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Minutes - 2008 - City Council - 09/09/2008 - Regular
EAGLE CITY COUNCIL Minutes September 9, 2008 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Presentation by Allied Waste regarding increase in Ada County landfill disposal fees. Rachele Klein, Allied Waste, presents a power point presentation and discusses the same. General Discussion. 2. Discussion with M3 representatives regarding Joint Plan for BLM Park. Bill Brownley, M3 representative. Displays a power point presentation and discusses the planning of the proposed BLM Park. M3 would assist the City in the planning and development of the park and secure BLM approval. We would front end the cost going forward. We are looking at $400,000 in advanced costs. Discussion on the terms of the development agreement. We invite public participation. We would propose that Council direct the staff to work with us to prepare an agreement that we could bring to the Council on September 23rd. General discussion. Gerry Robbins, M3 Companies, distributes copies of the Eagle Regional Park Conceptual Master Plan and discusses the same. Discusses the results of the survey sent out in 2006 and the meetings held with interested citizens. Discussion on the amenities in the Park. General Discussion. Mike Truden, BLM, discusses the Fish & Wildlife review. There is a streamline process that we have done with M3. We need to look at what the actual use of the areas is going to be. Right now we feel there can be some mitigation. Discussion on the ESA process. All of this will part of the decision that we will have to make in association with the City's application. There is a 45 public comment period. General discussion. 3. Mayor and Council's Report: Moved to end of Agenda 4. City Engineer Report: Moved to end of Agenda 5. City Clerk/Treasurer Report: Moved to end of Agenda 6. Zoning Administrator's Report: Moved to end of Agenda 7. City Attorney Report: Moved to end of Agenda 8. Public Works Director Report: Moved to end of Agenda REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:50 p.m. 2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHT ARIAN, SEMANKO. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Kathy Pennisi leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Patricia Minkiewicz, Deerfield Court, discusses the Treasurer Valley Journal on how tourism affects your community. I could not find Mayor Bandy's barb on tourism in the Eagle. The Communication Task Force expressed that the citizens want to hear from their Mayor. Discussion on events in Eagle. Discusses articles in the Valley Times. General discussion. Page I K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-09-08min.doc John Petroskey, discusses the BLM Park that M3 is proposing. I certainly don't see why we can't proceed in the plan that Mr. Brownlee has proposed. I think that this area should be called something other than a park. I do want to express the importance of an open process. There is tremendous interest County wide on preserving open land. General discussion. Kathy Pennisi, I want to acknowledge staffs response to NACFA it has greatly approved. You want to be careful with the perception that a developer is driving this process. NACF A would like to be involved in the process. Discussion on the amenities. General discussion. Jay Friday, my house is for sale, if it sells should I buy in Eagle again. You can buy a house on Linder for $144,500. I said this would happen in Eagle over two years ago. I read in my e-mail about a trailer park being approve and read a movie theater was expanded. General discussion. Bill Brownley, M3, displays the schedule and discusses the same. The plan is a conceptual diagram that involves all of the individual components. Discusses the planning of the park. Discussion on the City proceeding with their request to BLM. General discussion. Barb Jekyll, I want to add that it seemed like more of a M3 driven process. Discussion the amenities and whether it should be called a park instead of a reserve. General discussion. CJ Thomas, discussion on what natural open space is. General discussion. 5. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims A!!ainst the City. B. Open Container Permit: Bittercreek/Red Feather LLC. is requesting an open container permit to be used at the Ada/Eagle Sports Complex (V elodrome) on September 14, 2008 from 10:00 a.m. to 6:00 p.m. The standard conditions of approval shall apply. (ME & SKB) C. DR-42-08 - Modification to the Monument Si!!n and Two Buildin!! Wall Si!!ns For Subway - Subway Development: Subway Development, represented by Neil Caldwell with Idaho Electric Signs Inc., is requesting design review approval to modifY the existing monument sign and two building wall signs for the Subway restaurant. The modification includes removing the two internally illuminated building wall signs and the internally illuminated monument sign and replacing them with halo illuminated signs and reducing the height of the monument sign. The site is located on the northwest corner of East State Street and 2nd Street at 182 East State Street. (WEV) D. DR-43-08 - Common Area Landscapin!! for the Lakemoor Lifestvle Center _ DMB Investments/B.W. Ea!!le: DMB Investments and B.W. Eagle, represented by Talena Dovel with The Land Group, are requesting design review approval for landscaping within the common area streetscape within the Lakemoor Lifestyle Center. The 25-acre site is located on the east side of Eagle Road approximately 1,600-feet north of Chin den Boulevard within Lakemoor Subdivision. (WEV) Page 2 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-09-08mindoc E. Findin!!s of Fact and Conclusions of Law for A-01-08/RZ-01-08 & PP-01- 08 - Annexation and Rezone from RUT to MU-DA and Preliminary Plat for Old Valley Plaza Subdivision - 4149 State Street. LLC: 4149 State Street, LLC, represented by Shawn Nickel with Rose Law Group, is requesting an annexation and rezone of two (2) parcels (totaI2.05-acres), from RUT (Rural Urban Transition) to MU-DA (Mixed Use with a development agreement) and preliminary plat approval for Old Valley Plaza Subdivision, a 1.88-acres, 8-lot (7-buildable, 1 common) commercial subdivision. The site is generally located on the southwest corner of State Highway 44 and Old Valley Road at 4149 West State Street. (WEV) F. Resolution No. 08-27: Declaration of surplus property. (SKB) G. Minutes of Au!!ust 12.2008 Planner Williams: Staff is requesting that Item #5E be removed from the Consent Agenda. Guerber moves to remove Item #5E from the Consent Agenda. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................... Guerber moves to approve the Amended Consent Agenda minus Item #5E. Seconded by Shoushtarian. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES.............. 5E. Findings of Fact and Conclusions of Law for A-01-08/RZ-01-08 & PP-01-08- Annexation and Rezone from RUT to MU-DA and Preliminary Plat for Old Valley Plaza Subdivision - 4149 State Street, LLC. Semanko rescues himself because of his association with the Rose Law Group. Planner Williams, discusses Item #3.10. General discussion. Guerber moves to approve the Findings of Fact and Conclusions of Law for A-01-08/RZ- 01-08 & PP-01-08 - Annexation and Rezone from RUT to MU-DA and Preliminary Plat for Old Valley Plaza Subdivision as amended. Seconded by Huffaker. THREE AYES: SHOUSHTARIAN: NAY: MOTION CARRIES.................... Further discussion. 6. UNFINISHED BUSINESS: None 7. PUBLIC HEARINGS: A. Proposed fee increase for a fuel surchar!!e in the amount of $0.95 a month be added to the current amount billed per Allied Waste Customer. This item was continuedfrom the August 26, 2008 meeting. A.I:Resolution No. 08-19: A Resolution Of The City Of Eagle, Idaho, Amending Allied Waste Services Fee Schedule Pursuant To The Solid Waste Contract Recycling Collection Services As Stated In Section 4.2 A. "Customer Rates - Establishment" And Providing For Effective Date. This item was continuedfrom the August 26, 2008 meeting. Mayor introduces the issue. Dave Fisher, Allied Waste, the City Council listen to a public hearing several weeks ago and we have given you information in regards to some questions from that hearing. Displays overheads and discusses the same. Discussion on the Rate Change Analysis. General discussion. Mayor opens the Public Hearing Page 3 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-09-08min.doc Mayor closes the Public Hearing General Council discussion. Guerber moves to send Resolution No. 08-19 back to the City Attorney for rewording for Council consideration at the next City Council meeting (9/16/08). Seconded by Huffaker. Discussion. ALL AYES: MOTION CARRIES................... B. A-16-07/RZ-23-07 - SB/CH Land Company (Flack/Carlock). LLC: SB/CH Land Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG Design, Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition-Ada County Designation) to MU-DA (Mixed Use with a development agreement) with a Pre-Annexation and Development Agreement for a Mixed Use Development including +/- 