point where we
could use cells to devise processes and make
products to improve quality of life. Biotech-
nology has given rise to facilities and research
parks with their own development and func-
tional requirements.
Because biotech parks are often market-
driven, the park's master plan must be flexible
enough to respond to emerging market trends.
And it must provide amenities to meet ten-
ants' expectations—a fitness center, child care
center, and an impressive physical setting with
easy access to research institutions, transpor-
tation, and cultural activities that attract skilled,
scientific personnel.
Amidst emerging concerns about the envi-
ronment, parks must be planned in harmony
with natural features rather than obliterating
them. The expectation for sustainably de -
T signed, energy-efficient buildings is especially
relevant to research buildings used to foster
innovation to improve quality of life.
The one constant in today's research envi-
ronment is that science is continually evolv-
ing and changing, with a trend towards com-
plex instrumentation and robotics, so buildings
must be flexible. They arc often built before
all tenants are identified, so space must be
flexible enough to suit a variety of users.
Modularity and adaptability are the key
attributes for the master plan and building
design in a biotech research park. Modularity
allows buildings to be developed in any se-
quence. If certain buildings are earmarked for
multiple start-up companies and others for
individual, mature R&D companies, it is best
if they can be built in any sequence to meet
market demand.
Modularity also allows space in each build-
ing to be subdivided in a variety of ways. This
is achieved by creating floorplates from repeti-
tive modules of laboratory, support, and of-
fice space. In turn, each module must be
adaptable enough to support a wide variety of
users, while allowing for customization by
individual tenants or researchers.
The building infrastructure, or the me-
chanical, electrical, telecommunications, and
plumbing systems, must be robust enough to
allow the use of' present and future cutting-
edge equipment, some of which will have
stringent temperature, humidity, vibration,
and power requirements. If there are power
losses, or even fluctuations in power, valuable
experiments and precious time are lost; an
uninterrupted power supply and backup emer-
AmCncan Planning Association 23
gency power is required .
Because of the ductwork and piping re-
quired for biotech research, the height be-
tween one floor and the next must be more
than that of a typical office park. The struc-
ture must be strengthened to dampen vibra-
tion and support the heavier load of labora-
tory bench work and equipment.
Over the past several years, we have all
become sensitized to building security. The
very small number of research labs working
with exotic agents and pathogens require ex-
traordinary security technology. For most
biotech parks, the primary security risks arc
theft of equipment, vandalism to the premises
(unfortunately, sometimes the result of the
perpetrator having a misguided concept of
biotechnology's impacts) and, perhaps most
important, theft of intellectual property.
Risk analysis must determine how much
security is needed at a park's perimeter. Secu-
rity features may include controlled access to
the site through a limited number of entry
points and fencing or landscaping around the
perimeter to prevent unwelcome intrusions.
At the building level, security concerns can be
addressed by providing key -card access at en-
tries and additional surveillance or locks at
specific labs, corridors, supply rooms, and
instrument rooms. Mechanical, electrical, and
plumbing systems, especially outdoor equip-
ment, must be protected because damage to
these systems can cause loss of research and
unhealthy conditions within the building.
Beyond the park
While research parks are happening now, sci-
ence cities are the wave of the future. The
science city represents the next step in spur-
ring economic growth. Attracting major re-
search and corporate facilities means creating
great places for living as well as working.
Science cities will include support infra-
structure and amenities necessary for every-
day life—housing, hotels, restaurants, banks,
conference centers, shopping, and recreation.
Partnerships of government, academia, and
private industry will continue to support the
business of technological innovation that will
have a profound ongoing impact on eco-
nomic development and quality of life.
Lois Rosenblum is a principal in the Science + Tech-
nology Group of Einhorn Yaffee Prescott, Architec-
ture & Engineering, with offices in Boston, Albany,
New York Ciry, and Washington, D.C. She may be
reached at Irosenblum@eypae.com or 617-305-9817.
ce
June 22, 2004 - Suggested changes from Land Consultants Inc
• Development Agreement - Delete Development Agreement recommended
condition # 2.5 requiring compliance with ITD since it is already Site Specific
Condition #2 and Standard Condition #1
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply w ith a 11 s ite s pecific r ecommendations o f the City's Engineering firm (Holladay
Engineering.
