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Minutes - 2005 - City Council - 09/20/2005 - Special / EAGLE CITY COUNCIL Special Meeting Minutes September 20, 2005 **PLEASE NOTE EARLY START TIME** 1. CALL TO ORDER: Mayor calls the meeting to order at 6:40 p.m. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Guerber is absent. A quorum is present. 3. PLEDGE OF ALLEGIANCE City Attorney Buxton: We are having technical problems with the equipment. Everybody needs to be sure to come to the front and speak into the tape recorder. We can't have anyone talking over anyone else. Nordstrom moves to add to the Agenda an Open Container Permit Application for Laurie Hanggi as Item # 6E. Seconded by Sedlacek. ALL A YES: MOTION CARRIES...... ............. 4. PUBLIC COMMENT: None 5. PUBLIC HEARINGS: A. V AC-02-05 - Vacation to the final plat of Countrvside Estates Subdivision No. 1 - Ford Familv Revocable Trust: The Ford Family Revocable Trust, represented by Jason Densmer with Roylance & Associates, P,A., is requesting City approval of a vacation to the final plat of Countryside Estates Subdivision No.1 to remove the utility, drainage and irrigation easement along the common side lot line of Lots 2 and 3, Block 1, to satisfy a lot line adjustment. The utility, drainage and irrigation easement required for the side lot line will be satisfied with the creation of a new easement along the new common side lot line. The site is located on the north side of West Holly Mountain Drive at 2078 and 2164 West Holly Mountain Drive. (WEV) Mayor introduces the issue. Jason Densmer, representing the applicant, provides the Council an overview of the request for vacation. General discussion. Zoning Administrator Vaughan: Staff and the Planning and Zoning Commission have recommend approval. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Sedlacek moves to approve V AC-02-05 - Vacation to the final plat of Countryside Estates Subdivision No. 1 - Ford Family Revocable Trust including the staff recommendations. Seconded by Nordstrom. ALL AYES: MOTION CARRIES....................... B. CU-08-05 - Childcare Facilitv - Jennifer Vandersnick: Jennifer Vandersnick, represented by Chris Pearson, is requesting conditional use approval to construct a 3,500-square foot childcare facility. The O.18-acre site is located on the south side of East Iron Eagle Drive, approximately 660-feet east of East Plaza Drive within Rocky Mountain Business Park (Lot 3, Block I, Merrill Subdivision No.5). (WEV) Mayor introduces the issue. Page I K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-20-05spmin.doc Jennifer Vandersnick, provides Council an overview of her business. We have out grown our current facility so we are requesting approval so we can get started. We have a new design which is better than the first design. We are actually a school so we are not regulated by day care laws. We only have the children for 3 hours. It is actually a preparation for kindergarten. We only have ten in the class for each adult. All doors are locked during school hours. We meet all State and County requirements. We will not have an outdoor play facility. We are a licensed facility. General discussion. Zoning Administrator Vaughan: Provides Council an overview of the application. Staff and Planning and Zoning Commission have recommended approval. Planning and Zoning Commission has some conditions of approval which the applicant is agreeable to. Dave Evans will take this to the Design Review Board for approval ofthe changes. General discussion on fencing. Further discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Jennifer Vandersnick, I met with the Health Department and the information we went over they did sign off on the building design. Discussion on the different class sizes. Nordstrom moves to approve CD-OS-OS - Childcare Facility with all items per the staff report. Seconded by Bastian. ALL AYES: MOTION CARRIES................. C. PP/FP-3-0S - Combined Preliminarv and Final Plat for Erland Subdivision No. I - Bob Erland: Bob Erland, represented by Tim Mokwa with Toothman-Orton Engineering, is requesting combined preliminary plat and final plat approval for Erland Subdivision No. ] (a re- subdivision of parcel "c" of Merrill Subdivision), for a 2-lot commercial subdivision. The 1.638- acre development is located on the south side of East Iron Eagle Drive approximately] ,800 feet west of Edgewood Lane. (WEV) Mayor introduces the issue. Tim Mokwa, Toothman-Orton Engineering, representing the applicant, provides the Council an overview of the request for combined preliminary plat and final plat approval. I have no problems with the staff report or the recommended conditions of approval. General discussion, Zoning Administrator Vaughan: Displays overheads, distributes the corrected Planning and Zoning Commissions Conditions of Approval and provides Council an overview of the application. Staff has recommended approval with the correction. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Bastian moves to approve PP/FP-3-0S - Combined Preliminary and Final Plat for Erland Subdivision No. I with all the Site Specific and Standard Conditions of Approval including the change to Site Specific Condition #13 as presented tonight. Seconded by Sedlacek. ALL AYES: MOTION CARRIES................... D. CD-IO-OS - Church Facility Expansion - Eal!:le Church of the Nazarene: Eagle Church of the Nazarene, represented by Jim Main with Design West Architects, is requesting a conditional use permit to construct a 9,934-square foot building expansion. The 2] .38-acre site is located on the south side of West State Street approximately 3,200-feet west of Eagle Road at ] 00] West State Street. (WEV) E. V-I-OS - Variance From the Fifty Foot Floodwav Setback from Drv Creek - Eal!:le Church of the Nazarene: Eagle Church of the Nazarene, represented by Jim Main with Design West Architects, is requesting variance approval to construct a building expansion within the Page 2 K\CQUNCIL\MINUTES\TempoTary Minutes Work Area\CC-09-20-0Sspmin.doc fifty foot (50') floodway setback from Dry Creek. The 21.38-acre site is located on the south side of West State Street approximately 3,200-feet west of Eagle Road at 1001 West State Street. (WEV) 6A. DR-62-05 - Buildin!! Addition to the Ea!!le Church of the Nazarene - Ea!!le Church of the Nazarene: The Eagle Church of the Nazarene, represented by Paul Tjelta with Design West Architects, is requesting design review approval to construct a 9,934-square foot building addition to the 36,330-square foot church facility. The site is located on the south side of West State Street approximately 3,200-feet west of Eagle Road at 1001 West State Street. (WEV) Mayor introduces the issues. We will hear testimony on Items #5D, #5E and #6A at the same time but separate motions will be made on each item. Jim Main, representing the applicant, provides Council an overview of the application for expansion of the facility. Planning and Zoning Commission has recommended approval with seven site specific conditions; we have reviewed these conditions and have no problem with the conditions. We have received a letter from Mr. Swanson requesting a fence and another neighbor has also requested the same consideration. We met with Mr. Swanson on Friday and we would like to be able to accommodate him but we have budget constraints. Discussion on the conditions of approval. General discussion. Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the application. This application is for the youth center. The Conditional Use Permit is for the entire property. General discussion. Mayor opens the Public Hearing Mayor swears in Wayne Swanson Wayne Swanson, 985 West State, East side of the Nazarene Church property. I have requested that I have a fence installed and one of the other neighbors also wants a fence. Years ago at the development of this property the City Council requested that a fence be installed along the front of the property. Because the landscaping was so good I told the Church that it was not necessary for them to install the fence. Discussion on the activities that go on at the Church property and the ball fields. Discussion on irrigation water. Mayor swears in Tim Bunn Tim Bunn, Pastor Eagle Nazarene Church, thank you Council for all that you do and thank you Wayne for being such a good neighbor. Displays a site plan and provides Council an overview of the application and discussion on the Master Plan, General discussion. Kurt Hansen, ACHD, I haven't seen the Staff Report for this application. If the applicant is requesting a variation then the applicant would need to contact ACHD. Storm drainage is addressed with the curb, gutter and sidewalk. Discussion on the right-of-way. Discussion on irrigation water. Further discussion. Kurt Hansen, ACHD, discussion on the need for curb, gutter and sidewalks along this area since the building would be back from the roadway. Wayne Swanson, discussion on what kind offence he would want. I would want a 6' final fence. General discussion. Jim Main, Mr. Swanson's property is currently for sale. The ACHD staff report stated that sidewalks would be required. We also informed that we need to build a bridge across Dry Creek. If we are required to do a fence we would ask for some relief from not putting in the curb, gutter and sidewalks at this time, General discussion. Mayor closes the Public Hearing Council discussion. Page] K:\CQUNCTL\MJNUTES\Temporary Minutes Work Area\CC-09-20-05spmin.doc Bastian moves to approve CU-IO-05 - Church Facility Expansion - Eagle Church of the Nazarene with the Site Specific Condition and Standard Conditions of Approval as presented with the addition of the following Site Specific Conditions: #8. This Conditional Use Permit shall expire on 9/30/2009 and may be renewed upon application either prior to this time or at this time; #9. A sidewalk, curb and gutter along State Street is not required to be constructed with this building but shall be constructed upon application or amendment to a future Conditional Use Permit. #10. A 6' foot fence shall be constructed along the east side of the property at a point adjacent to Mr. Swanson's shop extending to the property abutting State Highway 44 to be approved by the Design Review Board. Seconded by Sedlacek. Discussion. ALL AYES: MOTION CARRIES... ......... .......... Sedlacek moves to approve V-I-OS - Variance from the Fifty Foot Floodway Setback from Dry Creek. We are only encroaching 16' and this is an addition to an existing building and we are not putting anyone at risk. Seconded by Nordstrom. ALL A YES: MOTION CARRIES.......... Bastian moves to approve DR-62-05 - Building Addition to the Eagle Church of the Nazarene with Site Specific and Standard Conditions of Approval as proposed with the following changes to Site Specific Conditions: #6. Shall mirror the requirements of the Conditional Use Permit; #17. The fence approved in the Conditional Use Permit shall be reviewed by two members of Design Review Board and a staff member as to color and type of fence; #7. The construction of the pathway shall be deferred as defined in the Conditional Use Permit. Seconded Sedlacek. ALL AYES: MOTION CARRIES.............. Mayor calls a recess at 8:50 p.m. Mayor reconvenes the meeting at 9:00 p.m. 6. UNFINISHED BUSINESS: A. DR-62-05 - Buildine: Addition to the Eae:le Church of the Nazarene - Eae:le Church of the Nazarene: This matter heard with the Public Hearings on this matter. B. Ordinance No. 510 (Lakemoor): An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Of The Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the issue. Sedlacek 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 #510 be considered after being read once by title only. Sedlacek reads Ordinance # 510 by title only. Seconded by Nordstrom. ALL AYE: MOTION CARRIES...... ... .... .... Sedlacek moves that Ordinance # 510 be adopted. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES..................... C. Ordinance 529: An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-20.05spmin.doc Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the issue. Sedlacek 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 #529 be considered after being read once by title only. Sedlacek reads Ordinance #529 by title only. Seconded by Bastian. ALL A YES: MOTION CARRIES.............. ... Sedlacek moves that Ordinance #529 be adopted. Seconded by Nordstrom. Bastian: A YEj Sedlacek: A YEj Nordstrom: AYE: ALL AYE: MOTION CARRIES.................. ............ ..... D. Ordinance No. 527: An Ordinance Of The City Of Eagle, Idaho, Amending Section 1-5-2, Eagle City Code, To Provide For Meetings Of The Council, And Providing An Effective Date. (SKB) Mayor introduces the issue. Sedlacek 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 #527 be considered after being read once by title only. Sedlacek reads Ordinance # 527 by title only. Seconded by Bastian. ALL A YES: MOTION CARRIES.............. ... Sedlacek moves that Ordinance #527 be adopted. Seconded by Bastian. Discussion. Bastian: A YEj Sedlacek: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES................................. .. E. Open Container Permit Application for Laurie Hanl!:l!:i. Mayor introduces the issue. Nordstrom moves to approve the Open Container Permit Application for Laurie Hanggi. Seconded by Sedlacek. ALL AYES: MOTION CARRIES.................. 7. REPORTS: City Engineer Report: Vern Brewer, displays all of the BLM property. Discussion on acquiring BLM property. General discussion. Nordstrom moves to go into Executive Session for the discussion of acquisition of private property. Seconded by Sedlacek. Bastian: A YEj Sedlacek: A YEj Nordstrom: AYE: ALL AYES: MOTION CARRIES................ Council goes into Executive Session at 9:05 p.m. and discusses the acquisition of private property . Council leaves Executive Session at 9:25 p.m. Vern Brewer, we need to increase our engineering fee rates. We are trying to hire some additional personnel. We need to raise this 4% per annum. General discussion. City Attorney Report: Reports on the Stop Work Order issued to Prime Earth. General discussion, Page 5 K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-09.20-05spmin.doc ACHD has released their drainage district easement on the city hall property and we are working on some other small easements. We are working on an amendment to the City Hall Lease Agreement with Hawkins Smith because ofthe increase in square footage on the city hall building. We are also working on some other small items to clear the title on the land. City Clerk/Treasurer Report: No report Zoning Administrator's Report: Lockwood trees. City Clerk distributes the Arborist's report to the City Council. The Brookwood tree has been taken down and was disposed of on site. Reports on Eagle Center complying with their conditions of approval. Mayor: I met with Jim Murray today and looked at the playground features and the water feature for Hill Road Park. We are moving forward with the 72 Hour Kits. General discussion. Discussion on Code Enforcement. Mayor reports on the meeting she held this afternoon on Park Lane Place. General discussion. Bastian: reports on Urban Drainage District. General discussion. Discussion on property taxes. Sedlacek: No report 8. ADJOURNMENT: Bastian moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES........... . Hearing no further business, the Council meeting adjourned at 10:05 p.m. Respectfully submitted: )&J'-'-" ~~ SHARON K. BERGMANN CITY CLERK/TREASURER ~~ STEVE GUERBER PRESIDING OFFICER CITY COUNCIL Page 6 K:\COLiNCTI..\MINUTES\Temporary Minutes Work Area\CC-09-20-05spmin.doc Mayor: Nancy C. Merrill April 28, 2004 Dear Property Owner, CITY OF EAGLE P.O. Box 1520 Eagle, Idaho 83616 939-6813 Council: Stanley J. Bastian Steve Guerber Scott Nordstrom Lynne Sedlacek During March and April the City of Eagle held three visioning sessions with land owners, service providers and the general public to detail a potential area of city impact boundary expansion as the City looks to move to the west. The visioning results are available at the city website for your review: www.citvofeagle.org. The City is very excited for the future and is ready to take these visions and begin planning for the area to the west of Linder Road, between Homer Road and Chinden Boulevard. The City of Eagle will be holding the second of two land use planning workshops to begin detailing future land use designations 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 to invite you to attend these workshops. These workshops will give you an opportunity to work with the Mayor, City Council, Planning and Zoning Commission, service providers and other citizens to detail the future of the City of Eagle. We would love to see you there! Please RSVP to the Eagle Planning and Zoning Department, attn: Colleen Carroll, 939-0227, if you plan on attending. We hope to see you all there. WORKSHOP MEETING DATES: MAY 4, 2004 EAGLE CITY HALL- 310 E. STATE STREET 6:00PM Sincerely, 'wiltAxactn(fLU Nichoel R. Baird Spencer, AICP Planner III K.\Planning Dept\Impact Area\2004\workshop property noticc.doc C c. '7-x.9 -- PUBLIC HEARING CITY OF EAGLE Legal notice is hereby given that the EAGLE PLANNING AND ZONING COMMISSION will hold a public hearing on June 1, 2004, at 6:00 P.M. at Eagle City Hall to consider the following: SUBJECT: ZOA-3-04 — The City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 8 "Area of City Impact", Section 1 "Area of City Impact Boundary" 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. Application materials and a specific legal description are on file for public inspection at Eagle City Hall, 310 E. State Street. Public testimony is encouraged at the public hearing and written comments will be accepted no later than five (5) business days prior to the day of the public hearing. Auxiliary aids or services for persons with disabilities can be made available by calling the City Clerk (939-6813) at least three days prior to the public hearing. Publish date May 18, 2004 efwill o/\ AAA y /-2, -boil K\Plmui+eg Dept1Egle Appliutious1ZOM20041ZOA•3.O4 pub vdky.doc Idaho Grape Growers and Wine Producers Commission 1 DAH O c) WINES 1123 12th Avenue South Nampa, ID 83651 208-467-4999 • 888 -223 -WINE MaMayor/ CityCouncil 208-442-4431 Fax y email: cmgrassoc@aol.com City Clerk P&ZDept Bldg. Dept Attorney Engineer Mayor Nancy C. Merrill CITY OF r:AG1 E September 8, 2005 City of Eagle PO Box 1520 Eagle ID 83616 Dear Mayor Merrill: SEP je..;Q5 File: Route to. The Idaho Grape Growers and Wine Producers Commission recently received a proposal from a Treasure Valley city to relocate our office to their city. They have offered office space at a reasonable price, office equipment and their assistance in writing grant proposals, marketing plans and, most importantly, helping to market the rapidly growing wine and tourism industry here in Southwest Idaho. The Idaho Wine Industry is starting to come of age and we think that many communities could benefit by having a presence of the commission office or perhaps more importantly information sites about the local wineries and vineyards that would draw people into their community. Signage directing visitors to our wine country would be a benefit. The commission is requesting proposals from area city's and towns who are interested in having the commission office and or information centers to submit their proposals to the commission office by September 30, 2005. Oral presentations would be welcome. Please respond to Ricki at the Wine Commission office at 208-467-4999 or idahowinesematassoc.net. We would specifically like the following areas addressed: 1) Accessibility to I-84 2) Cost savings to the commission on office space and square footage. 3) Technology Access 4) Grant writing assistance 5) Assistance in development of a market plan for Idaho Wines 6) Assistance in developing an Idaho Winery trails map and signage 7) Political assistance at the local and state levels on various issues facing Idaho wineries Please call the commission office should you have any questions. Si hely, on : itne PhD. 4c Commission Chairman Visit our website at www.ldahowine.org Snake River Winery • Bitner Vineyards • Parma Ridge Vineyards Pend d' Oreille Winery • Ste. Chapelle Winery • Hells Canyon Winery • Camas Winery Weston Winery • Vickers Vineyards • Sawtooth Winery • Indian Creek (Stowe) Winery Koenig Distillery and Winery • Sandstone Vineyards • Carmela Vineyards • Hegy's South Hills Winery //1 PP -6-05 - Moffat Subdivision - Chad Moffat PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. NAME eOG1A--PV 4.4 A/teat/615 '✓/ti; < 1•.« (/A f/ ,- vf,;7- 11bke0C Pow AN =LIVAY F---0 �--0 S t -{-c 11hv VID(7,96)` 1 ADDRESS/ TELEP,IIONE OC '104.1:1'K /3cx%•-4 `-370-f £x74. )/L/-44. Ete .36110 �S s� c,i '" f 4f z o`f7 rj. c,2�c�,rc� sr �f ✓mac, ; �= l(EcSey (J�C L1 ZL�W _ W-Llst-Y-' c ,26_344 -T.66 ,1-1,)__Q- 7 .,7 -Q'7 D9'777y 342(e 1, 4-,1-1 (Al a,/3'7 N C Wad c• L,'Ty....lw_I /b. 35" IC P) n L/L. i-i2TIS 13;rT5 t_'$ CiuL :4---_ ").. 1 f1Clu- ' cl?,c; c b 5Xi `�J?l, i y 1' ,nf o d s lot,... Ch UCL- it) 5co F611e I t. L ---7.)(0L;3 TESTIFY SUBJECT YES/NO? PRO/CON st°s Gu o �a S,_ %97cff7fy t&-( )16 • Vc.> X11 � f At ,t Palt- H \COUNCIL\AGENDA\CCSIGNUP WPD No Ai (10 L � � PP -6-05 - Moffat Subdivision - Chad Moffat PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. NAME LAW- k ADDRESS/ TELEPHONE SUBJECT .1 . '6- nJ Ci ,/ �IPIFFe: KA Cauytit, ce.k� 4/1,', - c 7 Y"?._ /.)a FF4 f .30-) . rr ' SK y I t' � - r. f,,�t �<<, ,,tom- 4r r'1.31i - az) W \JFF rfii c v(2 fou w i3r2-utClu,1-tth, Uu.u51 L &i4- V. -6/6 As sy.? .eiveAde at { J11'01344.2_ t::, G -4.v," c'T .4.; 371&,41ZT x (+6I 4 ,� `7"3,-72_1/4: 1;141-j1 N C►1Uuir1. " i i4 d,2!1( 40 1%,6/ �� )04 9b vg rage- 1� TESTIFY YESPNIO? PRO/CON t Ai") x()/1 H.\COUNC!L\AG EN DA\CCSIG NUP. W PD PP -6-05 - Moffat Subdivision - Chad Moffat PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YES/ vO? PRO/CON fw,,501s H.\COUNCIL\AGEN DA\CCSIGNUP. 