235.57 acres of residential use (single-family and multi-family units) and +/- 52.1 acres of commercial uses. The 287.67- acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. This item was continuedfrom the August 26, 2008 meeting. The applicant is requesting this item be continued to the October 14, 2008 meeting. (WEV) Mayor introduces the issue. Guerber moves to continue A-16-07/RZ-23-07 - SB/CH Land Company (Flack/Carlock), LLC to the October 14,2008 Council meeting. Seconded by Huffaker. ALL AYES: MOTION CARRIES........... Mayor calls a recess at 9:45 p.m. Mayor reconvenes at 10:00 p.m. C. Resolution No. 08-25: A Resolution Of The City Of Eagle, Ada County, Idaho Amending Resolution No. 07-I9A, Providing Criteria To Eagle City Code Title 8 "Zoning", Chapter 4 "Off Street Parking And Loading", Section 4 "Additional Parking Regulations And Requirements", Subsection 3 "Joint/ Collective Parking Facilities" To ModifY The Maximum Reduction In Number Of Parking Spaces For A Portion Of The Downtown Development Area; Providing Criteria To Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts And Maps, Article A "Design Review Overlay District", Section 7 "Landscape And Buffer Area Requirements", Subsection 0 "Alternative Methods Of Compliance", Paragraph 3 For Tree Retention, Tree Replacement Costs, And Waiver Provisions For Such Retention And Costs In A Portion Of The Downtown Development Area; Providing A Severability Clause; Providing For Duration; And Providing For An Effective Date. (JTL) This item was continuedfrom the August 26. 2008 meeting. Mayor introduces the issue. Zoning Administrator Vaughan: Sometime ago you asked us to bring us a resolution regarding parking in the downtown. This resolution is an amendment to the current resolution. This strikes the paragraph regarding the leniency. This language was stricken according to your request. General discussion. Mayor opens the Public Hearing Bob Niblett, we provided the Council with some parking requirements from some communities. It shows the various parking requirements that are out there. A lot of times a city will look to a large city for what they have done. It might be useful to look at Ada County and Meridian. The City of Eagle's parking is more restrictive than Ada County. Discussion on the various parking requirements. Discussion the reasons that this resolution was initially introduced. General discussion. Page 4 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-09-08mindoc Mark Butler, requests that Council Member Shoushtarian look at the American Planning Association. Discussion on sections of the American Planning Association. I understand the concern for parking. What the City is trying to accomplish with downtown Eagle is pedestrian friendly. I wrote the parking ordinance and it came from Henderson, Nevada. I would like you to consider Boise City's ordinance. Discussion on Boise's ordinance. Displays an overhead of Exhibit A and discusses the same. General discussion. Nick Zenovich, I represent Tri-City Meats, I am trying to understand the resolution. Would you refer to this as a moratorium? Myself and my partner were quite happy to have a year. Under our current economy state I am asking you to extend this for two years. We want the property to be cleaned up and look good. We do need help to get downtown started. General discussion. Linda Wojcek, 1333 E. Kite Street, I am a citizen, I don't own property downtown. I am Chairman of the Feasibility Committee for the City. Discusses the area that resolution encompasses. This is a localized area. Those lots downtown are small and they are difficult to develop. Does this help? Yes. Discussion on the height issue. We have been working on this for three or four years. We have had the visionary process and we will talk to you about this in the workshop. Downtown is dieing and it is ugly. General discussion. Teri Bath, 1729 Wigby Lane, I think that if we get to the workshop we can discuss this. My concern is with the Eagle District going in if we increase the fees is it going to hurt us. What is it going to do to our Downtown if we have more restrictions? General discussion. Guerber moves to continue the Public Hearing to the next Council meeting. General discussion. Semanko moves to continue this Resolution and to keep the public hearing open through next week's meeting (September 16,2008) and after the public hearing is closed we can go into deliberations and have an up or down vote on this specific resolution. Discussion. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES..................... D. CP A-03-08 & RZ-07-08 - Comprehensive Plan Amendment from Residential Four to Central Business District and Rezone from R-4 to CBD - Larrv Coelho: Larry Coelho is requesting a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map, consisting of eleven parcels, from Residential Four (up to four units per acre) to Central Business District, and a rezone from R-4 (Residential- up to four units per acre) to CBD (Central Business District) for four of the eleven parcels that are located on both sides of North 1 sl Street. The 4.0 I-acre site is generally located on North 1 sl Street and North Eagle Road, north of Idaho Street, south of Mission Street, and east of North Eagle Road. This item was continuedfrom the August 26, 2008 meeting. (WEV) Mayor introduces the issue. Bob Niblett, I am representing Larry Coelho, provides Council an overview of the application. General discussion. Planner Lowe, displays overheads and provides Council an overview and some history of the application. General discussion. Bob Niblett, discusses the traffic and right-of-way through the Landing parking. General discussion. General discussion on the tiling of the irrigation ditch. Mayor opens the Public Hearing Mayor closes the Public Hearing Page 5 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-09-08mindoc Huffaker moves to approve CPA-03-08 & RZ-07-08 - Comprehensive Plan Amendment from Residential Four to Central Business District and Rezone from R-4 to CBD. Seconded by Guerber. ALL AYES: MOTION CARRIES................... E. CP A-04-08 - Comprehensive Plan Map and Text Amendment from Residential One to Mixed Use - Linder Land Partners. LLC: Linder Land Partners, LLC, represented by Shawn Nickel of Rose Law Group, is requesting a Comprehensive Plan Map and Text Amendment to change the land use designation on the Comprehensive Plan Land Use Map for the southern +/- 1O.03-acres of a +/-13.63 acre site from Residential One (up to 1 unit per acre) to Mixed Use (resulting in the entire +/- 13.63 acre site being designated as Mixed Use), and a Text Amendment to the Park Lane Planning Area. The +/- 10 acre site is located on the corner of Old Valley Road and Linder Road, specifically described in the application on file with the City of Eagle. This item was continued from the August 26, 2008 meeting. (WEV) Mayor introduces the issue. Guerber moves to continue CP A-04-08 - Comprehensive Plan Map and Text Amendment from Residential One to Mixed Use - Linder Land Partners, LLC to October 14, 2008. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES............... F. A-02-08/RZ-06-08 - Annexation and Rezone from RUT to A-R - John VO!!t: John Vogt is requesting approval of an annexation and rezone from RUT (Rural - Urban Transition - Ada County designation) to A-R (Agricultural-Residential). The 39-acre site is located on the northeast corner of West Beacon Light Road and North Park Lane at 3632 West Beacon Light Road. (WEV) Mayor introduces the issue. John Vogt: I really don't have any comments; I will stand for any questions. Planner Williams: displays overheads and provides an overview of the application for the Council. Mayor opens the Public Hearing Curtis Hopewell, 3525 N. Croft Way, displays overheads and identifies his property. Discussion on the irrigation and drainage easement along the property. The issue we have is the property boarder lines. We are pleased with the decision to make it 5 acres. We have concerns with annexation. We are concerned that our properties are going to be annexed into the City of Eagle. General discussion. Planner Williams: displays overheads and discusses annexation and the description of the annexation. General discussion. John V ogt, the application goes to the Buckhorn and Covenington Subdivisions and does not go beyond them. Discussion on the property boundaries. Mayor closes the Public Hearing Huffaker moves to continue A-02-08/RZ-06-08 - Annexation and Rezone from RUT to A-R to the September 23, 2008 meeting, so we can get a staff report on this item. Seconded by Semanko. ALL AYES: MOTION CARRIES.......... G. CU-ll-06 MOD - Outdoor Play!!round Area for Land of Nod Learnin!! Center- Genesis One LLC: Genesis One LLC, represented by Travis Burrows of Dave Evans Page 6 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-09-08mindoc Construction, is requesting a modification to a conditional use permit to allow a fenced-in outdoor playground area for Land of Nod Learning Center. The 0.33-acre site is located on the south side of East Iron Eagle Drive, approximately Y4 mile west of Edgewood Lane at 1167 East Iron Eagle Drive (Lot 9, Block 1, Merrill Subdivision No.5). (WEV) Mayor introduces the issue. Dave Russell, provides Council an overview of the application. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Huffaker moves to approve CU-ll-06 MOD - Outdoor Playground Area for Land of Nod Learning Center - Genesis One. Seconded by Semanko. ALL AYES: MOTION CARRIES................. ... 8. NEW BUSINESS: A. Ordinance No. 610 (Rezone Art of Framin!!): An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From R-4 (Residential- Up To Four Dwelling Units Per Acre) Classification To CBD-DA (Central Business District With Development Agreement) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (WEV) Mayor introduces the issue. Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #610 be considered after being read once by title only. Guerber reads Ordinance #610 by title only. Seconded by Shoushtarian. ALL AYES: MOTION <:ARRIIG~................. Guerber moves that Ordinance #610 be adopted. Seconded by Shoushtarian. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES................................... Mayor and Council's Report: No report City Engineer Report: No report City Clerk/Treasurer Report: No report Zoning Administrator's Report: No report City Attorney Report: No report Public Works Director Report: No report 9. ADJOURNMENT: Guerber moyes to adjourn. Seconded by Semanko. ALL AYES: MOTION <:}\~~~............... Hearing no further business, the Council meeting adjourned at 12:35 a.m. Respectfully submitted: ",'......'" ,., I, A'" l?. *'" ......... () y ........ "'" V--'r-ll --~ ~~ I~"....'t~ ~...q,..\ SHARON K. BERGMANN.JN 7 .. 'c..." <".. -, · = 0 I ~ I --.J -p\ 4. ': CITY CLERK/TREASURER : , A. . -- ~: Cl : i >". ~ I t.": ~. - : . ~ \ 0 ....~: Ll. : \ ~'\.. V '" ~~.. 0 ; ~ 'oJ.. UICO.. ~ ~ ~~ ......... to.." ,," "'III * s1 r..'"'' Page 7 I",. "., K\COUNCILIMINUTES\Temporary Minutes Work Area\Cc:8f-M~mindoc A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-09-08min.doc EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -11-06 MOD - Outdoor Plaveround Area for Land of Nod Learning Center - Genesis One LLC September 9, 2008, 7:30 P.M. NAME V J ' I SSJc ADDRESS/ TELEPHONE/E-MAIL 1, -7 I-5 X), A-4 98—JNS6 TESTIFY YES/NO? PRO/CON yt s cc- 9, y- ocr INTER OFFICE City of Eagle Zoning Administration To: From: Subject: Date: Attachment(s): Copy To: Mayor Bandy and City Council Members Nichoel Baird Spencer, MCRP, AICP, Planner III JAM, CPA -04 -08 -Linder Land Partners, LLC September 9, 2008 Letter from the applicant dated September 9, 2008 Shawn Nickel Rose Law Group 6223 N. Discovery Way, Suite 200 Boise, ID 83713 The applicant has requested that this application be tabled until October 14, 2008. See attached letter. Page 1 of 1 K:\Planning DeptlEagte Applications\CPA\2008\CPA-4-08 me3.doc ROSE: LAW GROUP BORTON September 9, 2008 Honorable Mayor and City Council City of Eagle 660 E. Civic Lane Eagle, iD 83616 SHAWN L. NICKEL Principal Land Use Planner 6223 N. Discovery Way, Suite 200 Boise, ID 83713 Phone 208.323.5393 Fax 208.658.2371 snickel@ioselawgroup.com RECEIVED & FILED CITY OF EAGLE SEP 0 9 2008 File: RoNto-- RE: Linder Road/Old Valley Road — Comprehensive Plan Map and Text Amendment Request for Deferral (CPA -04-08) Dear Mayor and Council, As representative for Linder Land Partners, LLC, once again, please accept this request to defer tonight's City Council hearing for a comprehensive plan (CPA -04-08) map and text amendment for 13.63 acres located on the southeast corner of Linder Road and Old Valley Road, just south of State Street in Eagle, Idaho. The applicant is still working with Planning Staff to review and address certain issues associated with the application prior to presentation to City Council. The applicant requests a deferral to the October 14, 2008 agenda. Thank you for your consideration in this matter and we look forward to seeing you in a few weeks. Sincerely, o ! Shawn L. Nickel Representing Linder Land Partners, LLC NAME Ze►V0�,c.G� --ry-4oLuudico- 71,wg1-/. 0.1 *06ca-13,,A__ EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Resolution No. 08-25 September 9, 2008, 7:30 P.M. ADDRESS/ TELEPHONE/E-MAIL 6/0g —Go rl lrL ' 4Po I.3 2 'E 1— L&Yoc 1-1 c lc( ('Lal2i2JALQ . Aw f( wtN01N6cRZ x0k 2o1 g3�tE ? 3? -71/ TESTIFY YES/NO? PRO/CON a 1461A-- f. t u S AG61"4 pita C • 1/4 0 • -• -.A. • • • !',J4 • • C k 11/4, A EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CPA -03-08 & RZ-07-08 - Comprehensive Plan Amendment from Residential Four to Central Business District and Rezone from R-4 to CBD - Larry Coelho September 9, 2008, 7:30 P.M. ADDRESS/ TELEPHONE/E-MAIL ,V7 e, !b= S-. ?/% C/8) g4"D &27j,4/1(,,msiv. can geo NAME TESTIFY YES/NO? PRO/CON /6:,47/0a4 Q?c' wfhl o rK3G 49 - ll 5 /J22 CK -- Pro p2b Th .1 • -C\ s:31•7 LIV •1", -•-• EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP A-02-08/RZ-06-08 - Annexation and Rezone from RUT to A -R - John Voot September 9, 2008, 7:30 P.M. ADDRESS/ NAME TELEPHONE/E-MAIL *Vat TYJAN46._k eo_a, fqA/S tiNA_Aid 44( �'. soy 712f2e, 4, y s &do& (. t- AL 35zsY yuq3 c TESTIFY YES/NO? 3s� (,-a-e0/ PRO/CON ? 1 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP A-02-08/RZ-06-08 - Annexation and Rezone from RUT to A -R - John Vogt September 9, 2008, 7:30 P.M. EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Proposed fee increase for a fuel surcharge in the amount of $0.95 a month be added to the current amount billed per Allied Waste Customer September 9, 2008, 7:30 P.M. NAME ADDRESS/ TELEPHONE/E-MAIL TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Proposed fee increase for a fuel surcharge in the amount of $0.95 a month be added to the current amount billed per Allied Waste Customer September 9, 2008, 7:30 P.M. EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP A-16-07/RZ-23-07 - SB/CH Land Comnanv (Flack/Carlock), LLC September 9, 2008, 7:30 P.M. NAME r rfl U ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON 'v . \-1\ ,--3 EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP A-16-07/RZ-23-07 - SB/CH Land Company (Flack/Carlock), LLC September 9, 2008, 7:30 P.M. EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CPA -04-08 - Comprehensive Plan Map and Text Amendment from Residential One to Mixed Use - Linder Land Partners, LLC September 9, 2008, 7:30 P.M. NAME ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS_.PURPOSE. 8-4-5: SCHEDULE OF PARKING REQUIREMENTS Type Of Use Off Street Parking Spaces Required RESIDENTIAL Apartments or multi -family dwellings Boarding houses, lodging houses, dormitories and fraternity houses which have sleeping rooms Mobile home court (RV) Mobile home or manufactured home park Single-family dwelling (lots less than 15,000 square feet) Single-family dwelling (lots 15,000 square feet or more) Two-family dwelling COMMERCIAL Ambulance services Artist studios Auction facility Automobile washing facility www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 R CJiVE D i FILED .. 1 CITY OF EAGLE I File: - -- -----• Route to: -.---- For each unit with 2 or more bedroon s =�2' including 1 covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement 1 for each sleeping room or 1 for each permanent occupant, whichever number is greater SEP 0 9 2008 1 for each trailer/RV space For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom unit - 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement 2 including 1 covered 2 For each unit - 2 including 1 covered 1 per 500 square feet of gross floor area; plus 2 enclosed ambulance storage spaces 1 per 1,000 square feet of gross floor area As required with conditional use permit 1 per 200 square feet of gross floor area of sales, office, or lounge area; plus queue for 3 cars per washing station 3629 N. Cole Rd Boise, ID 83704 bob.i liblettet2niblettarchitects.com NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS..PURPOSE. Automotive gas station/service shop or fuel islands Automotive, mobile home, travel trailer, and/or farm implement sales Automotive repair shop, body shop, or tire shop Automotive storage Banks/financial institutions Catering service Childcare - family Childcare - group Childcare - daycare center Churches and other places of religious assembly Clinic Club or lodge Commercial entertainment facilities: Auditoriums, sports arenas, theaters and similar uses Bowling alleys Dance floors, skating rinks Outdoor swimming pools, public or community or club Tennis and racquetball clubs Communication facilities www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 1 for each 2 gasoline pumps and 2 for each service bay (spaces in front of bays or pumps shall not be counted) 1 per 400 square feet of gross floor area; plus 1 per 500 square feet outdoor display 1 per 225 square feet of gross floor area 1 per 500 square feet of gross floor area of office space; plus 1 per 1,000 square feet of gross storage area 1 for each 200 square feet of gross floor area; plus queue for 4 cars per drive up window 1 per 400 square feet of gross floor area 2 3 for each