2. Comply with all conditions of the Ada County Highway District and the Idaho Department
of Transportation.
3. The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho Department of Lands have
been complied with, or are conditions of compliance, regarding any pond or wetland
alteration and/or related items.
4. The developer shall provide 3 -inch minimum caliper shade -class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within
this development. Trees shall be placed at the front of each lot on the side lot lines, or as
approved by the Design Review Board. The trees shall be located in the 5 -foot wide
landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of
all landscape and irrigation improvements within the 5 -foot wide landscape strip. Trees shall
be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy
may be issued if weather does not permit landscaping.
5. The meandering pathway/trails within the subdivision shall be constructed as follows: (Due
to the change in the lot and open space configuration, the original condition of approval
does not wholly apply in this current plan. Because the majority of the condition listed text
that required a 10 foot wide pathway to be constructed within the twenty-five foot (25} wide
easement along the South Channel of the Boise River, staff recommends the following:
Within the twenty-five foot (25') wide easement along the South Channel of the Boise
River, and extending along the entire length of the development, construct a minimum
ten -foot (10') wide pathway consisting of a compacted, crushed cinder material. The
pathway shall be constructed prior to the issuance of any building permits for homes
within t he s ubdivision. T he p athwav m av b e constructed to a minimum of 5 -feet in
width and with natural terrain where and if wetlands interfere with construction.
6. Construct a sportsman's access parking lot to be located within Lot 1, Block 1, with a
minimum of six_(6) paved parking spaces. Delineate an easement on the final plat permitting
access to the Sportsman's access parking lot. Signs indicating -that -the -parking lot is for the
purposes of sportorran's, emergency and pedestrian aaoess stating "River access parking
permitted" for the six spaces shall be posted within said parking lot.
on-theoribing e aferementiorea details Locations of signs shall be reviewed by
staff prior to the installation of the signs.
7. The street configuration shall remain substantially as shown on the Preliminary
Development Plan as submitted to the City with this application.
8. The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan and final plat for this site.
9. In instances where the floodway line intersects the building lots, that portion of those lots
lying within the floodway (as determined by FEMA) shall be "non -build" portions of the lots
and no encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle
City Code Section 10-1-8-5 (D). No equipment or vehicles shall be stored, or any solid -face
fences constructed, on any portion of these lots lying in the floodway and such shall be a
condition to be w ithin t he C C&R's. A n ote s hall b e p laced o n the final plat generally
stating this requirement.
10. If the City Council approves the installation of gates on the private roadways, then the
developer shall install emergency vehicle actuator devices on the gates, with the type of
actuator device to be approved by the Eagle Fire Department. (Note: While the Commission
initially was not in favor of private roadways(with regard to the original plan submittal), the
need to limit public access to the private ponds and to provide an element of security for the
residents of the development, i t w as felt that a p rivate road a nd associated gate(s) w ere
warranted.
11. If the Council approves the private roads, the northerly private roads shall be delineated
within a 5 0 -foot wide c ommon I of a nd b lock designation and the southerly road shall be
within a 50 -foot wide easement, and shown as such on the final plat.
12. If the Council approves the private roads, provide a note on the plat that states there shall be
no parking allowed within the 24 -foot wide private roads. Provide a statement in the
CC&R's that prohibits parking on the 24 -foot private roads. "No Parking" signs shall be
posted on one side of the private roads prior to the issuance of any Certificates of
Occupancy.
13. If the Council approves the 24 -foot wide private roads, provide a note on the plat and within
the CC&R's that states that each lot owner within that abuts the private road has the perpetual
right of ingress and egress over the 24 -foot wide private roads, and that the perpetual right
shall run with the land.
14. If the Council approves the 30 24 -foot wide private road, provide a copy of the Subdivision's
CC&R's providing a plan and schedule for the future repair and maintenance of the 24 -foot
wide private roads. The CC&R's shall be reviewed and approved by the City Engineer prior
to the City Clerk signing the final plat.