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PRO/CON 3ti� 11 \COUNCIL\AGENDA\CCSIGNUP WPD {app('Ilillg (low tiiliron, a Flimber is just lenIuinul('s Irma his office in B011Idell '• r b('IOils :% robustw��E9tou1 ti(I S1�'ljt ai('hssto nioniitaiIis, ca VMS; oii% (rout streams, and ski slopes I i lure''.1 hordes oftt('1m suburbanites to this Vroii L �` Ija .igr, all seeking their sli fix• i open spaces awl blue skies. |<� \11(.11A1 1. F. | ()\(i • Mdidi&ore ho i invade the range, like these in Highlands Ranch south of Denver, a planned community so large that it has its own zip code. In Longmont (foldout), where houses sprout like wheat, ilii4410110„ farmer Ray Dirks plans to sell off part of his spread, anticipating well' as much as $170,000 for a one-acre lot. Colorado loses 90,000 acres of farmland and ranchland a year to development. 4‘ T'S A BEA :11E1. I. EVENING Ti) DIE," Moses Street has persuaded himself, hugging bark high in a lodgepole pine and contemplating the cougar crouching below, which is contemplating him. A beautiful September evening it is indeed in Rocky Mountain National Park. Blood -red streaks of twilight are fading, and Street, a man of sensitive soul, finally loses sight of the animal that interrupted his jog near Big Meadows For no reason he can remember, Street had stopped and spun around, confronting the gray -furred eat "in the pounce" close by his right leg Energized by adrenaline, Street raised his arms and screamed at the silent animal, which hacked slightly To defend himself, Street ripped a Mout branch from the trail brush, then shinnied up the tree Hi, only fear "if I screw up, the rat gets me." That was around 7-30 p.m. Five hours pass. He clasps his arms around his wind- ebilled body, does knee bends, yells for help that never comes. Where is the cat? Street imagines the !lar k humor of friends –"How do you get Moses up a tree?" Ram! He feels the lodgepole quiver at the impact of the leaping cougar, hears the .o rtt%it-scratch of claws coming closer Enraged, Street tabs his branch at the ani- mal, feels a hit. The cougar flees, leaving blood and fur on the bark. Alerted by Street's wife. rangers arrive around 2 a m. and inquire why he's in the tree. His reply stuns. In this park there had never been a cougar attack This is not to say that Colorado is up to its lodgepoles in cougars. A few days after Street's experience, my wife. Connie, and i hiked without incident—if not without some concern, passing a clave -gashed aspen—into the nearby Never Summer Wilderness Rut it is true that confrontations are in- reasing. Cougar and bear sightings in the foothills of the Front Range, practically non- existent ten years ago, now exceeil a hundred a year '`People are moving into animal habi- tat," explains R Bruce !sill, a researcher with the Colorado Division of Wildlife. Vice :\ staffer for 28 years, MIKE LONG spertalizerl in science and aviation 1n 1994 he envier! to Colorado to wrilc about western sub)ect, JIM RICUARDsoN, whose photographs appear fre- quently to NATIoNA►. t,EoGRAPI!IC, was rn,ed un a farm in Kansas and now live, in Dem er do It takes two rainbows to pinpoint Denver. pot -of -gold financial hub of the Rocky Mountain West and home to five major- league teams. At Coors Field, where the Rockies play baseball, another sell-out game is about to begin. Postgame, many farts hasten to nearby bars and eateries of a reju- venated LoDo, or lower downtown. Never bashful, Den- ver was tagged by a 19th -century English visitor as "the great braggart city." versa tor,. One summer night ars employee of Boulder Community Hospital em ountererl a r ougitr with cubs on a hospital patio. :\ black bear eating a bagel was sighted on a r rte, hicv- Ht. path )f more conventional symptom, of growth, there are plenty ,dong the Front Range, an area that takes its name from the easternmost ramparts of the Rockies For res- ident,. Front Range also refers to the string of flatland cities and towns that. more or less. edge up against the mountains- From north to south they include bort ( ollins, Boulder. Denver, Colorado Springs, and Pueblo. 'The cities Seem in the process of reaching out to touch one another, and the latest 1 rops un turnier farms and rant hlantls are mall, at d ,ul livisions At rush hour on Inter•'tate- and 25. reddish river, of taillights congeal National (;cokruphu , ,A'n, rouser ivvi, in 1 h•rtvr r, nr,tortou> haute For ar; unfort r(iz1'n, ',yell` have go and it- t 11vitons. the ' thermaltnyrr run ,ti \lore than (�t1,tlori the Front i:,inge `incl 10111 morn :11 e t• \j11:1 to :. ro'.yt11 1. ,rmint the IIoun1.1in 1\'1 -I. and the \hist ..I ' \\'all 11,1d enou�li In 1 r . uhen the : Fir Ilei many, mouth Rounder Road .-f'lir't a l'r(' a r Duple N. -.1e: I Iildegan1 tells Nre,, .1 too, lane hi hundred trot from tht ( 01'01 art, %-bilin Ron in Denver's notorious Mousetrap inter Tngc. For an unfortunate fete in this arm region, well. have gone dry (;irding 1)cn\cr and its cm irons. the "brown t loud" horn of thermal inversions stings nostrils and eve, More than 350,(100 people have conte to the Front Range sine 1e)0(1, nearly one nil hon more are expected by 202o Colorado's growth is among the fastest in the Rocky Mountain West. and the Benerlictine nuns of the Abbey of St Walhurga, in Boulder. have had enough 1n 14;5, w hen the sisters muN et1 fran Fichstatt, Germany, to hutted a retreat house. South Boulder Road a a' a countr\ lane ..There were a couple of cars a day. if that.'. Sister Hildegard tells me Now a four -lane highway edges less than a hundred feet from the abbey, and the whiz of ('olnrado'c Front Range chit les is background buys to our stroll sister I Itlrir!„aril explains that the nuns Ira%c sold their 150 -at. re Sate anal are nu wing to I Inuglas ('ountv south of Denver. So are a lot of other people I remind Sister 11ildegartI that 1}ouglas is the fastest gruatiing count\ ni the F'niterj States The neer ,ahh(•\ t+ill Ira soundproofed. she replies 1 nu: c,xotv'rtt oft un mg despite ati n nornia rash in the mid- l•o l ..Tarr ula tt rs hail been ruling a building boom. and e+hen oil lint e, collapsd. iter',• .ill Irit town. .ay, Itrll I'nul..:a I ten. rt. real estate rra:agnarc ( rffn-r e;u ,ntcir, .o,arctl It took iter, economy :\ ears to work its w:a> ut Ira 19,15 Denver re -turret teal itself. filling v at .ant res, 'Telling a baseball stadium t' 1 s million dollars•. adding :a hot kr. Irani lose ro i`• e 11--seng re TER•f a EMCNT NT, T PUEBLO rtr FORT CARSON COUNTY MILITARY RESERVATION Sedali major-league football. baseball, and basket ball teams; refurbishing its Central Library (76 million dollars): and inaugurating service at Deriver International .Airport (4.3 billion dollars( on ,t site larger than Manhattan. Meanwhile, people flocked to 1lle restaurants and bretviiubs of LoUo, the bright(: reno- vated lower (lowntown Some of the principal rt t ori, for this. whitened ht• the year's first snow, are flamed in the west winrloty of Paul:'• offs e in the f )enver "Tech ('enter -- Lone 1'eak to t he north, Mount Evans rine west, and Pikes Peak bulking to the south. "You tan't ex- plain Front Range urowth without the (noun tains" Pauls sat < Last year the Colorado Rockies drew millions of skiers, along with legions nt c timbers, bail.packers, hunters, and fishermen Pauls fore(a'ts that 1kit 1'1, tle,1aitt' it, lar k of an ocean. \ III beco ne "thee port cit} of the nest t cnlury Port Cities used to he un this t oasts,- he explains "With a nett carport, port city can be in the center of the couritI t That Denver's new airport will come into its own on a n orld scale is a belief shared firmly by most Denver booster Compared with Front Range boostcri•ni (ii the histurir kind —chutzpah, ;ass, and 11111 nth riding great hyperbolic arcs—this wave of rhetoric is fairly moilest Frons the earliest (lags Denver fought for surt.ital through transportation, sats Ttrni Noel, chairman of the history department at tib r3 waloen • -n 1 t OaIIon- Glennwood• .2y I Vail • • " *D IAng rk of vlarr Springs •Aspen d 0 O L OH A 0 0 c co • Pur•nln z --t :/ o «: 2 t—.1. U1 mks tht University (if Colorado it Denver In he tells rue, the Rut ke alnunrtuinr Ct blatantlt promoted Derivel ,u a •trarnboat apttal in a slut ping -news unison 1 that re• ortietl the allege,( departure of hnais bound for New (dean— and Pittsburgh ren unnavi gable rit cis sti( h as the South Platte You au hardly t amu. the Plaltt•,'• . t\ - Nocl I a.ked Noel tt ht sit b , xtranr lIIolrt ener- gy and moor\\ere pourer) into the new air port aa)I;\i \ellen Prover arlr•ettil had at mato( air poi t "iiypasspluilrrt, ' ht responds "1 he ltni1 Iurent top at Ow nett an -pm -t gin\,aI night atiybod\ approat h(ig horn \l.tr, of Jupiter, tt ordering «here the t enter of the \(+rid is. can st•e u•. DIA " Nuel pause, tiir effect "Now th;tt', a hit of stretcher," be ,ttlnut "blit u', plain that I tenvt r doesn't want to be ignore'( In I')72 til ttt legislator kit Itaid .\ Lariat, ukuetl that ('otolanrhr;hould Ignore ;t (ham'. to bu-t the lt'inler 1 )lynipi s \ht. it hail :+ rclrtitatimi for reel ink Voters vetoed ,tate fundtrpg for the gaunes and elet ted Lamm governor for three uuccssrve tel 1111, Irvine tri dans the titles of .irutt•th. 1 )emo- iat Larnm battled a Republican legi•laturt .Val toned tavl_graphi , 1n,, orbs l i wa ARAPAHOE � COUNTY 1"' Like blots in a geograpl While some observers 21st century. With west where Pena Boulevard embryonic interchange r ,i„r,t.ln'1 / ruP1 Ram. NEVER GRAND WNQER 7:gFNO tAtiCH Seale varies In Oh prnp.ctM. IIGa carrocaArmic °PORION ------ i ARAPAHOE COUNTY INTERNATIONALT AIRPORT I WELD COUNTY DIGITAL ELEVATION MODEL GELERATED R'T COMPUTER 'TERRAIN MAPPING INC., SOUthER MAP DATA FROM HARRIS°. RESOURCE CORPORATION. TORT COLI INS Like blots in a geographic Rorschach test, Front Range cities ooze toward one another. While some observers see progress, others fear a Los Angeles -style megalopolis in the 21st century. With westward expansion blocked by mountains, Denver now reaches east, where Pena Boulevard (below) arrows toward the new Denver International Airport. An embryonic interchange awaits another Zink in a beltway being built around the city. ('(IiOradC's I'rint! IIuuL'I ti; and admits he lost. "I don't mind people moving to Colorado," says the Wisconsin native "The question is, how do we accom- modate them? With suburb after mindless suburb? "I've seen Denver metastasize all the way up to Boulder and increasingly down to Colorado Springs. We're growing a Los Angeles of the Rockies right here, an endless strip city, and we're doing it knowingly' Knowingly'" The "knowinglys'• explode like land mines on the desk under his fist, and the shrapnel finis me I am one of those riewconu•rs, as are more than half the people quoted in this story. Many of us came to Colorado seeking mountains, open space. clean air, blue sk I didn't give much thought to the indispensable element—water H tusT t.t•:,st)N for transplants Is t hat wa ter is wealth: the Irons Range 1r( en rs only about 14 iru hes nl beer ipitatum a dear John Atsh:u-, a firen:an, and his family woke up one winter morning 01 1987 in their home in Braley Acres. south of Chatfield Reservoir in 1 tnuglas County. to iliscover that his account was overdraw n -- his well had dried up With no water, he had no heat trout hes gas -tired water -heating system. 111s breath ondenstcd and froze on his mustache. 