classroom but not less than 9 for the building 1 for each 5 seats 1 per 200 square feet of gross floor area 1 per 100 square feet of gross floor area 1 for each 3 seats 3 for each alley or lane, plus 1 additional for each 100 square j feet of the area used for restaurant, cocktail lounge, arcade area or similar use 1 per 100 square feet of gross floor area I for each 4 persons' capacity, plus 1 for each 4 seats or 1 for each 30 square feet floor area used for seating purposes, whichever is greater 3 per court 1 per 500 square feet gross floor area 3629 N. Cole Rd Boise, ID 83704 bob.nibletta,niblettarchitects.com NIBLETT & ASSOCIATES ARCHITECTS, P.A. E,IPEIUENCE. FOCUS...PURPOSE Convenience store Detention facilities Emergency health care Emergency services Equipment rental and sales yard Food and beverage sales Health clubs, spas, and weight reduction salons Home and business services Hospitals Hotels, motels Kennel Laboratories Laundromat Laundry Maintenance and repair services Mortuaries, funeral parlors, and similar type uses Nursery, plant materials Nursing/convalescent homes, sani- tariums, children's homes, asylums and similar uses Offices, business and professional Offices, medical and dental www-niblettarchitects.com Phone: 208-32I -1818 Fax: 208-32I-4748 1 per 250 square feet gross floor area; plus 1 for each 2 gasoline pumps As specified by conditional use permit 1 per 200 square feet of gross floor area 1 per 500 square feet of gross floor area; plus minimum of 2 enclosed vehicle storage spaces 1 per 400 square feet of gross floor area; plus 1 per 500 square feet outdoor display 1 per 250 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 400 square feet of gross floor area 1 for each bed 1 for each sleeping room, plus 1 for each 2 employees 1 per 400 square feet of gross floor area 1 per 500 square feet of gross floor area 1 per 300 square feet of gross floor area 1 per 400 square feet of gross floor area; plus queue for 3 cars per drive up window 1 per 400 square feet of gross floor area; plus 1 per 500 square feet of outdoor storage area 1 per 4 seats 1 per 500 square feet of outside display/ lathe house/green house area, plus I per 250 square feet gross floor area I for each 3 beds I per 250 square feet of gross floor area 1 per 200 square feet of gross floor area 3629 N. Cole Rd Boise, ID 83704 bob.niblett(Mniblettarchitects-com , -4 T NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS...PURPOSE Pawn shops Personal improvement Personal services Printing and/or blueprinting Restaurant with drive thru Restaurants, dining rooms, taverns nightclubs, etc. Retail sales of large items such as furniture and appliances Retail sales not listed under another use classification Riding academies/stables Shop, contractors (and/or yard) Storage (enclosed building and/or fenced area) Travel services Vet clinic (animal hospital) INDUSTRIAL Automotive wrecking yard or salvage Industry (custom) Industry (limited) Industry (research and development) Manufacturing facilities and processing plants www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 1 per 250 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 400 square feet of gross floor area 1 per 200 square feet of gross floor area; plus queue space for 5 cars for drive up service 1 per 150 square feet of gross floor area; plus 1 per 35 square feet dance floor 1 per 500 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 4 stalls 1 per 400 square feet gross floor area of shop; plus 1 per 1,000 square feet of gross storage area (indoor and outdoor) 1 per 1,000 square feet of gross storage area 1 per 250 square feet of gross floor area 1 per 400 square feet of gross floor area 1 per 1,000 square feet gross storage area; plus 1 per 300 square feet office or sales area 1 per 1,000 square feet gross area used for industrial purposes; plus 1 per 300 square feet office or sales area 1 per 750 square feet of gross floor area used for industrial purposes; plus 1 per 300 square feet office or sales area 1 per 500 square feet 1 per 500 square feet gross area used for manufacturing/processing; plus 1 per 300 square feet office or sales area 3629 N. Cole Rd Boise, ID 83704 bobniblett(,niblettarchitects.corn lorimovaag N BLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS__.PURPOSE. Warehousing, wholesaling, distri- bution and storage PUBLIC/SEMIPUBLIC Business, technical and trade schools Colleges, universities Cultural facilities Elementary and junior high schools Government offices High schools Kindergartens, childcare centers, nursery schools and similar uses Libraries, museums and art galleries www.mblettarchuects.co in Phone: 208-321-1818 Fax: 20B-321-4748 1 per 1,000 square feet gross area up to 20,000 square feet plus 1 per 2,000 square feet gross area over 20,000 square feet 1 for each 2 students 1 for each 4 students 1 per 300 square feet gross floor area; plus 1 per 90 square feet for area for assembly purposes 2 for each classroom and 1 for every 5 seats in the auditoriums or assembly halls 1 per 250 square feet gross floor area As required with conditional use permit 3 for each classroom, but not less than 9 for the building 1 for each 400 square feet floor area 3629 N. Cole Rd Boise, ID 83704 bob.n iblettaniblettarchttects.com NIBLETT & ASSOCIATES ARCHITECTS, P.A. 1,_APERIHNCL, lO `1 _..PURPO 'l:'. Residential: USE Netting, multifamily bedroom more Llan 1 bedraoni ale -restricted elderly r1ou in z Dnell;nc, secondary Dwell ng . single -far -nay aiiecherl bedroom ilio e than ' bedroom PARKING REQUIRED PARKING SPACESL 2 per welling unit. 1 in a covered carport or garage 2 per d.�e'ling unit in a covered carport o ;:arc e .5 per dell:r•:q unit t per dwelling Crit 'per dwelling unit , enclosed ca age .�r'' a 10 x 20 access and garage: 2 per d•.veling c ,at in an. enclosed «_ sae :vita a 20 x betttgeen access and garag.e2 Irrneli;ng. single family detached 2 per d;eling brit in an entk seri garage witn a 20' x betlneen 4ccess and qarace2 1]:*ell ..g. townhouse bedroom irore than 'bedreonri tiler dhetl: g unit :r enclosed gzsmge. '.'ti a tb' x 20. ac cess and garag 2 per dwehing unit in an enclosed gL;age *itri a 20 x bei*een access and gaarage2 Criaellsng, two-family duplex bedroorn sore than *;bedrucm 1 per d;.e"ing epi_ in enc'osed garage with a 10' x 20 ac -,esss and garage- 2 per .'we.:ling k.. --""it in an er .Iu ed g -age * ' a 20' x between access and aaraQe2 1 -the size ei the garetre required frtr t::e` nq irn' sty Ott be measured by exter icr dimens cns and twenty feet (10' X 20' fol a oneLspac a'_7rage I:Se t!s by t,,@en7 'eat 1,2JY X 20'; fcr 1:K3 -spa :.e p rrk'ng oF.d s's .:"I meas:;.ed ion- gara,;e fate to -edge of s l:C::.. cr edge ieC t' _'s: _t.: alts Commercial: parking pac'. between 20 parhing pad 20 parking pad packing i-Jao bet•;,een 20 parking pad parking pad ce:rreen 20 parking pall beatleast ten:by ce garage. el lane :w": -.)/'n t, The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts and Traditional Neighborhood Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. Industrial: In all Industrial District the requirement shall be one (1) space for every two thousand (2,000) square feet of gross floor area. In circumstances where there would appear to be a public safety issue, the Director may request additional information from the applicant to determine if there is sufficient parking. www.niblettarchitects.com Phone: 208-321-1818 Fax 208-321-4748 3629 N. Cote Rd Boise, ID 83704 bob.niblettAniblettarchitects.corn Low .::"..V'• 4.04,4 .f7;zei +C-iy NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS ..PURPOSE. OFF-STREET PARKING REQUIREMENTS LAND USE Single Family Residentialr Duplex Residential Multi -Family Residential Child Care Facilities Mobile Home Park Fraternities & Sororities Dormitory,. Rooming Home for Physically ahtd:°or Mentally Handicapped or Elderly Persons Including Rehabilitation For Dnt.As anrl..'or Alcohol (Plus 2 Staff) Housing for Elderly Nursing Home Hospital Motel & Hotel Offices TABLE 13 OFF-STREET PARKING REQUIRE:\ LENTS Spaces Required Special Parking District I..TI OF MEASURE Per Unit Per Unit Per Unit Per 10 Children Per Lot Per Resident Per Resident Per Resident Per Unit Per Bed Per Bed Per Room Per 250 sq. ft. Net Leasable Area. Church & Mortuary Per Seat Sports Arena & Theater to ww.nt blctlarctut,ects. com Phone: 208-321-1818 Fax: 208-321-4748 Per Seat 3629 N. Cole Rd Boise. Ill 83704 GENERAL P-1 P-`? P-3 2.0 0 1.0 1.0 2.0 0 1.0 1.5 0 0.8 1.0 2.0 1.0 0 1.0 1.0 1.33 0 1.33 1.33 0.33 0 0.33 0.33 0.33 0 0.18 0.26 2.0 for up to 5 0 1.0 for up 2.0 for up residents, 1.0 to 5 to 5 for each 2 residents. residents. residents over 1.0 for 1.0 for each 5_ or fraction each 4 2 residents thereof residents over 5, or over 5, or fraction fraction thereof. thereof. 