15. If the Council approves the 24 -foot wide private roads, provide a note on the plat that states
that t he r estrictive c ovenant for m aintenance o f t he 2 4 -foot wide private roads cannot be
modified and the homeowners' association cannot be dissolved without the express consent
of the City.
16. If the Council approves the 24 -foot wide private roads, the applicant shall submit payment in
the amount of $1,312.00 based upon $400.00 (base fee) plus 0.38 cents per lineal foot
(approximately 2,400 -lineal feet of private roads, proposed within the subdivision).
17. Comply with all conditions of FPDP-2-03.
18. All new construction and substantial improvement of any residential structure shall have the
finish floor elevation of the lowest floor elevated to a minimum of two feet (2') above the base
flood elevation.
19. Comply with all conditions of the Chevron Pipeline as stated within the letter date stamped
by the City on June 9, 2003.
20. Place a note on the final plat referencing the instrument number (99117198) for the
greenbelt easement bordering the northern portion of this development. The note shall
further state that the 25 -foot wide easement is for the use by the general public for
pedestrian, equestrian and other non -motorized access in favor of the City of Eagle.
21. The applicant shall place a note on the final plat that all common lots are to be owned and
maintained by the Laguna Pointe Homeowner's Association. The applicant shall provide a
copy of the CC&Rs which include a similar statement regarding the common lots for review
and approval, prior to the City Clerk signing the final plat.
22. The applicant shall coordinate with the developer of the combined residential/commercial
project (Lakemoor) located to the south of this development and ACHD regarding the
location of a stub street to provide connectivity between the two developments, as well as
effective access to the proposed traffic signal at the intersection of Eagle Road and
Colchester Drive.
23. All existing buildings that will interfere with the proposed roadways or lot lines shall be
removed from the site prior to the City Clerk signing the final plat
24. Place a note on the final plat which provides cross access over the pond areas between all
lots abuttirg extending over the proposed pond areas.
25. Provide plans to the City Engineer regarding the alteration of the ponds on Lot 5, Block 1,
with details regarding the process of reclaiming any portion of the pond(s) in relation to the
construction or enlarging of any building pad.
26. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or
as otherwise determined by the City Forester. All fallen trees along the South Channel of the
Boise River and within the slough along the southern boundary of this site shall be left in
their natural state to provide habitat for the existing birds and animals unless within water
feature areas and or required to be removed for safety issues. A detailed landscape plan
showing how the trees will be integrated into the open space areas or private lots (unless
approved for removal by the City Forester and the Design Review Board) shall be provided
for Design Review Board approval prior to the submittal of a final development plan and
final plat.
27. All healthy trees (as determined by the City Forester) shall be preserved and integrated into
the open space design for the development or within the private lots. A revised preliminary
plat and revised landscape plan showing how the trees will be integrated into the open space
areas shall be provided for Design Review Board approval prior to the submittal of a final
development plan and final plat.
28. The applicant shall have an on-site meeting with the City Forester to survey all existing
trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to
the City Forester's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
29. Provide construction plans to the City Engineer for review and approval which detail how
the proposed waterways are to be maintained, methods (such as aeration) that will prevent
stagnation and breeding of pests, and how storm water is to be accommodated, prior to the
City Engineer signing the final plat.
30. Final development p lans s hall b e reviewed a s " New B usiness" i terns a nd n of a s " Public
Hearing" items unless the City determines that any difference between the preliminary
development plan and final development plan needs additional public comment because of
possible impacts to surrounding property owners, to this development, or to the community,
or inconsistency with the conditions herein. If the City determines that a public hearing shall
be held on the final development plan, notice shall be provided for (as was required for the
preliminary development plan).
31. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened
from view from adjacent residences as well as passing pedestrians and motorists. Building
materials proposed for the station enclosure and planting details for screening the structure
shall be submitted for review and approval by the Design Review Board prior to the
submittal of a final development plan and final plat.