1lis Witt. Lisa's eyelashes h•uze Afshar began schlepping five -gallon but kets in los Iii kip from taps at the reservoir 10 the motnnig the family had to break ice In the but kris "It \vas the winter from hell,'' his mother, Valerie, remembers_ Af,har spent 1 l)Ui drillini .t new well. 4() .\ortrona/ (err �r 1pire ..\,n,•nrir, i 1�, No bull: Youngsters pose on a stuffed animal against a fake backdrop at the Na- tional Western Stock Show, Denver's an- nual January celebra- tion. During 16 days of cattle judging, bronc busting, Grand Prix jumping, and sheep shearing, more than 600,000 spectators injected some 50 million dol- lars into the local economy in 1996. Carrying grist for the suburban boom ((be- Iow), a gravel truck and an earthmover plod along Highway 36 toward Boulder. whir h also dried ul, Most of his neighbor, in Braley Acres have redrilled, investing :as mur h as $20,000 for a 1,200 -foot well. Patri- cia Mancuso spent a year of her daughter's college money on a new well. Afshar finally bought a 1,Sc30-gallon tvatcr truck, which he drives to the nearby Roxborough water dis- trut and fills 1.11) at a cost of Tess than five dol- lar,. Ile ,hares some with neighbors and puts the test into his homemade r r,tern In 1994 Afshat and 1211 families in five sub- division; formed the Chatfield South Water Association and appealed to the Denver Water Department for help Denver said they were outside its service area Chatfield South member_ , now negotiating for a pipeline from Roxborough, are wary of a catch-22 result if the availability of water attract, developers. -We fear that we'll (10 all the work, and sud- denI\ we'll find 2,000 ac rc, of California right next to us," says A fshar. Afshar and his neighbors have been drilling into the Denver Basin, a four laver, bowl- shaperl aquifer of ancient, rockbound water that holds about the sante volume as Lake Erie The problem, geologists sad , is that they're on the western edge of the bowl, whir h slopes east wan!. Municipalities and developments to the east, also drilling the aquifer, .ire drawing down the water 1-ial 1) Simpson, state wider engineer, reports that waler forcer! upward by artesian pres- sure has dropped as much as 800 feet in northern Douglas ('aunt' Finger, point tr., a late law that permits using one percent of the aquifer's eater annually --theoretically depleting the aquifer %tithii a hundred Nears What then? -We're verN concerned about that." ,itis James S Lochhc•atl, executive director of Col- orado', Department of Natural Resources Fiis agency now affixes warnings un Douglas ('omit) netts "Dont expect this water to last a hundred tears" is a rough translation Steven :\ ligand. former niator of Castle Rot k ,tn(E a t onsulting h}•rlrologi,t, slake, an analogy to the national debt. "\4'e're borrow - M akainst the future." he a ares "Theme's not enough neater f(ir-, t rrvhodv. and who gets it? That's a major ludic) question." While a state ta,h force mulls the problem. etprrimcnts to replenish the aquifer with ,urfate water have met with some sill cess, hut that lead, to another conun- drum-- most of the rights to Front Range surfat r water Faye alrearly been claimed In Colorado. Crater right, iter property that can be bought. sold. or inherited Senior holders have priorit\ If r nv forebears got herr in 1$n1 and yours arrived in 18(.12, I get first dips. In a dry year when a river 1, clown, the law says I stet the water Confrontations can be serious I wa, told nt an argument over water rights along Fourmilc Creek in which rine rancher killed another with a ,hovel Water t1istrit is front Fort Col- lin, to i'uelllo abet the ,kinipt rainfall ht diverting the flow of Western Slope rivers t is giant tunnels horrd through the Front Rangr 'the) int Ind- one of the world's longest water tunnels, a 23 -mile -long, 10 -foot -wide 1 /in- dult that t onnect, a re,eryoir at f)illon with IIii' 1otth Platte l'it'er. Largest of the Front Range water rlistricts, the 1)envrr Water Department stets nearly half its nater budget from the Western Slope At c nriling to the 1)r'x; r•r Post, it went after this water with "the same ,ensitivitt that (111d- /illa thspl,t) cd'' rampaging through Tokyo, rubbing Western Slope folk, raw. Dave \\'attcn berg, a ,tate legislator from Wal- den, mall, that it wasn't until he came to the legislature that he gist overcd that the " 'linen 1)enver \Water I iepartment' wasn't ;ill one wird." "'There's probably it good 50 years of ho, - 11111y,' ( Bari geneial manager ut Ihr department, told mr "Both sides tended to send iheir ha)er- off for ,t 1 c -year 1 mut bat- tle But that is I.hangitii \\'e nerd to n-ork Denver's infamous "brown lates that include airborne cloud" —particu- road dust and combustion aerosols—mixes with West Sixth Avenue traffic. Medical researchers Zink such fine particles to an increase in cardiopulmo- nary problems among residents. u ith them, the' neat It the claim ort Nluddy Crt trthutar) , t 1nipleted la moai nt the project but n oh the Western Slope Eagle Pointy comm whose Western Slope r, water ileal with Colora ter', nrighboi .Aurora, work toward a win -wit tion," he,a\, yIMN Ai. VER NIm'INc wood Springs. a m hamlet 1011 mile: n kler. I Irarnd it's a _ to(hive ti Denier da. afternoon '('hat's , people who spe•rnl the \ in the mountain- returr Range 1 ities. creating t afternoon clog The e akvays was a 1 members David Fraser highway worker now a ,or. n ho ha, drilled, hl 1,.11' bei i hole,. an(1 ply\ ,t- late .t, thr Fourth of I. ; ,Anti 1: . '-i. t )lie •tnumrr day in ' ,t a\ engineers told him gonna ti\ it," - 111th En iieginning rn 196 1, the 1 /indult frith its inter! o l'i•rp,4,,r,. tinderpa,se rest arra,. and tunnels 1 hrotigh i )(liver and th ;1, w;i through the inc mountain ,reser) to thi highwa} pierced the Fr rt. -4 in Pr.-.; with the fi 1 of the Eisenhowe :mntiel I-71; seems tort succes w n goof I Last )ear mi nine million vehicles tet omni I. more than a fou I rca,e sins e its opening ri,il, t on,ulrr to niening another tunnel bore, tht around one billion doll FI,1,rr 1, amused. "E1 MOW ' ]t , like trvi -1 tt ,1111 11u-ough a nne 1 laid, wear.. 1 tier \itllt ,zri (N'rtglitf,llt, , :Vel;•r')rth, 1- fuutt r nln, Nile. 1',rml Ran,!;, ith them, they need to uvork with us, Ilk(' the dam ori Muddy (leek, a Colorado River tributary, completed last year. We paid for most of the project but shared the water yield with the Western Slope " Eagle County commissioner Bud Gates, whose Western Slope county turned down a water deal with Colorado Springs and I)en- % er's neighbor Aurora. agrees. "We have to work toward a win-win situa- tion," he says 1001 AFTER MOVING to Glen wood Springs, a mountai,. hamlet 161) miles west of Den- ver. I learned it's a bad idea to drive to Denver (01a Sun- day afternoon. That's when the people who spend the weekend in the mountains return to Front Range cities, creating the Sunday afternoon clog. There always was a dog, re- members David Fraser. a veteran highway worker now a supervi- sor. who has drilled, blasted, patched holes. and plowed snow a, late as the Fourth of July on 1.' S 40 and U S. 6 One summer day in 1955 high- way engineers 101(1 him, "We're gonna fix it." — with Interstate Ill Beginning in 1961, the modern c indult—with its interchanges, overpasses, underpasses. fences, rest areas, and tunnels—snaked through Denver and then worked it, way through the incredible mountain scenery to the west The highway pierced the Front Range crest in 1973 with the first of two bores of the Eisenhower/Johnson tunnel. 1-70 seems too successful for its own good Last year more than nine million vehicles transited the tunnel. more than a fourfold in- t reale since its opening. State offi- cials consider widening 1-70 here and adding another tunnel bore; they cringe at the cost - around one billion dollars. Fraser is amused "It's the same as it w as in the 'Srls It's like trying to force six int hes of water through a one-inc h pipe." Traffic cvearv. i tier to the hackcountry for tr;iv 'r'c of Red Cone, a stark and wind- -.wept peak whose formidable terrain attracts four-wheel-drive enthusiasts from all over the c ounti ' "If you've never driven off a cliff, Red ('one will he a new experience," advises Larry I Ieck, an .- uroran who writes about four- wheeling 10 Colorado 11e e1assitie. Red Cone a. \'UL, which stands for "vehicle damage likely " Colorado's Front Rang'. Trucking water to the family cistern is a daily chore for Manouch Afshar of Braley Acres, where many wells have slowed or dried up since the late 1980s. Reliance on ground- water has drawn wellheads down by as much as 800 feet elsewhere in Douglas County. Spires of the Deaver Inten lems with automated hag facility now rates well aho If Spires of the Denver International Airport suggest mountains and tepees. Hurt by early prob- lems with automated baggage handling and disappointing air traffic, the 4.3 -billion -dollar facility now rates well above the national average for on-time arrivals and departures. As if squeezed through a crack in the Dakota Hogback (above), the Ken Caryl Ranch sub- division comes to rest in Front Range foothills near Denver. Houses or heifers? For now it's both in Parker (right), where cowboys, their stock pastured, secure the day's operations. I )anlage seem, unlikely for the Land )tuner belonging to my trnnl,anton, expert rlrlt'er 13i11 Burke ( HT -highway gear include, a 7,000 -pound Jack, a winch with portable ;un thor, heavy-dotet-(rything Two hattt•rie and a pumped -up alternator t an putt eu an onboard repair shop—air rontpre„u r, drill, grinder, welder if something break, County Road nu we,t of Ballet dr,appt.,u-, into gra)., threatening murk. whit b t ould mean ,note, even in Jul\ Nothing v t• can't handle. say,: I3urke ,\, tet• turf; Into ',att. mill Gull Ir. mt throat tighten, at a rot kir rangurncnt that could ttualift a, ,t tank trap Burke gives me the ',Alice] :Inc! .at. •'Stat on the road We don't a ant to tear up the neightiolhotld.' .The -road.' is a steep. (-irku nous -.lope of ,11 tee that look, like the ttrtrk of unto Stant who lantl,tapt'cl it tvith t oniter, ant! aspen on either ...ult.. '1.1•altalt(.,ton ,creaming, the I,re•,tttI' rutin( ed to 18 pound,. the Land I:oter become,;t land lizard that propel, 11#'elfover bruti,h rot ks, pits hung flout ,itle 10 .u11' like a boat in a ,toren We tort and grind and hula above the tree line 1lere the roast Is t uttnpar:t- trt'el} .mouth I •sol, to admire platoon.- of old 1114111 71f-Ilse-r1nunltilt) , alpm,' -nn11. OA,•1, ht at er1 ht 111111 k ,teens ;lgai!,t ,u1 ul,t,ltrrl te11111 V1/4 1111 re:u•t 1 ml rh•t pe•I e, at Rc•rl (.t 11111 A. rtt„ -teelt ,I•.1. 4 lout.- 11 Ilantlt ,,rt t, of tilt• Holt Now for '41111• rt. lle axles..i ; ;1,' ,e1 .I..peamid .1(.44 11 :, 17111er . na,lrr v1; 111;,1 (rrram of 1\'eI Ire•..I H. hate 111411111' tit in‘ a• 111. I, lit rock rl' -1'.14 1•. I- Ind, 1, 11 11 . )lege In 117111 .1 fling tl. ,t,t i, I,,aIg ,urnt"NI .1 4 11•,4!' tt. ,111011 •i 111 her 11 1 r'ler lI- u1 rlt't \ut,'rll ill (;#1.1.1.:(11p111. \1,; erne.? r•''1!' (.