0.4 0 0?2 0.32 0.25 0 0.25 0.20 1.50 0 1.00 1.2 1.0 0 0.56 0.80 1.0 0 lstfl- 1slfl 0.66 0.80 Acdd'n F1. Acld'ii FI. - 0.25 0.50 4'25 0 0.15 0.20 0.25 0 0.14 0.20 bob.nibleltldnibletturcb itects.vont Restaurant & Bar Dance Hall & Skating Rink Lodge Hall & Social Club Neighborhood Commercial General Commercial Bulky Retail (Sotos, Appliactces, Furniture, etc.) Wholesaling & Warehotrsing ivlanufacnxrutg V Schools Elementary Junior & Senior Highs College Commercial or Business w w w. m b le ttarc h i to cls. c u m Phone: 208-321-1818 Fax: 208-321-4748 Nii3LETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS... P URPOSE Per Seat Per 100 sq. ft_ Gross Floor Area Per 100 sq. ft. Gross Floor Area Per 250 sq. ft. Gross Floor Area Per 250 .sq. ft. Gross Floor Area Per 600 sq. ft. Gross Floor Area Per 2.000 .s0. xt. Gross Floor Area Per 500 sq. ft. Gross Floor Area 0.50 0 0_23 0.33 1.0 0 1.0 1.0 1.0 0 1.0 1.0 1.0 0 0.33 0.50 1.0 0 0_33 0.50 1.0 0 0.50 0.75 1.0 0 0.50 0.75 1.0 0 0.50 0.75 I Teaching Station LO 6 Fixed Seats 1.0 Teaching Station 1.0 4 Fixed Seats 1.0 Full -Tune Student 1.0 1 3 Classroom Seats 1.0 3629 N. Cole Rd Boise. ID 83704 0 0 0 0 0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 0 1.0 1.0 bob.uibluttainibluttur uh itu Q15..0111 NIBLETT & ASSOCIATES ARCHITECTS, P.A. Is XPERII! VC:E, I OCU$ ..PLRPOS ,. PARKING REQUIREIYIENTS Number Of Spaces Required: The number of off street parking spaces required and/or provided for land and structure uses shall be no less than as set forth as follows: Property's/Structure's Principal Use Type Parking Spaces Required (Where fractional number results round to the next highest whole amount. Thus, 2.6 spaces needed for a project means that 3 spaces are/will be actually required.) Barber and beauty 1 per 75 square feet of gross floor area shops Churches, clubs, 1 per every 4 fixed seats or every 8 feet of bench length or every 28 lodges square feet Dwelling, single- family Dwelling, two-family or 2 per dwelling unit on a single lot multiple 2 per dwelling unit (plus 1 extra per building (for use as an ADA space) when a fourplex or higher density residential building is served/ developed) Elderly housing 1 per 2 dwelling units Fraternities, sororities, cooperatives and 1 for each 3 occupants for which sleeping accommodations are dormitories provided Hospitals 1 per patient bed plus 1 per 400 square feet of office floor area Hotels, motels, 1 per room motor hotels, etc. industrial General 1 per 500 square feet of gross floor area Laboratories and research facilities 1 per 800 square feet of gross floor area Machine shop area/repair bay area(s) - when part of, or www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.nsblett{ niblettarchitects.com NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS'..i'( 1?1'OSE accessory to, a larger 0 required if accessory, otherwise 1 per 500 square feet of gross floor facility area Machinery or equipment sales (not of vehicles) - 1 per 1,000 square feet of gross floor area indoor Wholesale and storage buildings/operations, when employees are never or very infrequently occupying said space 0 required Wholesale and storage buildings/operations, when employees are regularly occupying said 1 per 700 square feet of gross floor area space Libraries, museums, 1 per 250 square feet of gross floor area art galleries Mortuaries 1 per 75 square feet of gross floor area used for assembly Nursing/convalescent/retirement homes, asylums, welfare, correctional 1 per 5 beds plus 1 per regular employee institutions Offices Medical offices (e.g., doctor, dental, optometrist, chiropractic, etc.) 1 per 150 square feet of usable/used net floor area Standard/professional business/accessory to industrial use (i.e., all but medically related 1 per 400 square feet of usable/used net floor area www.niblettirchitects.com Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.niblettaniblettarch itects.com types) Pharmacies /\,/ fi . ,k4::).s yl • menti t3ti�:�.._. NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS _PURPOSE. per 150 square feet of gross floor area Recreational, entertainment, amusement establishments Bowling alleys 6 per lane Participating type (e.g., skating rinks) 1 per 75 square feet of gross floor area Racquetball, 3 per court handball Spectator type - outdoor/ indoor (e.g., auditoriums, assembly halls, theaters, stadiums, outdoor bleachers, etc.) 1 per 4 seats Restaurants, delicatessens, other eateries with sale and consumption on premises Less than 4,000 square feet in size 1 per 200 square feet of gross floor area Over 4,000 square feet in size 20 plus 1 per 100 square feet of gross floor area in excess of 4,000 square feet Retail Bulky (e g , lil rniture, appliances, mattresses, indoor auto showrooms, carpet stores, etc.) 1 per 000 square feet of gross floor area General (e.g., variety, grocery, antique, home and garden improvement, www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.niblett©rnblettarchi tects.com NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, IOCUS...PURPOSE. antique stores, etc.) 1 per 250 square feet of net floor area Rooming or 1 per room boarding house Schools/learning centers Elementary 1 per employee and faculty member Junior high 1 per employee and faculty member and 1 per 20 students Senior high 1 per employee and faculty member and 1 per 4 students Colleges, commuter 1 per full time equivalent student and faculty member Colleges, resident 1 per 3 full time equivalent students plus 1 for each faculty member Vocational/commercial business 1 per full time equivalent faculty member plus 1 per 3 classroom www . nib I ettarch aects.co m Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.nrbletttniblettarchrtects.com USE Single-family dwelling Two-family dwelling Three-family dwelling and multi- family dwelling Mobile home park Rooming house, fraternity, sorority and dormitory Motel or hotel Bar, tavern, nightclub, lounge, etc. Dance floor Church, theater, spectator sports, facility, auditorium or concert hall Senior citizen housing project Convalescent or nursing home Hospital Golf course 01-1.0 Goat_ PARKING AND LOADING SCHEDULE SPACES PROVIDED 1 space if square footage is less than 1,100 square feet; 2 spaces if square footage is greater than 1,100 square feet. 1 space for each dwelling unit if square footage is less than 1,100 square feet per unit; 2 spaces per unit if greater than 1,100 square feet per unit. 1.5 spaces for each dwelling unit. 1 space for each mobile home lot plus 2 additional spaces for each 4 mobile home lots. 0.33 spaces for each resident or lawful number of occupants. 1 space for each guest room plus spaces required for other facilities. 1 space for each 200 square feet of gross floor area. 1 space for each 100 square feet of gross floor area used for the activity in addition to spaces required for other uses on site. 0.25 spaces for each seat. 0.4 spaces for each dwelling unit. 0.25 spaces for each patient bed. 1.5 spaces for each patient bed. 5 spaces for each hole. Barber shop or beauty 2 spaces plus 1.5 for each chair. parlor Bowling alley 5 spaces for each lane plus spaces required for other facilities. Cpiko '=LL Fast food, take-out 2 spaces for each 150 square feet of floor area but not less than 6 spaces, establishment or not including dive -up areas. drive-in restaurant Restaurant (except 0.25 spaces for each seat_ drive-in) Furniture, appliances 1 space for each 600 square feet of floor space. and household equipment, carpet and hardware stores, repair shop, museum and gallery NIBLETT & ASSOCIATES ARCHITECTS, P.A. 4VPERIE_ 't:'E FOCUS...PURPOSE. PARKING AND LOADING REGULATIONS Parking A. Residential: Apartments or multi -family dwelling 2 for each dwelling unit: Boarding houses, rooming houses, dormitories and fraternity houses which have sleeping rooms 1 for each sleeping room or 1 for each permanent occupant Childcare facilities 1 per 6 children Mobile home park 1 for each unit, plus 1 for each 5 units RV (recreational vehicle), travel trailer 1 for each space in park/court Single-family or two-family dwelling 2 for each dwelling unit B. Commercial: Automobile service and/or fuel 1 for each 2 gasoline pumps and 2 for each service bay Banks, financial institutions and similar uses 1 for each 200 square feet of gross floor area Bars 1 per 100 square feet of gross floor area Bowling alleys 4 for each alley or lane, plus 1 additional for each 100 square feet of the area used for restaurant, cocktail lounge or similar use Childcare facilities 1 per 6 children Dance floors, skating rinks 1 for each 100 square feet of gross floor area, plus 1 for every 2 employees Dining rooms, restaurants, taverns, nightclub 1 for each 100 square feet ofgross floor area, plus 1 for every 2 employees Funeral parlors, mortuaries 1 for each 100 square feet of floor area Hotels, motels 1 for each sleeping room, plus 1 for every 2 employees www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.niblett(niblettai chttects.con, NIBLETT & ASSOCIATES ARCHITECTS, P.A. _LPtRIRA'Cf, FOCUS...PURPOSE Offices, public or professional administration, public service, medical 1 for each 200 square feet of gross floor area Outdoor swimming pools 1 for each 5 persons' capacity Public community centers, auditoriums, sports arenas, theaters and similar uses 1 per 100 square feet of gross floor area, plus 1 for each 2 employees Recreational or entertainment 1 for each 100 