32. All pond and waterway banks shall be planted with natural grasses and plants. Planting
details shall be submitted for review and approval by the Design Review Board prior to the
submittal of a final development plan and final plat.
33. The applicant shall submit cut sheets showing street lighting details for review and approval
by the Zoning Administrator prior to the submittal of a final development plan and final plat.
The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting.
34. Useable open space amenities, subdivision signage, common area, street trees, existing trees,
pathways, buffer areas, perimeter fencing, etc., shall be reviewed and approved by the
Design Review Board prior to the submittal of a final development plan and final plat.
35. The applicant shall submit a design review application and landscape plan showing fencing
(if proposed), trees, landscaping, and berming, and planting details within the required -
feet -wide buffer area along Eagle Road abutting this site for review and approval by the
Design Review Board prior to the submittal of a final development plan and final plat.
36. Building envelopes shall be depicted on the final plat for all lots located within 50 -feet of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for final
plat. The building envelopes shall be shown on the final plat to reflect the minimum 50 -foot
setback from the floodway line. No construction shall be permitted within the 50 -foot
floodway setback.
37. The entire Laguna Pointe development shall remain under the control of one Homeowners
Association.
38. The applicant shall provide construction drawings for a pressurized irrigation system to
service each lot for review and approval by the City Engineer, at the time a final
development plan and final plat is submitted to the City. The system shall be designed to
meet all standards as required by the City Engineer.
39. The CC&R's for the Laguna Pointe Homeowner's Association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code.
40. The CC&R's for the Laguna Pointe Homeowner's Association shall provide that the storage
of any vehicles, whether they be automobiles, recreational vehicles and equipment,
watercraft and the like shall only be stored in an enclosed garage, or within the side lot area
screened by a fence, upon each Lot.
41. Place a note on the final plat which states in general that surrounding land with farm uses
and related activities shall be protected pursuant to the Idaho Right to Farm Act.
42. The applicant shall take care to locate and protect from damage existing utilities, pipelines
and similar structures. Documentation indicating that "Digline" has performed an inspection
of the site shall be submitted prior to the issuance of any building permits for the site.
43. Any stub street which is expected to be extended in the future shall be provided with a
sign generally stating that, "This street is to be extended in the future".
44. Laguna Point removal of overburden off-site
Site excavation for Laguna Pointe may result in an overburden of material not able to be utilized
on site. Removal of anv overburden shall be permitted to occur and shall be completed within
one vear after approval of the Preliminary Development plan for Laguna Pointe. A one year
extension may be granted bv the City Council, if requested bv the applicant. Hours of operation
shall comply with the City's noise ordinance.
Land Consultants, Inc
52 N. 2nd Street • Eagle, Idaho 83616 • Office 208.938.3812 • Fax 208.938.5873
June 22, 2004
Laguna Pointe Chronology since Council action as of January 13, 2004
January 13, 2004
Council took action to deny annexation of Laguna Pointe land and did not take action or render a decision on the
Rezone, Development Agreement, CUP, Preliminary Development Plan or Preliminary Plat since, without
annexation, those applications would be outside the City's jurisdiction (See Findings and Conclusions dated February
10, 2004.
January 15, 2004
Letter sent to Mayor Merrill and City Council members from Mark L. Butler with Land Consultants, Inc on behalf of
the applicants requesting mediation for the Laguna Pointe applications per Idaho State Statute 67-6510.
January 16, 2004
Letter sent to Mark L. Butler with Land Consultants, Inc from Bill Vaughan, City of Eagle requesting information on
what would be mediated.
Mark Butler and Bill Vaughan discuss letter.
January 19, 2004
Letter sent to Bill Vaughan from Mark L. Butler with Land Consultants, Inc on behalf of the applicants responding to
January 16, 2004, letter from Bill Vaughan expressing a quandary on how to proceed with mediating issues.
January 20, 2004
Discuss information for mediation with Bill Vaughan
January 23, 2004
Discuss potential mediate issues with Bill Vaughan.