+,. •e',rf, r', f•, urn; %\tlrr 11111(1. With relief I return the wheel to Burke. who pauses at ked ('one', 1?,801 toot sum mit. Across steep ,lope, he the avalanche chute: of Hand( art (Milch Ahead the N'lount of the !lob ('ru:., pyramidal and distaru "Now for some excitement,- Burke says Ile locks loth axles. drives over a cliff -like •Is -degree slope and ,killlull+ manru+er' u down a roller coaster of roe k, to the more normal terrain of Webster Pass I feel privi- leged to have made the mountain', acquain- tance rock 11, rock PEN SPACE k 111 danger of becoming a privilege in Front Range t ouniry. According to:,tate figures, Colorado is losing ;ohne (10,O00 ae res of rural Land a year to subdivisions, malls, and the other et cetera', of development Voters in (nlurarin'+ 1')(1)21 lirnr�r e+crul I•rcmt Rano c 11111)11(, ,111(1 nurniclpal it IV' have agreed 1„ ink rea-t- the :ale, tax to 1111•,- land and ,et it a,hle Rut. ,a., Carolyn I Iolrnheh du -t -t for of k'arks and t leen'spat e I(r Boulder ('aunt\, "1 don't think we'te making a dent '' Since I'i 5 ler ( mint \ has -et :side around 40,(1(111 a,. les "fhrotighnut Colorado .i 11(11(1 trust, pill 11 111 to help preserve open spat e flee+ nlana,e• tens of thousanl: of acre, -et aside through (request:, (Ionatton,, and a h+lrr• of preserva- tion known a-.1 ,rnservath'n easement ( odorado t illen Land,. ;u land trust found- ed 111 11(R I , acinlinisu'i-s the 3,801; -,tete I'hn,• Cliff Ranch near 5\01)1111, hernnle(I iu h\ ,uh- livishon, on three ,ides and a mountain ridge 1111 the other. "What +4)u err 14)11,1+• +VIII he I,rr,e reed fore•+ertunre....ay, Lee 1 i11,11. ;1 re 111111 111 M'1 exrl utl+•e and the dust', president TO MANAGE PINE CLIFF as a working; cattle ranch, the first such arrangement on the Front Range, the land trust. has engaged Ron Knodel. who grew up on a "little bitty old farm" in 1lighnuirc. South Dakota. and remembers "frost on the nails" in his upstairs room A natural horse- man. Knodel hired out as a cowboy and ranch hand in Montana and Wyoming, mov- ing; cattle, mowing hay, harvesting corn and wheat, loving every moment. "i determined to live my life this ways" he told nae. Knodel has .settled into Pine Cliff with his wife, i.vnn, and their children, Cody and Kendra, who helped him bring in bUU bales of hay in only one day last year Eventually Knodel aims to Increase his cattle from . 5O to COU head Meanwhile he manages "every - thing from the wildlife to the weeds," includ- ing a beaver whose dam, growing ever taller, threatened to flood a ranch road. "1 didn't want to tear the darn down," be said "The beaver would dust rebuild it." ;o Knodel fooled the beaver by inserting a drain pipe below the ['rest to stabilize the water lex el The bearer. thinking his dam was . ont- plcte. proceerled downstream to built! moue dant, Just what Knodel had in mind for "waterfowl habitat ;and erosion control." To move a herd of i,lat k Angus cattle to fresh graze, Knodel subtly motions floppy - eared 'Liz. his eager Border collie. whit h has been vatting for this moment. Tai launt he, like a torpedo and makes course forret tions act ording to Knodel', chirpy w histles ,and ort (' t ommands. The t attic move 011 .11100th - It "i don't have to tell her a whole lot," says Knodel. It s plain that fine ( 1i11 Ram h will he rir Knodel', good hands and '1-az'• swift feet for a long, time. If the Front Range keeps grow ing as it has been, years hence Pine Clift will be site tithing of a ntuseunt for suburbanites who might want to see what a rattle ram li looks like Increasingh these days, ranches arse that in name alone Hunggr for living u e. metropolitan Den- ver has pushed south to I lighland.. Rant h, 1? miles from downtown. The new subut b rs being t arved from 2,000 acres of rant bland lit the \'li'sion Viejo Com - pay , a subsidiary nl Philip Morris. ,Joseph )-Hake, senior vice president of Mission Viejo, tells me everything is planned "People want to know where the st hook me. the parks, the roads " takes me for a drive down Highlands Ranch Parlsw ay , past obedient files of homes that wind like conga lines among corridors of open span e "It's reallt great,•. Blake sa\s, adding that 7,001; al rets to the south ere reserved for wildlife habitat Forel aSt to toll out at al,011(1 people early in for next century. Highlands Evan[ Ir now holds ;n•ito Iteol,leand uncounted numbersnt prairie Clogs. which fare extermination ast''nstrut tion nears When Innaigators gassed a colon near her home last Iuk . Kathryn (..arlton t in ulate'I a protest petition to Mission \'ieju management. i11ake vowed to relot ate t he animals in the future w hen possible I have visited I Itghiands Ranch several times anti am alw:ns strut by two thnig.s rts "S.O.S. Save Our Small Town Way of Life," says a badge worn by a participant in a town coun- cil meeting in Parker. A former stagecoach stop and country crossroads, the Denver sub- urb had 11,075 people last January. At Love- land (facing page) the boundary between town and country is drawn stick -in -dirt style. \ulirnur( Lrr,errtfihr . .VH1.1 flaw; I.nit, variety of antra( tive housing li• hon an., at least—and a lack of pedestrians Today 1 (ink t' by precut la«•ns and precise hones whose garages front (;lenhavcn Road, their closet! doors hke closed mouths that have swallower) residents being digested inside, Perhaps these folks have merely escaped to Colorado's high country to ski or to snow- board, the area's fastest growing winter sport (_)n a frigid January morning at Butter- milk Mountain near Aspen, 1 watch as 18 women present anxieties to Kevin Delaney and his corps of coaches at the Delaney Snowboard Vamp, women's division They are working professionals, mother. and one grandmother—my wife. Connie, a "never -ever," or snowboard neophyte The women are sear( ping for.nowboarding's characteristic "breakthrough" moment when everything tilt ks and they're no longer afraid of falling. Delaney passes out kneepad-. elbow pads, >.vrist guards. hip and butt !saris. Nevrr-evers buckle one foot and learn to maneuver their boards, looking like, tub footed mummies escaped from Egyptian tombs. They start on the !runny hill, a gently sloping training run. Some are quickly pro- moted to the upper slopes. For Connie it's a frustrating afternoon. with many falls and stifled tears Next day nearly everyone returns from the upper slopes grinning accomplishment On the bunny hill. Connie glides into .l biting wind and blowing snow, links a dozen turns. and rides to the bottom, falling once ('oaclt Suzanne Gouda exults. "It's your lou:tL- through moment'•' ('canine smiles bro,,,ll'. In Rt•.AL.t.Y UNIS VIAN 1 12) SAY that we may love a plate and still be dangerous to it,' u rote \\'allace'tegnl•r, a son of the West who loved its past, questioned its present, . and feared for its future A breakthrough is needed "I can't smell the sage ;in) more when 1 open my window," Saundra Vitalianu Ebel - hard of Littleton told (;overnor Roy Romer at a press conference in 1','14. \1'hen her remark appeared in the Ih'nl•e) 1'o.s1, a firestorm of readers responded w1th letters ruing decline in the quality of life John Gates of Aspen claimed that pollution was obscuring the stars ',the Pleiades are just a smudge „ t )n the other hanI, folks like Ails.utn Viej o's Joe Blake stand up for growth A. Ion Elk spill out of Rocky Mountain National Park to feed in tradi- tional wintering grounds, now part of Estes Park's expand- ing suburban fringe. Each year about 75 elk are killed by cars. Wildlife manager Rick Spowart Inas had to tranquilize the animals to remove tangles of clothes- lines, wind chimes, extension cords, and tomato cages from their horns. One cow has menaced skaters on a bike path. "She really dislikes rollerbladers," says Spowart. for ,c , t !Oral lied .toile• response !' happen." Blake says strong sense of property rights and a sospi- cton of go\errlinent The state i< not going It, ly, '\\t•'vc h, -td th tve'r goo: to limit building pernuls ' The lot als would rise u1 and white them (;rt•,tt , ales art n't built FIN pessimists '• (;tet error Runner -121-1- the trennoi s pr, ceding a political quake. •'1 kiitm .chat sage smells like." says Rome; , tt hu ::r, up on a farm in Hulls "And 1 vane p2operi rights •' Taking hold of Colorado at its 2u„t 12omei t onyt•nl•tl state2t idt smart (;rot 111 meetings. asking t liens, • \\ h,tt do tial %yant Colorado to he like rt sear Iron not(”" Router sa) s he is in tog ti '•rood% ale people conunurltt•, to mold then o,yn ,leslitues " Notional (;eo'rr1/2hir .1 n rl,rht• 1-n, :herr Ir-tu;t r :,•-p,t:r .11 Ih,• mien 21 Old rt I.turatrur I ,hu I,u1 coot. p.oksinc u.t•, 1"pt n n„tt .• •a- ,ad. 12i, L, "r, ,e1-,-. n1.LV1, he •o -•,s r, ties•. 11,rt• e 112.1, , Iu•u ,b'; n, t ,, t .t:t.2rnctl ntec;tl _e.iton „t Ih, \\.lsulri. 'It, -an I t,e::o I r,•t•Lt•2 '1t, .211,11,n02\ sort„ I c.o. ;ng I rent e2 on I •1:1• e ;ote,trd [:runt 1 ( Inc man'. (1,444 my may hove another•- de•ltair.:\t the meeting rn \'ail, :\-lien mayor and rr,tauratcur john Bennett roc to report that pay parking \t•)t:. ming the traffic pr4411 11•0114 011 Caul walk around downtown :\:pen no\t', he :said "Life i• good Riek Steven'. mayor of Basalt, 24j mile• dtmat •allt•y. said hr kne\y where 1111,•t• Cars %ver-r—they \very parke'l I,\ the �i ore, in Ei:l,alt. \\•i tlt•I\'rIS r 0111(1 t,11t• 1 he 1,11, Io :\,1)1•11. For ram .l Colorado i74 confronting the ilt•• tion, growth hrul.-. The I•ront Range Ira. not yet attained megalolx)11• ....tattez or the t(in- gest1,tnof the \\:l•It111L'ton-Roaon corridor 441' the San 1)iego Freeway Not vet I remember the t autionar\ wore!. of \V..tIIaer Stegner Leaving Denver on a t 4)1.1 1 ret ember lLty . 1 drive toward Front Range foothill:, The ( oiorodo•' 1•)1.n1 Ranee 1)111!.I111L'> x1111 hit11•t'. N rat .1 talllI t ,t>1 ttl 11111 -7..-.1— the [tail 4.1 'h, Irtt:% n loud .\- ler: X11, 1 141111 off at ar reit k to\l .4. •1 I )em'cr, and g,ul, [•rule Ilii• an Zit the • • .,o11 gun ha• mutated the Iii to .•: u't .t great purple -.meat t11,11 o1../ ore. tin ' ..r if I \ an inland -ea •Tin' Vic IA' is 4 \c1n)g. thrr;urnul, Though 1 I.no\\ that a frt•,h \\ Int! \t ill .04m Ili -!tel the cloud and elran•e the it}. 1 a,l, n;� •ell \t het Ler 1 and the other, \\ lett ht\ •' tilt` !)1,14 r \till pr')ve tlangerou. to it Land, \\atter .tn,l t le.111 011 are finite tt 11.lrttil it••. 11,4. 111114 t i •41 people 1414 lo.tking. to 11,1• 1111'111 ,rem• 1.0111141 0111•. 11. 1111 rt•a<r .\n Imminent 41.th_t'r. 1 think. 1• that ate Le 14,,re41 t,t rie•ath In n.\ .0...11 net k •'t lte \to4441• In tiny (;lerl\tot4I'Militia-. .4 ow.% deer 1 nirirnt hoppinc ul 1n the Ro;,rn.:; 1 0: k Glittering Denver seen from above the tract mansions of a foothills subdivision near Gene- see recalls a prediction of the city's founder in 1859: "Everyone would soon be flocking to Denver for ... fine air, good water, and every- thing to make a man happy." Valley offers the common denominators 01'0 certain kind of visual blight in these parts trophy golf course nestling amid trophy houses going up beside a trophy trout stream Will these houses be like the gabled giants that elbow each other for space on the hill- sides of Vail and Aspen? i share the concern of Diane Wilk, associate professor of architec- ture at the University of Colorado at Denver, about the lack of a regional architecture. 