square feet of gross floor area, plus I for every 2 employees Retail stores 1 for each 250 square feet of gross floor area All other types of business or commercial uses permitted in any business district 1 for each 250 square feet of gross floor area C. Institutional Business, technical and trade schools 1 for each 2 students Churches and other places of religious assembly 1 for each 5 seats Colleges, universities 1 for each 4 students Hospitals 1 for each bed Libraries, museums and art galleries 1 for each 400 square feet of floor area Medical and dental clinics 1 for every 200 square feet of floor area of examination, treating room, office and waiting room Sanitariums, homes for the aged, nursing homes, children's homes, asylums and similar uses 1 for each 2 beds Schools (elementary) 1 per 6 persons based on an occupant load of the auditorium, gymnasium or lunchroom, whichever is larger Schools (middle) 1 per 4 fixed seats of gymnasium Schools (senior high) 4 per classroom plus 1 per 4 fixed seats of gymnasium or auditorium D. Manufacturing: 1 per 500 square feet of gross floor area www.nibleuarch itects.com Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.nibleu .)niblettarchitects.com 9M co NTBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOCUS.._PL'RPOSTs. I Table notes are as follows: 1. Gross floor area shall be the measure of total square footage of habitable space of a structure. 2. For fixed bench seating, one seat shall mean twenty four inches (24") of linear length of bench. 3. The number of employees shall be based on employees present during the largest shift. Use TABLE 8-4G-2: REQUIRED PARKING SPACE BY USE Required Number Of Automobile Spaces Adult entertainment establishment 1 per 100 square feet of gross floor area Agricultural use Aircraft landing field Amusement or recreation facility, indoor 1 per 2 employees 1 per 2 employees 1 per 200 square feet of gross floor area Bowling 2 per lane Movie theater Amusement or recreation facility, outdoor Golf driving range Animal clinic, animal hospital, or veterinary office Asphalt or concrete ready -mix plant Auction establishment, outdoor Automobile, major repair Automobile or recreational vehicle sales Automobile or recreational vehicle Open space Structure I per 500 square feet of gross floor area 1 per 2 employees 1 per 8 seats I per service bay 1 per 1,200 square feet of gross floor area 1 per service bay www.nib1ettarchi ects.com Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 1 per 8 seats 1 per 2 driving stations 4 per acre 1 per 8 seats bob.niblett@rnblettarchrtects.com 4-041 (v. NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE, FOC.US...PURPOSE. service Bank Bar, brew pub, or nightclub Bed and breakfast establishment Boarding house Brewery or distillery Campground Car wash Cemetery Children's treatment facility Church Clinic, medical (excluding animal or veterinary) Club or lodge or social hall Composting facility, commercial Contractor's yard or shop Crematory Daycare facility Daycare home, group Drug and alcohol treatment facility Duplex or single-family attached dwelling Dwelling, additional farm www .n i ble ttarch rte c is.co m Phone_ 208-321-1818 Fax: 208-321-4748 1 per 500 square feet of gross floor area 1 per 200 square feet of gross floor area 1 per 2 sleeping rooms plus 1 for owner's dwelling 1 per 2 sleeping rooms 1 per 1,000 square feet of gross floor area 1 per 2 campsites plus 1 per 2 employees 1 per 2 drying stations 1 per 2 employees I per 6 beds I per 8 seats in main sanctuary 1 per 500 square feet of gross floor area 1 per 200 square feet of gross floor area 1 per 2 employees plus 1 per acre 1 per 1,000 square feet of gross floor area l per 8 seats in chapel I per 2 employees 1 per 2 employees 1 per 2 beds plus 1 per 2 employees 1 per dwelling unit 1 per dwelling unit 3629 N. Cole Rd Boise. ID 83704 bob.niblett[d1_ntblettarchitects.con /10/1. , C C, _- • .. v.`arain _,:3ii NIBLETT & ASSOCIATES ARCHITECTS, P.A. i1PERIENC'L. 1{ OCUS. __ PURPOSE. Dwelling, caretaker for an approved use Dwelling, secondary attached or detached Dwelling, single-family detached Explosive manufacturing Explosive storage Farm, garden, lumber, or building supply store Flammable substance storage Foster home, group Foundry Freight or truck terminal Golf course Golf course country club Grain elevator Heavy equipment sales Heavy equipment service 1 -tome occupation Hospital 1 -Hotel or motel Junkyard or automobile wrecking yard Laundromat Laundry or linen supply w w w. n i bl a ttarch itects.co m Phone: 20B-321-1818 Fax: 208-321-4718 1 per dwelling unit 1 per dwelling 1 per dwelling unit 1 per 1,000 square feet of gross floor area 1 per 2 employees 1 per 1,200 square feet of gross floor area 1 per 2 employees 1 per 2 employees 1 per 1,000 square feet of gross floor area 1 per 1,000 square feet of gross floor area 2 per hole 1 per 200 square feet of gross floor area 1 per 2 employees 1 per 1,200 square feet of gross floor area 1 per service bay 1 per 2 employees other than the dwelling residents 1 per bed I per 2 sleeping rooms 1 per 2 employees 1 per 500 square feet of gross floor area 1 per 1,000 square feet of gross 3629 N. Cole Rd Boise, ID 83704 bob.niblettg niblettarchitects.com i, NIBLETT & ASSOCIATES ARCHITECTS, P.A. r::l'J ERJ :N'CE, FOCC ;S... PURPOSE Livestock confinement facility Manufacture of electronic orelectrical products Manufacture or processing of hazardous chemicals or gases Manufactured home Manufactured home park Manufactured home storage Manufactured home subdivision park in a manufactured home district Meatpacking facility Mortuary Multi -family development Nursery, retail Nursery, wholesale Nursing facility, skilled Office building floor area I per 2 employees 1 per 1,000 square floor area I per 1,000 square floor area 1 per dwelling 1 per space 1 per 2 employees or 1 per dwelling Office, relating to the approved use Office, temporary construction Outdoor storage Package and letter delivery service Personal, business, or professional service www niblettard,itects.com Phone: 208-321-1818 Rix: 208-321-4748 feet of gross feet of gross 1 per 1,000 square feet of gross floor area -1 per 200 square feet of gross floor area 1 per dwelling unit I per 1,200 square feet of gross floor area 1 per 4,000 square feet of gross floor area 1 per $ beds 1 per 500 square feet of gross floor area 1 per 500 square feet of gross floor area I per 2 construction employees 1 per 2 employees 1 per 1,000 square feet of gross floor area 1 per 500 square feet of gross floor area 3629 N Cole Rd Boise, ID 83704 bob.ni ble ttan rblettar chi tects.c o rn 408- (;. NLBLETT & ASSOCIATES ARCHITECTS, P.A. 17)EEZIENCE, FOCUS...PURPOSE. Pit, mine, or quarry Power plant Processing plant for agricultural or dairy products Product fabrication, assembly, or packaging Public or quasi -public use space) facility Racetrack, vehicle or animal Radio and television broadcasting station Railroad switching yard Recreational vehicle park Recycling center Recycling plant Research and development facility Residential care facility Restaurant or eating place Retail sales relating to an approved use Retail store, durable goods www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 1 per 2 employees 1 per 1,000 square feet of gross floor area 1 per 1,000 square feet of gross floor area 1 per 1,000 square feet of gross floor area Public recreation facility (open Public recreation facility (structure) Public utility and infrastructure Publicly owned buildings 1 per 8 seats 1 per 500 square feet of gross floor area 1 per 2 employees 1 per space 1 per 1,000 square feet of gross floor area 1 per 1,000 square feet of gross floor area l per 1,000 square feet of gross floor area 1 per 6 beds 1 per 200 square feet of gross floor area 1 per 500 square feet of gross floor area 1 per 1,200 square feet of gross floor area 3629 N. Cole Rd Boise, ID 83704 4 per acre 1 per 8 fixed seats 1 per 2 employees 1 per 600 square feet of gross floor area bob.nrblett(d2nrblettarchitects.corn A-04 (c - s NIBLETT & ASSOCIATES ARCHITECTS, P.A. ':YPI*RIL SCE. 1,0(.115...YI: PM' Retail store, other 1 per 500 square feet of gross floor area Roadside produce stand 1 per 200 square feet of gross floor area Sanitary landfill 1 per 2 employees Sawmill or planing mill 1 per 1,000 square feet of gross floor area School, public or private 1 per 2 employees plus 1 per 12 Elementary students high Middle, junior high, and senior i per 2 employees plus 1 per 8 students School, vocational or trade 1 per 4 students Seasonal farmworker housing Shooting range, indoor or outdoor Slaughterhouse 1 per 1,000 square feet of gross floor area Soil or water remediation 1 per 2 employees Stable or riding arena, commercial 1 per 2 stable stalls Storage facility, sell -service 1 per entrance to site Studio 1 per 500 square feet of gross floor area Tannery 1 per 1,000 square feet of gross floor area Temporary living quarters 1 per dwelling unit Transit facility t per 2 employees Truck stop 1 per 500 square feet of gross floor area 1 per 2 sleeping rooms if dormitory style 1 per 2 dwelling units if campground style 1 per target and/or shooting station www.niblettarchitects.com Phone: 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.n:blettOniblettarchttects coin fiJ�`_(. NIBLETT & ASSOCIATES ARCHITECTS, P.A. EXPERIENCE. FOCUS...PURPOSE. Vehicle impound yard 1 per 2 employees plus 1 per 4 acres Warehouse 1 per 4,000 square feet otgross floor area Winery 1 per 1,000 square feet of gross floor area Required Number of Loading Spaces A. Any structure having a gross floor area of five thousand (5,000) square feet or more, to be occupied by a commercial or industrial use, shall be required to provide and maintain at least one off street loading space. One additional offstreet loading space shall be required for each subsequent twenty thousand (20,000) square feet of gross floor area (e.g., 25,000 square feet, 45,000 square thet, etc.) B. Each loading space shall be not less than ten feet (10') in width and thirty feet (30') in length and shall have fourteen feet (14') of vertical clearance. C. Parking and loading areas shall be designed so vehicles shall not back out into the street. 