Letter sent to Bill Vaughan from Mark L. Butler with Land Consultants, Inc on behalf of the applicants, outlining
items applicants believe would be well served by mediating discussions.
January 28, 2004
Letter sent to Bill Vaughan from Mark L. Butler with Land Consultants, Inc on behalf of the applicants, asking if
Council discussed mediation at the January 27, 2004, Council meeting.
Bill said Council may discuss mediation when the Findings and Conclusions are on the agenda which would likely be
on February 10, 2004.
Feb 10, 2004
Council discusses the Findings and Conclusions as well as mediation process. Council chooses to act on the Findings
and Conclusions generally stating that there would be a cleaner record if the Findings and Conclusions were acted on
with mediation to commence after Council action on the Findings and Conclusions.
February 11, 2004
Discussed Council action with Mayor Merrill. Started working to address issues of City concem as expressed within
the Findings and Conclusions and as expressed in the public hearing.
Page 1 of 3
\ Lcserv&dLand Consultants tnc Pub iccLCMobs 20031Thornton\Laguna Painte\Crondogy iune22•doc
• February 26, 2004
Discuss timeframes with Bill Vaughan to assure that the "Time Limitations are Tolled" with regard to appealing the
Findings and Conclusions while we are mediating issues. He verified that the City attorney agreed with the appeal
period being tolled while we mediate. Conference call held with Bill Vaughan, Stan Bastian and I to work on
mediating issues of concern to present to the Council.
February 27, 2004
Discuss continued efforts on mediating issues with Nancy Merrill and Stan Bastian to present to the Council. Meeting
was suggested for Stan Bastian and Steve Guerber to review progress on issues being addressed by applicants for
presentation to the Council.
February 28, 2004
Meeting with Stan Bastian and Steve Guerber to discuss areas for reconciling differences and process to present to the
Council and to hold a public hearing for public review and comment on issues being addressed.
March 2, 2004
Meeting with Stan Bastian, Steve Guerber, (Shannon Cook and Creston Thornton — Clients) to discuss areas for
reconciling differences and process to present to the Council and hold a public hearing for public review and comment
on issues being addressed.
March 3, 8, &10 2004
Discuss potential for regulations on motorized boating being presented to the Council with Stan Bastian
March 11, 2004
Discuss potential for regulations on motorized boating being presented to the Council with Stan Bastian. Stan said
that is not an option for clients.
End of March/Early April
Working with Toothman Orton Engineering and clients to put together information for City based upon previous
meetings and discussions to reconcile differences.
April 17, 2004
Meeting with Nancy Merrill, Stan Bastian and Shannon Cook on two issues
• Presenting application revisions proposed by applicants to the City Council and scheduling a City Council
public hearing for the changes.
• Submittal of a new and separate application to include a Comprehensive Plan Amendment for consideration of
an area for Mixed use on a portion of the property nearer to Eagle Road. That new application would receive
separate review by staff, Planning and Zoning Commission and City Council.
April 20, 2004
Meeting with City staff and Nancy Merrill on processing the revised applications as well as processing the new
application.
April 20, 2004
Letter to Mayor Merrill and City Council from Mark L. Butler with Land Consultant, Inc asking that the Mayor and
City Council set a date to discuss terms of mediation and subsequently set a date to hold a public hearing for the
Mayor and Council to review new plans and take input from those who wish to testify.
April 22, 2004,
Submit Comprehensive Plan amendment application to City and discuss application needs and processing with Bill
Vaughan and Jeff Lowe.
Page 2 of 3
11Ldserve&ALand Consultants tnc1PubIk LCNobs 20031Tharnton\Laguna PointelCronotcgy tune22.doc
April 23, 2004
. Discuss Comprehensive Plan application with Jeff Lowe.
April 27, 2004
Mayor Merrill and City Council agree to discuss issues worked on for mediation as noted above. Set date of May 11,
2004, was scheduled for that meeting.
May 11, 2004
Mayor Merrill and City Council members discuss issues being brought forward to the Council based upon the
meetings and discussions noted above. They generally state that reasonable progress has been made with proposed
changes and a City Council Public Hearing is to be held since there are substantial changes to the original applications.