102 ..Them isn't any," she say, "that tvoulrl and irlentigine this area an enduring.sense of its history h.'. enduring. We are btis getting rid of possibilities on a flank of the nevi development. 0 rtnigh-hewil log -and -sod potato barn, big 't' a three -car garage. s been one 1)1 the fixtures o m�olri'hmr Cohnril'i aldol, that 1 admired. It told me stories about heat. cold, and wind. about straining muscle,, the hunk of axe;, and sweatit]g mus 510/king up 0 thirst i like to imagine that 0 young architet t, tuned to rhe statement of it, angle, and proportions. its stlirdv silhouette• ,tnd the way it a a, rooted to the gt wrol, might have been inspired to include some of these e haracleristic` in a modern dwelling.- all amenities included, of course that we .lulu!(1 lit e in Potato barns. Xatoai Gr':.{rre�lrrr • .'ntv',nbei soya Out predecessors (vet on frills Rut it (tots!!(. thing that is partictdc- so to ,peak, part of tl. state without fa i11a1't self consciousness, C'urnc lite iu na and r. 0l. In hells i under:. to come here ITERNA 1 iiitli•: ri generation residd stork. In a.hoei tt as horn in a to fished, on a rand die Eagle and C olora "(don't like nett., • o! but tog toy s fur het smell of baking brear ( r,fol•Qrl,'.-,•ront Rami Our predecessors were long on survival, short on frills. But it would be nice to live in some- thing that is particular to this region, that k, so to speak, part of the family, that would state without fanfare or embarrassment or self-consciousness- This is where I belong. Come live in me and learn about yourself I can help you understand why you wanted to come here. ERNA TIBBE7'rs e,ARDNER is a fourth- generation resident of this valley who works in a shoemaker's shop Fier father was born in a log house, now demol- tshed, on a ranch near the confluence of the Eagle and Colorado Rivers. "I don't like new," Vet na tells me Instead of buying toys for her kids, she gave them the smell of baking bread when they got home Coloredo'r Front Range from school, SO that The smell would "Lush into them and make memories " Verna needs around her the old furniture and other familiar things that make her (ilk 11 memories anti tell stories about her runts and other permanencies That doesn't mean she would turn down, a new pickup trut k, if offered. But she'd still keep the family's odd "gut wagon- her husband uses to brine back elk and deer he kills. I' en though it', "old and crunched," schen you put it in "gran ny," the lowest gear, it goes placer where other trucks don't. Thus Verna is a conservator 01 old and new. Because she know s where she came from, she knows wvho she is and wht•ie she's going 1'hal's a pretty good way to keep your feet on the ground while the tremors of growth are rocking Colorado 11) 1 t w y 1 o4 ,; -{- Thvy1 e s. IS Ike-{'a'J.� u� 1 �. y12+� 4.) o-( 1 V hL, be -Are.. I J n�nevi • Pel l 6P- 4 cro -01-1).j A-1/4) 11 i) /0 aC�j lied(,- c ri4w 4- Qi4 - , 1 w, J v 4 -(5 7i 1 se dle✓d e•%. I ivies1-I 1 • ��c )c re -44✓1 i 3 • loe t 34-0) -� 061,1 p i e I1 �' v.� -r'',! y1 k ham/ / sr 40 -4 GLNi1an1 424 J 0 C el4.4 1104z Sera 1 -f -f P-# 2 "-i ),1-) £ 4 /14 N f,-.14 'i? S 11/4 w /111 f i^` 5- rrA—..A 1'5 c ,v1.i s,i IAA ,-1-i . 41),- re �..,,•� -% - A,,r4-h-4-F-� S�►�� l s E'v1 run Al e -N -1- ��,�,�� m,- 1¢i1 601- 64_4,1 ,2.3 7�rwl I4,u 'li,J l ,1111 1 (441 03 Pi f 'rho GI!, a46, 1d 7 Sc GI ci-f' "Cf. row-/J/a3 , 07,) ;.� (Jo /+ , �ur o vl / W��11 - S - ' CAS 5�� /pc /�� /zfi/��„J Q( tile- iZe 0 rJ PYI 7/1'C- QG� �uM )7 s /11_ s - I () 7 -He I07, I F Nu UNQ L/Aj 7h 71 NI D 12A3LIcAL 7l ( S 7, , p*%(bi 7 7f rifieo or et_c.v ,n C ' T 51- t ` n/u G ;/1)(- i uG-/I •'.1 .1 At1 % CU -08-05 - Childcare Facility - Jennifer Vandersnick PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YES/ NO? PRO/CON _ Bu'i t6 i no, vr►IC�kiU41(i( 1MtCk d k 1 VI (Vrt-DelI'1 i-irt.0 ki-/;„ r.. /rev )34.7 N- 64,H f 3k-U7gZ ri, sem► Page 1 f 1 FI \COUNCII \GI:NDAK'CSIGNUP.WI'U V-1-05 - Variance From the Fifty Foot Floodway Setback from Dry Creek - Ea2le Church of the Nazarene PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT ,7 YES/ NO? PRO/CON ht 6c U[✓tij f! 17 l) >vA{,1 IJi �� Glh L j Page 1 f 1 II \CUUNCIL\AGENDA\CCSIGNUP \VPI) PP/FP-3-05 - Combined Preliminary and Final Plat for Erland Subdivision No. 1 - Bob Erland PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. ADDRESS/ TESTIFY TELEPHONE SUBJECT YES/NO? PRO/CON NAME Page 1 f 1 H:ICOUNCILIAG ENDA1CCSJGNUP. WPD VAC -02-05 - Vacation to the final plat of Countryside Estates Subdivision No. 1— Ford Family Revocable Trust PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT Page 1 f 1 H:1COUNCILIAGENDAICCSIGNUP.WPD YES/NO? PRO/CON CU -10-05 - Church Facility Expansion - Ea2le Church of the Nazarene PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, September 13, 2005 7:30 P.M. ADDRESS/ NAME TELEPHONE I i46b to nn t 4 En -S3 ‘-)1, 535 5115 1 SUBJECT t.L.9fr -r 1%7/715'% C- rir Page 1 f 1 H•1COUNCIL\AGENDA\CCSIGNUP WPD TESTIFY YES/NO? PRO/CON 0)+7f-✓ yes Eagle City Council Public Hearing Sign-up Sheet Subject: CU -08-05 - Childcare Facility - Jennifer Vandersnick: September 20 2005 6:30 p.m. ADDRESS/ NAME TELEPHONE LAI Page 1 f 1 11 \COUNCIUAGENDA\CCSIGNUP WPD TESTIFY SUBJECT YES/NO? PRO/CON Y.0c . Pa) Eagle City Council Public Hearing Sign-up Sheet Subject: VAC -02-05 - Vacation to the final plat of Countryside Estates Subdivision No. 1— Ford Family, Revocable Trust: September 20 2005 6:30 p.m. NAME ADDRESS/ TELEPHONE Page 1 f 1 H:I000NCIL\AGENDA\CCS IGNUP. WPD TESTIFY SUBJECT YES/NO? PRO/CON Eagle City Council Public Hearing Sign-up Sheet Subject: PP/FP-3-05 Combined Preliminary and Final Plat for Erland Subdivision No. 1- Bob Erland: September 20 2005 6:30 p.m. NAME ADDRESS/ TELEPHONE Page 1 f 1 H:ICOUNCILIAGENDA\CCSIGNUP. WPD TESTIFY SUBJECT YES/NO? PRO/CON Eagle City Council Public Hearing Sign-up Sheet Subject: CU -10-05 - Church Facility Expansion - Eagle Church of the Nazarene: September 20 2005 6:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT , YE/NO? PRO/CON / wA1e2, /;•-,P,./2--' t. ' , T f wt 'Rota , (3q- 6Clo / ` `t7 IO Page 1 f 1 H,\COUNCIL\AGENDA\CCSIGNUP, WPD Eagle City Council Public Hearing Sign-up Sheet Subject: V-1-05 - Variance From the Fifty Foot Floodwav Setback from Dry Creek - Eagle Church of the Nazarene: September 20 2005 6:30 p.m. NAME ADDRESS/ TELEPHONE Page 1 f 1 H:I000NCILIAGENDAICCSIGNUP.WPD TESTIFY SUBJECT YES/NO? PRO/CON Eagle City Hall 310 E. State St./P.O. Box 1520 Eagle, Idaho 83616 (208) 939-6813 (ext.201) fax (208) 939-6827 To: Mayor & Council CC: City Clerk From: Tracy E. Osborn, CMC Date: September 16, 2005 Re: Add to Agenda f;, A memo from the Deputy City Clerk Open Container hermit application: Laurie Hanggi is requesting an open container permit for September 24, 2005 from noon until 8:00 p.m. at Merrill Park. Eagle Police Dept. has reviewed and approved the application and fees have been submitted. I'll he rine...give me just a minute. Date: 9/1005 CITY OF EAGLE Application for Permit for Possession and/or Consumption of Alcohol Beverages Permit fee (to be submitted with application): $20.00 Name of individual or sponsor: (if the applicant is an association, company or corporation, then it shall state its name along with t names of the persons who will be sponsoring the event.) Address & telephone number: (both legal and local): , _ - co - cs p.+6 -ton PI Quantities & types of alcoholic beverage products to be used at the event: irk/l/.. Dates & hours during which the permit is to be effective: V464 Location of event: Description of event: / /d vv. 4707-7/ /'?/ rG'i2!/!ZUU/20[6/ f��C1i The applicant must provide written approval from the Ada County Sheriff's Office signifying they have reviewed and approved the area in which alcohol is to be served. If the applicant is a non-profit entity, they must provide a copy of the state issued catering permit for the requested event prior to this application being processed. Signature of Applican . /,,(%/// ] 7;�CY7 Date: /0,� ******************x** le*********** *****' *9(************,k******�F ******************** FOR OFFICIAL USE ONLY: City Council Action: Approved: Date: Denied: 3-2D-4: PERMITS: B. An applicant for such permit shall make application to the City Clerk, remit a twenty dollar (S20.00) fee, and comply with all rules and regulations related to such use. When the City Clerk determines that the application is complete, the City Clerk shall present the application to the City Council at its regular meeting for approval. Such permits shall be at the discretion of the City Council and shall be denied upon the City Council finding the public health, safety or welfare will be adversely affected upon granting of the permits. (Ord. 323, 5-12-1998) K \Clerks\Forms\applicationsd'ossession - Consumption Alcohol App1ication.doc SEP -16-2005 14:47 FROM: September 16, 2005 Sharon Bergmann, City Clerk City of Eagle 310 E. State Street Eagle, ID 83616 RE: Permit Approval for Laurie Harggi Dear Sharon, I have reviewed site plans for the following individual(s): Person/Group: Laurie Harggi Event Date: Event Time: September 24, 2005 12:00 P.M. to 8:00 P.M. Event Location: Reid Merrill Park TO:2029396927 P.3/3 Gary Raney, sheriff In accordance with Eagle City policy, I have reviewed the site plans and find no objection with any of the applicants. Thank you, 3eiAs4, 301,44=— Dana Borgquist, Chief City of Eagle Police 7200 BANNItrFN DNIVf • B015t, IDAHO 83704-9717 TFI: 708-577-300o • FAX: 708-511-5009 • WuiSIrt: WWW.AD MHFRIFF.CRG 1-ETO PPR< qg 9d-fL Nco 0 sr I • BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A COMBINED PRELIMINARY PLAT AND FINAL PLAT FOR ERLAND SUBDIVISION NO. 1 FOR BOB ERLAND FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP/FP-03-05 The above -entitled preliminary plat and final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 1, 2005, at which time public testimony was taken and the public hearing was closed. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Bob Erland, represented by Tim Mokwa with Toothman-Orton Engineering, is requesting combined preliminary plat and final plat approval for Erland Subdivision No. 1 (a re- subdivision of parcel "C" of Merrill Subdivision No. 2), a 2 -lot commercial subdivision. The 1.638 -acre development is located approximately 1800 feet west of the intersection of E. Iron Eagle Drive and Edgewood Lane. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on June 22, 2005. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 11, 2005. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2005. Requests for agencies' reviews were transmitted on June 28, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky Mountain Business Park consisting of consists of 26 lots on approximately 40 -acres. On June 8, 1999, the Eagle City Council approved the final plats for Rocky Mountain Business Park Nos. 1 and 2. On August 8, 2001 a Lot Line Adjustment was recorded creating Parcel "C" within Merrill Subdivision No. 2. E. COMPANION APPLICATIONS: none Page 1 of 15 K•IPlanning Dept\Eagle Applications\SUBS120051Erland Sub No. i pzf:doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Mixed Use No Change Mixed Use Public/Semi-Public & Mixed Use Mixed Use Mixed Use G. DESIGN REVIEW OVERLAY DISTRICT: H. SITE DATA: Total Acreage of Site — 1.638 -acres Total Number of Lots - 2 Commercial - 2 Industrial - 0 Common - 0 Total Number of Units — 0 Total Acreage of Any Out -Parcels — 0 ZONING DESIGNATION MU (Mixed Use) No Change MU (Mixed Use) MU (Mixed Use) MU (Mixed Use) MU (Mixed Use) LAND USE Vacant Commercial Subdivision for Two Commercial / Professional Office Buildings East Iron Eagle Drive State Highway 44 & Eagle River Development Vacant (Rocky Mountain No. 3) Office/Retail Not in the DDA, TDA, CEDA or DSDA. Page 2 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzfdoc ADDITIONAL SITE DATA Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area (measured as total landscaping of the entire site) Percent of Site as Common Area (measured as total landscaping of the entire site) PROPOSED N/A 25,200 square feet 200 -feet (approx.) 200 -feet (Lot 2) 0 0 I. GENERAL SITE DESIGN FEATURES: REQUIRED N/A 0.16 -acres (7,000 sq. ft.) 50 -feet N/A .164 -acres (7,127 sq. ft.) 10% Greenbelt Areas and Landscape Screening: A greenbelt/pathway has previously been constructed along State Highway 44 abutting the southern boundary of the Rocky Mountain Business Park development. This subject site will be required to provide additional landscaping along the pathway adjacent to the bypass (SH 44), screen outdoor storage areas, trash receptacles, exposed equipment, and provide off-street parking pursuant to Eagle City Code and the conditions of approval for Erland Subdivision No. 1. Open Space: Because this is a commercial subdivision located within the MU zoning district, a minimum amount of open space is not required. However, a minimum of 10% of landscaping will be required throughout the site, pursuant to Eagle City Code Section 8- 2A-7 (B) (2). Storm Drainage and Flood Control: Storm drainage and parking lot construction plans were not submitted with this application and are required to be reviewed and approved by the City Engineer. Lots are required to be graded so that all runoff runs either over the curb, or to drainage easements, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. Potable water is to be provided by Eagle Water Company. Irrigation is provided by Rocky Mountain Pressure Irrigation System. On-site Septic System (yes or no) — No The site will receive service through the existing services provided by Eagle Sewer District. Page 3of15 K:1Planning DeptlEagle Applications\SUBS120051Erland Sub No. 1 pzfdoc Preservation of Existing Natural Features: Existing trees (within the landscape strips abutting the roadways and along SH 44) surrounding the site shall be retained. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: Public No new streets, street widening, or dedication of right-of-way to the Ada County Highway District is proposed with this application. All streets within this subdivision were previously approved with Merrill Subdivision Nos. 1 & 2 (Rocky Mountain Business Park). Not all of the proposed lots within this subdivision will have direct lot access to the public streets. Lot 2, Block 1, provides for cross access between the lots to the public streets for pedestrian and vehicular traffic and is to be noted as such on the final plat. There are cross -access easements in place from the abutting properties to the east and west. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: N/A Sidewalks: The 5 -foot wide meandering sidewalks (separated from the curb with a 5 -foot wide planter strip) adjacent to the public streets abutting this development were previously constructed with Merrill Subdivision Nos. 1 & 2. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards have been constructed abutting East Iron Eagle Drive. Lighting: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of a zoning certificate. Street Names: No new streets are proposed with this application. Page 4 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzf doc K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See discussion under "Sidewalks" above. There is also a ten (10') foot wide meandering pathway located within a greenbelt easement in the southern thirty-five (35') feet of this site. Bike Paths: None proposed. L. PUBLIC USES PROPOSED: None proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — Yes — Boise River Floodplain Note: Portions of the Merrill Nos. 1 & 2 Subdivisions are located within the Boise River floodplain. All floodplain and floodway concerns were addressed as a part of the Merrill Nos. 1 & 2 Subdivisions, and associated floodplain development permit application. Evidence of Erosion - No Fish Habitat - No Floodplain - Yes Mature Trees - Yes, within landscaped strips adjacent to roadways and SH 44 Riparian Vegetation - No Steep Slopes - No Stream/Creek - No Unique Animal Life - No Unique Plant Life - No Unstable Soils - No Wildlife Habitat - No Historical Sites - No O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: Q. Ada County Highway District Central District Health Department Chevron Pipeline Idaho Power Company Idaho Transportation Department Joint School District No. 2 Ringert Clark (Drainage District #2) LETTERS FROM THE PUBLIC: None received to date. Page 5 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzf doc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 5 — Economic Development 5.5 Implementation Strategies f. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural identity. g. Encourage commercial growth adjacent to the Central Business District and discourage isolated commercial development in outlying areas. h. Promote additional employment opportunities and expand the economic base by a) encouraging growth and expansion of existing businesses and industry and b) attracting additional business and industry so residents will be provided with adequate commercial services and facilities. i. Excessively large single entity businesses that would jeopardize the competitive business environment should be discouraged. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • ECC Section 8-2A-6 (A)(1) Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. Special review items should include: a. The functional relationship of the structures and the site in relation to its surroundings; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; d. The arrangement and adequacy of off street parking facilities relative to access points, building location and total site development to prevent traffic conflict or congestion; e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and vehicle service facilities; f. The access, parking lot, and interior roadway illumination plans and hours of operation; 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. Page 6 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzfdoc C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • ECC Section 9-2-3 (B)(1-5) Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exist: 1. The proposed subdivision does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like; 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. • ECC Section 9-3-5 (B) - Lots shall conform to the following standards: Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future re -subdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the City Council prior to taking of such action. • ECC Section 9-3-6 - EASEMENTS: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). B. Unobstructed drainageway easements shall be provided as required by the city council. • ECC Section 9-4-2-1— CONSTRUCTION PLANS: It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross section, specifications and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies and all construction plans shall be prepared in accordance with the public agencies' standards or specifications. D. DISCUSSION: • Staff has reviewed the particular facts and circumstances of this proposed combined preliminary and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: The proposed combined preliminary and final plat: 1. Does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; Page 7 of 15 K:1Planning Dept\.Eagle Applications\SUBS120051Erland Sub No. 1 pzf doc 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like. Note: Portions of the Rocky Mountain Business Park are located within the Boise River Floodplain, however, all floodplain concerns (including all concerns outlined in ECC Title 10) were addressed with Merrill Subdivision Nos. 1 & 2 (FPUD-2 &3-99 & FP -7 & 8-99); 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. • The applicant proposes to resubdivide Parcel "C" of Merrill Subdivision No. 2 as shown on Record of Survey No. 5503. With the platting process, no physical change will occur to the site itself, only that the buildings will be available for individual ownership rather than as a lease option in which all the buildings are owned by a single entity. • The overall site development must comply with the requirements of Eagle City Code and the conditions of approval for a Design Review application. • It is staff's opinion that this plat will not significantly affect the previously approved subdivision plats approved for the Rocky Mountain Business Park development. In this situation, all the lands within this property are subject to the requirements and conditions of Rocky Mountain Business Park PUD and Merrill Subdivision Nos. 1 & 2. • The applicant has indicated there are cross access agreements between this property and the properties to the east and west. A copy of those agreements shall be provided prior to the City Clerk signing the final plat. • The applicant has not provided construction plans for any storm drainage of the parking lot for review by the City Engineer. These plans should be provided for review and approval by the City Engineer prior to the City Clerk signing the final plat. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August I, 2005, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). Page 8 of 15 K:1Planning DeptlEagle Applications\SUBS120051Erland Sub No. 1 pzfdoc COMMISSION DECISION: The Commission voted 4 to 0 (Aspitarte absent) to recommend approval of PP/FP-03-05 for a combined preliminary plat and final plat application for Erland Subdivision No. 1 (formerly parcel "C" of Merrill Subdivision No. 2) with the following staff recommended site specific conditions of approval and standard conditions of approval, with underlined text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer's letter dated July 27 2005. 2. Comply with all conditions of CU -4-98/ PPUD-1-98/ PP -3-98 (Rocky Mountain Business Park) and FPUD-2 &3-99 & FP -7 & 8-99 (Merrill Subdivision Nos. 1 & 2). 3. The subdivision and buildings shall be designed with architectural elements in compliance with the Eagle Architecture and Site Design Book (EASD). The applicant shall submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site, with details showing how each building will compliment the others with said design elements. The master plan (including perimeter landscaping and parking lots) shall be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate for the site. 4. Design Review Board review and approval of a master sign plan is required prior to the issuance of a Zoning Certificate for the site. 5. The applicant shall submit a landscaping plan including landscaping requirements of anticipated parking areas, to be reviewed and approved by the Design Review Board. 