11 No off street. loading space shall be located closer than fifty feet (50') to an abutting rural or residential district unless wholly enclosed within a structure. No off street loading space shall face an abutting residential district. E. Any off street loading space located within fifty feet (50') of a residential district shall not operate between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. www nLblettarchltects_com Phone. 208-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.niblett(d niblettarchitects.com NUMBER OF SPACES REQUIRED (1) For each dwelling unit 1 space, as defined herein, sufficient for a garage or carport. r•• (2) For each guest bedroom in a hotel, ]motel, club, lodging house, fraternity or sorority house 1 parking space, plus 1 parking space for each 3 beds in a dormitory in the above. (3) For each 2 persons in a convalescent, nursing or rest home, sanitarium or home for the care of children or the aged 1 parking space; plus 1 parking space for each doctor assigned full time to the staff; plus 2 parking spaces for each 3 other employees. (4) For a hospital 1 parking space for each 1,000 square feet of net floor area; plus 1 parking space for each 2 regular employees. (5) For a church, school auditorium or gymnasium, auditorium, theater, or sports arena 1 parking space for each 5 persons based on building capacity. (6) For floor space used by the public or by members in a social hall, dance hall, nightclub, pool hall, restaurant, or other similar enterprise or establishment A number of parking spaces equal to 20 percent of the capacity in persons. For the purpose of this section, "capacity in persons" shall mean the gross floor area used by the public divided by 15 square feet. (7) For a bowling alley 3 parking spaces for each bowling lane. (8) For a drive-in theater An additional parking area at the entrance containing one parking space for each [0 vehicles accommodated within the theater (9) Business offices, not otherwise specified 1 parking space for each 250 square feet of net floor area. ([ 0) Medical or dental office or clinic of net floor area. 1 parking space for each 250 square feet. (1 1) Mortuary www.niblettarchitects.com Phone: 20B-321-1818 Fax: 208-321-4748 3629 N. Cole Rd Boise, ID 83704 bob.mblettaniblettarchitects.corn G6t ✓i1 6 J p • et+'. NIBLETT & ASSOCIATES ARCHITECTS, P.A. E PJRIEN(7s, FOC-VS...PURPOSE 1 parking space tor each 5 seats based on building capacity. (12) Retail stores, banks, and shops other than as specified below 1 parking space for each 200 square feet of net floor area; and for drive-in banks 3 additional parking spaces for each teller window. (13) Retail sales establishments handling only durable goods or bulky merchandise such as machinery, furniture or vehicles, personal service and repair shops, wholesale stores 1 parking space for each 600 square feet of net floor area. (1 4) For manufacturing establishments 1 parking space for each employee, based on the greatest number of employees at any one time. (15) For every building hereafter erected containing more than 15,000 square feet in area and which is designed to be occupied by any use requiring regular receipt or dispatch of merchandise by truck, there shall be provided and maintained with adequate design to provide safe and efficient means of access and maneuvering, 1 loading space not less than 30 feet in length and 10 feet in width, exclusive of access platforms and maneuvering areas. www.niblettarchitecis.co Phone. 2013-321-1818 Fax: 208-32I -4748 3629 N. Cole Rd Boise. ID 83704 bob.niblett(a?niblettarclatects.com Eagle Recycling Making the Most of Your Curbside Program Prepared by Rachele Klein, Allied Waste Recycling Manager 9/9/2008 rachele. klein©awin. com 1 i 4. Why Recycle? 4 It saves natural resources & energy. 44 It extends the Iife of our Iandf 1 I I. It saves landfill disposal fees. 4 It reduces pollution. 9/9/2008 • a When did Recycling Start in Eagle? *AA, In 1998, weekly recycling began. Bins are collected on the same day as trash. Materials are separated into four groups: plastics, cans, newspaper/magazines, mixed paper/cardboard 9/9/2008 3 How successful is the program today? Last year Eagle residents recycled about 260 tons (roughly 12 pounds/HH/month). 9/9/2008 4 4 How can we further improve recycling?.,::: -1w-wax' (Educution & Outreach 4 1 r Let residents know what can be recycled and how current the program works. r Get residents started with one material. r Utilize local library, schools and publications. h Utilize door -hangars and blue bin stickers � Simplify the Program t Convert to a "single -stream" program where all materials are mixed together in a recycling bin (blue cart or blue bin). 9/9/2008 5 I ..0 No need to sort - toss it and go! • Set your recycling bin at the curb by 6 OOam the same day your trash is collected • The blue bin is the signal for your driver to stop Not all materials need to fit inside the bin Additional materials can be set out in permanent containers labeled "RECYCLING"and clustered with your blue bin • Please rinse recyclables free of food contamination • If your recycling is not collected on your pick up day. please call Allied Waste at 34S-1265 We will collect it the following day If some materials are taken and some are not, you should find an "oops"card indicating the reason the items were not accepted • If your blue bin is ever damaged or stolen. please call Allied Waste and we will replace it up to once a year for free Mix it up! Improved Recycling! ALLIED WASTE SERVICES 345-1265 9/9/2008 6 N 9 Rethink Recycling! .flied ',^:rite has made it ease' tharr e ,;er to 'ec:clei You rio longer roved :c separate aid sort - mix ;our curbside rec;c ,g:ogetlier. Fill your blue bin -yrs: and place trier` rec;caables in additional marked "F=C`C_IN,i', corrainers such as milk c:ra:es, o as: c storage tubs or small kitchen garbage cars Please do riot use trash bags or grocery bags :o hold ;our 'ecvclables -ere are tire approved recyclables. Paper • Paper - cardboard boxes, newspapers. magazines, paper bags, construction paper (no glue or glitter), catalogs. brochures. white or colored paper, junk mail & envelopes (cellophane windows O.K.), cereal & frozen food boxes (remove liners) NO: • glass • styrofoam • aseptic containers • milk & other waxy cartons • food -contaminated paper • tissues or towelling plastics • Plastics - #1-7 (no bags) Cans • Cans - aluminum. tin. steel. empty aerosols Please remember: • remove lids and caps • empty containers • remove food box liners • remove plastic wrap from newspapers and cartons Awr ALLIED WASTE SERVICES For a complete list of approved materials, visit www.awidaho.com or call 345-1265. 9/9/2008 7 • c . , . How does "single -stream" recycling work? Mix ccrrdboord, paper, plastic cc cans together in the green dumpsterl Flatten all materiels to maximize space! • Or 9/9/2008 8 a Would this change the program cost? It would be less than $1 to convert our current blue bins to "single -stream" bins. It would be less than $2 to add a blue "single - stream" wheeled cart to our program. 9/9/2008 9 • r. • Why would it cost extra if we collect more material? FA The volume (tons) of material would increase, but the value per ton would drop (mixed materials cost more to process). New trucks and containers would need to be purchased to handle the recyc I i ng. 9/9/2008 10 • • 3 } • •'t, 1 • • • • a 44. 