The Comprehensive Plan amendment for Mixed use is to be a separate application to be heard when it reaches the
Council through the process for a new application (staff review, Planning and Zoning Commission recommendation
and ultimately Council action.
Mat 13, 2004
Discuss Comprehensive Plan application with Bill Vaughan
May 17, 2004
Review City Staff report on Comprehensive Plan amendment application and present proposal to the Planning and
Zoning Commission. (Commission continued the application to June 28, 2004, to see a concept plan and stating that
the application should be included with the City initiated Comprehensive Plan amendments currently being worked on
by the City.
May 19, 2004
Meeting with Bill Vaughan to discuss timelines now that City is changing comp plan.
May 25, 2004
Discuss timelines with Bill Vaughan
June 2, 2004
Submit revised Laguna Pointe plans to City
June 22, 2004
Council hears changes to Laguna Pointe Application (Comp Plan amendment is not a part of this application)
Mark L. Butler
Land Consultants, Inc
Page 3 of 3
llLdserver\&and Consultants InclPubliclLCNobs 20031Thomton\Laguna PointelCronologyjune22.doc
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Land Consultants, Inc
52 N. 2nd Street • Eagle, Idaho 83616 • Office 208.938.3812 • Fax 208.938.5873
June 22, 2004
Mayor Merrill and Members of Council:
RE: Laguna Pointe Response to Boise City two issues of concern
Boise City Concern:
1. The five lots proposed adjacent to the Boise City Treatment Facility land are currently in unincorporated
Ada County and are zoned Rural -Urban Transition (RUT). In the Ada County Code, the RUT Zoning
District is, as it applies to this application, is a Zone within an Area of City Impact awaiting redevelopment
to higher densities when urban services are extended (Section 8 -2B -1(A)(3), ACC). This application
provides for extension of urban services, annexation, and rezoning to the R -E Zoning District in the City of
Eagle. This is not only provided for in the adopted City of Eagle Comprehensive Plan Land Use Map
(adopted November 9, 1999) but also as set forth in the City of Eagle Zoning Ordinance.
The City of Eagle Comprehensive Plan Land Use Map depicts this area as having a land use and
density of Residential Two (up to Two dwelling units per acre) (1999 City of Comprehensive Plan
Land Use Map). Therefore our development have vastly minimal density compared to the existing
Comprehensive plan designation should be approved.
The applicant does agree to proposed Final Plat language stating, "The five lots are adjacent to land that is
owned by Boise City. The land is planned for possible future expansion of the Boise City Wastewater
Treatment Facility."
2. Property Potential Flooding. This application does not propose to build within the designated Floodway.
If the City of Boise in fact has no maintenance obligations for the dikes than this is not an issue. We object
to entering into an agreement with Boise City that allows them to be "off the hook" for something that they
may in fact be responsible for.
Therefore, the applicant does not agree to the language proposed by Boise that the developer and the City
of Boise enter into an agreement acknowledging that the City of Boise does not have any maintenance
responsibilities for the flood control dikes and for the CC&R's to contain a provision alerting any and all
future buyers of these lots to this situation.
Page 1 of 1
MciserveACILand Consultants tnclPub&icALCAlobs 20031Thomton1Laguna PointelBoise City response.doc
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Land Consultants, Inc
52 N. 2nd Street • Eagle, Idaho 83616 • Office 208.938.3812 • Fax 208.938.5873
June 22, 2004
Laguna Pointe Chronology since Council action as of January 13, 2004
January 13, 2004
Council took action to deny annexation of Laguna Pointe land and did not take action or render a decision on the
Rezone, Development Agreement, CUP, Preliminary Development Plan or Preliminary Plat since, without
annexation, those applications would be outside the City's jurisdiction (See Findings and Conclusions dated February
10, 2004.
January 15, 2004
Letter sent to Mayor Merrill and City Council members from Mark L. Butler with Land Consultants, Inc on behalf of
the applicants requesting mediation for the Laguna Pointe applications per Idaho State Statute 67-6510.