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 prior to the C:t-y Clerk sig.g-the fif:al plat prior to the issuance of a building permit. 6. The pathway along State Highway 44 (abutting the southern boundary of this site) shall be protected from damage during any construction occurring on the site. Any damage that may occur on the pathway shall be repaired prior to the issuance of any Certificate of Occupancy. 7. The applicant shall provide a copy of the CC&R's with language stating that the landscaping, parking lot and other shared site improvements are to be maintained by one business owner's association. The proposed CC&R's shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. 8. The applicant shall provide copies of the cross -access agreements or plats indicating cross -access with the properties to the east and west prior to the City Clerk signing the final plat. 9. The twenty-five foot access easement from East Iron Eagle Drive for this site located on the adjoining property to the east and lying adjacent to the east property line of this development shall be vacated prior to the City Clerk signing the final plat. 10. Future re-subdivision(s) of any portion of this site shall be required to comply with ECC Title 9 "Land Subdivisions". Page 9 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzfdoc 11. The applicant shall add a note to the final plat stating that no direct access to State Highway 44 shall be permitted. 12. The applicant shall delineate the required easements or add a note to the final plat indicating locations of easements for access, utilities and drainage. 13. The applicant shall provide construction plans for review and approval by the City Engineer for all improvements (storm drainage and the parking lot) for to the C:ty Clerk siring th at on each lot prior to the issuance of a building hermit. 14. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 15. 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. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (LC. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. Page 10 of 15 K:1Planning DeptlEagle Applications\SUBS120051Erland Sub No. 1 pzfdoc See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall provide utility easements as required by the public utility providing service and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: Page 11 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzf doc a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or wallcway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. Page 12 of 15 K:1Planning DeptlEagle Applications\SUBS120051Erland Sub No. 1 pzf.doc 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. Page 13 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzfdoc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 22, 2005. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 11, 2005. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2005. Requests for agencies' reviews were transmitted on June 28, 2005, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed combined preliminary plat and final plat (PP/FP-03-05) and based upon the information provided concludes that the proposed combined preliminary plat and final plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested combined preliminary plat and final plat complies with the approved zoning designation of MU (Mixed Use); and b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan and provides the required improvements for a minor subdivision; and c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area since the buildings located upon the lot to be divided are proposed to be designed in a similar fashion to surrounding buildings and are required to comply with the conditions of a Design Review Board review and approval and the requirements of the Rocky Mountain Business Park PUD; and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with existing central sewer from the Eagle Sewer District. Fire protection is available from the Eagle Fire District and fire hydrants have previously been provided throughout the Rocky Mountain Business Park PUD; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved the Ada County Highway District and is subject to the conditions herein; and since no new dedication of public right-of-way is proposed or required; and f. This development is in continuity with the capital improvement program since the required public improvements are required as conditioned herein, and previously have been or are expected to be installed with the development of individual lots as conditions of approval; and Page 14 of 15 K:1Planning Dept\Eagle Applications\SUBS120051Erland Sub No. 1 pzfdoc g. That based upon agency verification and additional written comments of the Eagle Fire Department and the Ada County Highway District, or as conditioned herein, there is adequate public financial capability to support the proposed development; and h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of combined preliminary plat and final plat approval as set forth within the conditions of approval above. 4. The Conunission reviewed the particular facts and circumstances of this proposed combined preliminary and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a preliminary and final plat), has made the following conclusions: The proposed combined preliminary and final plat: 1. Does not exceed ten (10) lots; 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like. Note: A portion of this site (Rocky Mountain Business Park) is within the Boise River Floodplain, however, all floodplain concerns (including all concerns outlined in ECC Title 10) were addressed with Merrill Subdivision Nos. 1 & 2 (FPUD-2 &3-99 & FP -7 & 8-99); 4. All required information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the Zoning Title of the City. DATED this 15th day of August 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE da CounIdaho /Th Philllip J. Bandy, Chairman ATTEST: Sharon K. Bergmann, Eagle ty Clerk II•........ •SO0 O.. F ,4**-'- S e ov.P O j . '•. M•) gib •.... • • it t114, VOA • •�'PON ATEO•• •g1,oFi_p► 4.8•11118.0+ Page 15 of 15 K:1Planning DeptlEagle Applications\SUBS120051Erland Sub No. 1 pzfdoc N HOLLADAY ENGINEERING CO. E 32 N. Main P.O. Box 235 Payette, ID 83661 (208) 642-3304 • Fax # (208) 642-2159 ENGINEERS • CONSULTANTS September 20, 2005 Mayor Nancy Merrill City of Eagle 310 E. State Street Eagle, Idaho 83616 RE: Professional Rate Adjustment Dear Mayor Merrill: This year marks the beginning of the 23'1 year Holladay Engineering Company has been providing professional services to local govemment entities. After a lengthy evaluation Holladay Engineering Company has decided to increase rates for professional services. Since our initial hire in 1997, Holladay Engineering Company adjusted professional rates for Eagle in 2001. We have just completed an evaluation of our professional rates. The evaluation involved analysis of several factors including discussions with new candidates to fill professional positions. To continue to provide trained and high quality staff, we must remain competitive in salaries and benefits offered. We have not made this decision to adjust rates lightly. It has been our honor to serve you and we would appreciate the opportunity to continue to do so in the future. We believe that our rates will still be below the market rates for those professionals with comparable training and experience. We understand the effect that a rate increase has on your project budgets, but we feel that in order to not only continue to provide, but enhance the level of services we provide to you, this rate adjustment is necessary. The new rates will become effective October 1, 2005. Sincerely, HOLLADAY E INEERING COMPANY 7 Vernon E. Brewer By: Enc WATER • WASTEWATER • SOLID WASTE • PUBLIC UTILITIES • STRUCTURES • PLANNING • STUDIES STANDARD RATES FOR SERVICES (for 2006, to be adjusted annually) Holladay Engineering Company representative labor rates for engineering, geology, and related services are as follows: Project Manager III Project Manager II Project Manager I Design Engineer III Design Engineer II Design Engineer I Staff Engineer III Staff Engineer II Staff Engineer I Geologist III Geologist II Geologist 1 Staff Geologist III Staff Geologist II Staff Geologist I Scientist III Scientist II Scientist I Staff Scientist II Staff Scientist I Construction Manager II Construction Manager I $110.00/hr 105.00 100.00 100.00 95.00 90.00 90.00 85.00 75.00 100.00 95.00 90.00 90.00 85.00 75.00 100.00 95.00 90.00 85.00 75.00 90.00 85.00 Inspector/Observer Engineering Aide Surveyor Manager Surveyor Survey Technician II Survey Technician I 3 -Man Survey Crew 2 -Man Crew with Total Station 1 -Man Survey Crew 2 -Man GPS Crew 1 -Man GPS Crew Planner GIS/Graphics Manager Designer CADD Operator (Drafting) II CADD Operator (Drafting) Administrative Assistant III Administrative Assistant 11 Administrative Assistant 1 Other in-house charges: Mileage $0.40/mile Over -night stay 50.00/night plus expenses Expert Testimony 2 X Billing Rate CADD Computer 13.00 65.00 50.00 95.00 85.00 70.00 40.00 160.00 140.00 110.00 160.00 130.00 85.00 90.00 65.00 55.00 45.00 55.00 40.00 35.00 Hourly rates include normal costs of business overhead such as long distance phone calls, business supplies, and normal office function costs. If authorized in advance by OWNER, overtime work requiring higher than regular rates shall be allowed for specific work. Direct Project Costs are those project specific costs billed to us by consultants or vendors. Direct Project Costs shall include the amount billed to ENGINEER times a factor of 1.15. IIIHOLLADAY ENGINEERING COMPANY E32 N. Main Street Payette, ID 83661 (208) 642-3304 Fax: (208) 642-2159 email: hec@holladayengineering.com August 25, 2005 To: Bill Vaughan Subject: Lockwood drainage ditch On August 15 I was contacted by Amy Allsop concerning the drainage ditch between the Lockwood Sub division and Ballantyne Lane. When we visited the site she was not exactly sure which trees would be removed to make the new drainage ditch easement the need for which was caused when a house was constructed in the existing easement. I returned to the site later with a camera. At that time I met the builder and was shown the 8 or nine trees which would be removed for construction of the new road. These trees are located on the west side of the ditch and each tree is marked in red. A number of them are small and will not be missed. The largest Cotton Wood to be removed is dead at about 20 feet. Enclosed are 5 pictures of the Cotton Wood trees that are to be removed. Pictures 1 and 3 represent the bottom and top of the same tree while 2 and 4 depict small trees to be removed. Picture 5 shows another clump of trees to be removed. One of these trees has already fallen but is still alive.