January 16, 2004
Letter sent to Mark L. Butler with Land Consultants, Inc from Bill Vaughan, City of Eagle requesting information on
what would be mediated.
Mark Butler and Bill Vaughan discuss letter.
January 19, 2004
Letter sent to Bill Vaughan from Mark L. Butler with Land Consultants, Inc on behalf of the applicants responding to
January 16, 2004, letter from Bill Vaughan expressing a quandary on how to proceed with mediating issues.
January 20, 2004
Discuss information for mediation with Bill Vaughan
January 23, 2004
Discuss potential mediate issues with Bill Vaughan.
Letter sent to Bill Vaughan from Mark L. Butler with Land Consultants, Inc on behalf of the applicants, outlining
items applicants believe would be well served by mediating discussions.
January 28, 2004
Letter sent to Bill Vaughan from Mark L. Butler with Land Consultants, Inc on behalf of the applicants, asking if
Council discussed mediation at the January 27, 2004, Council meeting.
Bill said Council may discuss mediation when the Findings and Conclusions are on the agenda which would likely be
on February 10, 2004.
Feb 10, 2004
Council discusses the Findings and Conclusions as well as mediation process. Council chooses to act on the Findings
and Conclusions generally stating that there would be a cleaner record if the Findings and Conclusions were acted on
with mediation to commence after Council action on the Findings and Conclusions.
February 11, 2004
Discussed Council action with Mayor Merrill. Started working to address issues of City concem as expressed within
the Findings and Conclusions and as expressed in the public hearing.
Page 1 of 3
11Lasenrei c Land Consultants tnc PubiiclLCNobs 20031Thornton\Laguna Pcinter.rondogy june22.doc
February 26, 2004
Discuss timeframes with Bill Vaughan to assure that the "Time Limitations are Tolled" with regard to appealing the
Findings and Conclusions while we are mediating issues. He verified that the City attorney agreed with the appeal
period being tolled while we mediate. Conference call held with Bill Vaughan, Stan Bastian and I to work on
mediating issues of concern to present to the Council.
February 27, 2004
Discuss continued efforts on mediating issues with Nancy Merrill and Stan Bastian to present to the Council. Meeting
was suggested for Stan Bastian and Steve Guerber to review progress on issues being addressed by applicants for
presentation to the Council.
February 28, 2004
Meeting with Stan Bastian and Steve Guerber to discuss areas for reconciling differences and process to present to the
Council and to hold a public hearing for public review and comment on issues being addressed.
March 2, 2004
Meeting with Stan Bastian, Steve Guerber, (Shannon Cook and Creston Thornton — Clients) to discuss areas for
reconciling differences and process to present to the Council and hold a public hearing for public review and comment
on issues being addressed.
March 3, 8, &10 2004
Discuss potential for regulations on motorized boating being presented to the Council with Stan Bastian
March 11, 2004
Discuss potential for regulations on motorized boating being presented to the Council with Stan Bastian. Stan said
that is not an option for clients.
End of March/Early April
Working with Toothman Orton Engineering and clients to put together information for City based upon previous
meetings and discussions to reconcile differences.
April 17, 2004
Meeting with Nancy Merrill, Stan Bastian and Shannon Cook on two issues
• Presenting application revisions proposed by applicants to the City Council and scheduling a City Council
public hearing for the changes.
• Submittal of a new and separate application to include a Comprehensive Plan Amendment for consideration of
an area for Mixed use on a portion of the property nearer to Eagle Road. That new application would receive
separate review by staff, Planning and Zoning Commission and City Council.
April 20, 2004
Meeting with City staff and Nancy Merrill on processing the revised applications as well as processing the new
application.
April 20, 2004
Letter to Mayor Merrill and City Council from Mark L. Butler with Land Consultant, Inc asking that the Mayor and
City Council set a date to discuss terms of mediation and subsequently set a date to hold a public hearing for the
Mayor and Council to review new plans and take input from those who wish to testify.
April 22, 2004,
Submit Comprehensive Plan amendment application to City and discuss application needs and processing with Bill
Vaughan and Jeff Lowe.
Page 2 of 3
V.Lciservericiland Consultants lnc1PubfidLC{llobs 20031Thomton\ aguna PointelCrondogyjune22.doc
April z3, 2004
Discuss Comprehensive Plan application with Jeff Lowe.
April 27, 2004
Mayor Merrill and City Council agree to discuss issues worked on for mediation as noted above. Set date of May 11,
2004, was scheduled for that meeting.
May 11, 2004
Mayor Merrill and City Council members discuss issues being brought forward to the Council based upon the
meetings and discussions noted above. They generally state that reasonable progress has been made with proposed
changes and a City Council Public Hearing is to be held since there are substantial changes to the original applications.
The Comprehensive Plan amendment for Mixed use is to be a separate application to be heard when it reaches the
Council through the process for a new application (staff review, Planning and Zoning Commission recommendation
and ultimately Council action.
Mat 13, 2004
Discuss Comprehensive Plan application with Bill Vaughan
May 17, 2004
Review City Staff report on Comprehensive Plan amendment application and present proposal to the Planning and
Zoning Commission. (Commission continued the application to June 28, 2004, to see a concept plan and stating that
the application should be included with the City initiated Comprehensive Plan amendments currently being worked on
by the City.
May 19, 2004
Meeting with Bill Vaughan to discuss timelines now that City is changing comp plan.
May 25, 2004
Discuss timelines with Bill Vaughan
June 2, 2004
Submit revised Laguna Pointe plans to City
June 22, 2004
Council hears changes to Laguna Pointe Application (Comp Plan amendment is not a part of this application)
Mark L. Butler
Land Consultants, Inc
Page 3 of 3
11Ldseiverlctand Consultants lnclPubliaCNobs 20031Thomton Laguna Pointe\Cronology june22.doc
Eagle City Council
Public Hearing Sign-up Sheet
Subject: A-2-03/RZ-2-03/CU-5-03/PPUD-1-03/PP-3-03 — Laguna Pointe Planned Unit
Development — Laguna Pointe LLC: Laguna Pointe LLC, represented by Land Consultants
Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to R -2 -DA -P
(Residential up to two units per acre with development agreement and PUD) and R -E -DA -P
(Residential Estates up to one dwelling unit per two acres with development agreement and
PUD), a rezone from A -R (Agricultural -Residential) to R -2 -DA -P (Residential up to two units
per acre with development agreement and PUD) and R -E -DA -P (Residential Estates up to one
dwelling unit per two acres with development agreement and PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for Laguna Pointe planned unit
development. The 117.51 -acre development consists of a 53 -lot (43 -buildable, 10 -common)
residential subdivision*. The site is located east of Eagle Road approximately 1/2 -mile north of
Chinden Boulevard at 2260 S. Eagle Road. (WEV)
June 22, 2004
7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
N c I t -/ 6o,+`
(A iii - Lam) ' - 2J7 ) LAc-7/A:72k- k)-1- s cd;...,
Page 1 f 1
H \COUNCIL\AGENDA\CCSIGNUP WPI)
Eagle City Council
Public Hearing Sign-up Sheet
Subject: ZOA-3-04 — Zoning Ordinance Amendment — City of Eagle: The City of Eagle is proposing to
amend Eagle City Code Title 8 "Zoning", Chapter 8 "Area of City Impact", to add to the Eagle Area of
City Impact the property contained within the area west from the intersection of the centerlines of Linder
Road and Homer Road, westerly along the center line of the Farmers Union Canal to the centerline of
State Highway 16, southerly along the centerline of State Highway 16 to State Highway 44(State
Street)and further to the centerline of State Highway 20/26 (Chinden Boulevard), east along the
centerline of State Highway 20/26 to the existing area of city impact line at the intersection of the center
lines of Linder Road and State Highway 20/26. (WEV)
June 22, 2004
7:30 p.m.
NAME
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
I1:1COUNCILIAGENDAICCSIGNUP.WPD