4 d The Future of recycling... a Allied Waste is committed to improving recycling in Eagle...How we proceed is up to you! 9/9/2008 11 Mayor: Nancy C. Merrill Curtis Hopewell 3525 N. Croft Way Eagle, ID 83616 Steve Careen 3595 N. Croft Way Eagle, 11) 83616 John Vogt 3632 W. Beacon Light Road Eagle, ID 83616 October 27, 2006 Re: Buckhorn Estates Subdivision Dear Sirs. CITY OF EAGLE P.O. Box 1520 Eagle, Idaho 83616 939-6813 Council: Stanley J. Bastian Phil Bandy Steve Guerber Scott Nordstrom It has come to the attention of the City that there may be some confusion over the purpose and intent of the easements on the above referenced plat. Buckhorn Estates Subdivision is located within the Eagle Area of Impact (AOI) and was formally platted by Ada County. At that time, the City of Eagle reviewed all plats for compliance with Eagle City ('ode and signed all plats within the AOI. At the time the City signed this plat, it was the City's intent that the easements included on the plat were created and were in full effect at the recording of the plat. _ I hope this helps clarify the matter in question. if you have further questions please contact me at 939- 0227. Sincerely, 14,444.14__ William E. Vaughan, AICP Planning & Zoning Administrator Cc: City Attorney Mayor & City Council Page 1 of 1 K:\Planning D.:pt\Misc Lettcrs\2006\buckhorn easements.do • • DEVELOPMENT SERVICES 650 Main, Boise, Idaho 83702 BUILDING DIVISION — Phone: (208) 364-2277 DATE: July 27, 1993 TO: Ada County X Assessor _X Building Division _X_Engineer Sheriff _„X__Zoning Division/Mapping _X�G.I.S. Solid Waste Management Other Aceltci es Ada Planning Association X A:r lat=orat Guard Boise Airport Director Boise Planning & Zoning Boise Public Works X Bureau of Reclamation _X Boise Project Board of Control X^Farmer's Union Irrigation District Drainage District _XEagle Sewer & Water X Central District Health X U.S. Soil Conservation FRO4: Ted Hutchinson PLANNING & ZONING — Phone (208) 364-2277 • Utilities X Idaho Power X Intermountain Gas U.S. West Dept. of Water Resources Bureau of Land Management Boise Fire Department X Eagle Fire District _Chevron Pipeline Northwest Pipeline X Ada County Highway District Idaho Transportation Dept. X_Meridian School District City of X U.S. Post Office RE: Buckskin Partnership 93 -43 -PDR Ada County Development Services has received an application for a 48 Lot expansion of a planned residential development (Buckhorn Estates). The property contains 262.68 acres and is located at the northeast corner of North Park Lane and West Beacon Light Road in the E 1/2, Section 36, Township 5N, Range 1W. This application is scheduled for public hearing by the Planning and Zoning Commission on September 23, 1993 in the Les Bois Room of the Boise City Hall, 150 N. Capitol Blvd. and is scheduled to begin at 7:00 p.a. Please submit your comments, on Agency Letterhead, by September 9, 1993 (make specific reference to the File No.). A non -response shall be considered as 'No Comment". A MACBI TS : 1. Preliminary Plat Application 2. Applicant's Statement 3. Legal Description 4. Vicinity Map 5. Site Plan 6. Preliminary Plat S 1 .i LL I 5 -ak.<14.--tr-r-u2.-,".i 6a-Cn3 JAMES E. BRUCE. President GLENN J. RHODES. Vice President SHERRY R.HUBER.Secrefa-y TO: FROM: : ACHD Commission Development Services INTER-DEPARTMENTCORRESPONDENCE Ait( F3 U N 2 / IDST Ec 1-1 B-18-93 DATE: August 13, 1993 SUBJECT: PRELIMINARY PLAT - BUCKHORN (Developer - Buckskin Partnership Boise, ID 83702) (Engineer - J -U -B Engineers, Inc. ID 83709) FACTS & FINDINGS: ESTATES #2 93 -43 -PDR , 1100 W. Jefferson St., , 250 Beechwood Ave., Boise, 1. Buckhorn Estates #2 is a 48-Iot single family residential subdivision (the lots will be 5 acres or greater in size) on 262.7 acres of property located on the north side of Beacon Light Road where Meridian Road intersects it (south side only) . The property also has frontage along- Park longPark Lane approximately one-half mile north of Beacon Light Road. There will be 10,600 -feet of new public streets added to the system. 2. Beacon_ Lght Road currently has 50 -feet of right-of-way and is im- proved with 24 -feet of pavement. There is an existing residence on the proposed Lot 1, Block 2 which currently takes access to Beacon. Light and will be allowed to continue to do so. Access to the proposer' internal street for this lot is encourated by District staff. The 2000 Urban Functional Street Classification Map designates Beacon Light as a major collector roadway. The District requires a minimum of 90 -feet of right-of-way on section line roads in urban impact areas, street width sufficient for 4 traffic lanes, and 5 -foot sidewalks. The ultimate right-of-way will be acquired now as development is occuring. 3. The ACHD Capital Improvement Plan indicates that Beacon Light is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for right-of-way dedica- tion in addition to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance r.188. 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7580 ~KHORN ESTATES #2 August 13, 1993 Page 2 Park Lane is a mid-section line road that has 50 -feet of right-of-way and is improved with 24 -feet of paving. The District will require right-of-way width sufficient for a collector standard roadway. 5. The proposed intersection of N. Croft Way is offset approximately 150 - feet west of the existing intersection of N. Croft Lane and Beacon Light Road. N. Croft Lane is a private road that serves only three lots, therefore the proximity of the proposed street intersection with the existing one is acceptable in view of the burden it would impose on the design of this project to align the two streets. 6. This application is scheduled for public hearing by the Ada County Planning & Zoning Commission on September 23, 1993. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45 -feet of right-of-way from the centerline of Beacon Light abutting parcel (20 additional feet) . The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Direct lot or parcel access to Beacon Light is prohibited (except for Lot 1, Block 2), in compliance with District policy. Lot access restrictions shall be stated on the final plat. 3. Dedicate 30 -feet of right-of-way from the centerline of Park abutting parcel (5 additional feet) . 4. Direct lot or parcel access to Park is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 5. Construct 24 -foot wide (minimum) paved roadways with 42 -foot pavement radius of the cul-de-sacs. STANDARD REQUIREMENTS: J1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. \J 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. PRELIMINARY PLAT - P 7KHORN ESTATES #2 August 13, 1993 Page 3 rovide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. Continue existing irrigation and drainage systems across parcel. . Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Ada County and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of- way or in a drainage easement set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amen- ities placed in said easement. Drainage easements and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar day of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale rib 19/ h DA COU r `TY DEVELOPMENT SERVICES 650 Main. Boise. Idaho 83702 BUILDING DIVISION — Phone: (208) 364-2277 June 1, 1994 1 -U -B Engineers, Inc. 250 South. Beechwood Avenue, Suite 1 Boise, ID 83709-0944 Attn: Gary Lee PIANNING & ZONING — Phone (208) 364-2277 Re: DRAINAGE PLAN REVIEW FOR BUCKHORN ESTATES SUBDIVISION NO.2 File 93 -43 -PDR Dear Mr. Lee, The revised drainage plan submitted for Buckhorn Estates Subdivision No.2 consisting of one drawing labeled Preliminary Plat Of Buckhorn Estates (West Expansion) with your stamp dated 3-18-94, revised by you 5/25/94, and eleven drawings labeled Construction Set - 9 -94 for Buckhorn Estates Subdivision No.2 with your stamp dated 3-29-94 with drawing 11 o evised by you 5/20/94 is approved. (i John E. Priester ADA COUNTY ENGINEER Ada County Development Services .IEP/dw File 93 -43 -PDR 4101.4 PAM LAM PLAT SHOWING BUCKHORN ESTATES SUBDIVISION NO. 2 AMO Y 1K E1/2 VIM 16, ICx(9iP 510% RANI 11ESI art A PEREAI Cr >K N 1R ED Jl DM S NO D Wlk[£ I EAST, Ns( letUN ADA COUNTY, IDAHO 1994 SHEET 2 LC(wNf\ • I004 1401 CM M000.1 • 100d Al/.Fvn CO MenOnnl o .1. 01 3/11. 8/n Pn n lnwON • Ml 5//'. 70' Ben PF 440 Plink G7. P0.3 31710 • 441 I/1' a2.' M PF o0 Pk11k C.P. POS 7160 • 3.l 1' ..36' Ira PQ...o eel 3/1'. 14•80 Pn ./TaNk Cap Pm 3110 (nllat PO*t *18011[01) �..�� Dnnlana VI LF.8. [911910. Ce+0.0. 1441 .C. otnn. Caner 0000104104: 43)0301071/ E524TE3 PO111161918 1100 M. ,Mllraon Odle Idaho 'N\americnl Subdiv l.ioli Plata : 131465 Pg6709 BUCKFIORN ESTATES'SUB NO 02 n h 147,09 SC11L 1'•700' NOTES 1. 0,140 1.341... 1111 1800.+018 .1004* 11 04 1801894.0 044 N 44 00.4101. •.N .. •PI0090. [whet Mande. .1 Al. Cont.. 1 04 ..-011111io o0 Io1 ON 0181 comely 0014 • 04160,0 006 .Q/ellen. N •Rent Al w. 144. . 7. A 12-11.1 •44..Ynn4,3 Paoli UtliU O.FM. ern/ 11154..* C.M01 4 6.0.4144 •1.06 MY* nal 4174-44..11 end .18..19 064100 1.0.1.10. r1•s 141..11101 .1.90*. 1040 111. P1'MP.4 000 V01170, 041`•17 Intr.11w Caere. L 411111.801e N /0100n 111.00 41 row +. .14.80, wls M 8.0 roA1.1 .r 1.0 1.. 4..0 NL .o- 01*1* new. 0*105 11010* OIIM H w• Onenene el011 .0^1/ *1. Men c1. 1«Un 11.1401 s lel .....1 0181 .014..1 .0.41. Von 91.0 Ono 411 1/18 01411890 42 6 104 .0 .r •* WA. F nee .I.MI p1r .1791801 hon. COW 005111 0410 314911*.2 7 14. 4441:044 00.11* n0* 0.16180 W18 6. 1.1111 1/101 Lee 140 ..Ir 10..•04 0 180 094404 1880441** rot.. 6 R...r.. 44 100 01. le . 040. 000 44119 w IN 110 00 AM C/.1. 00s1.. VP. en.** 144489 * 55*ll.n1 6 A 11..0 .stn 1410(1* 1.1r.44M l Panay 1.01.11 t. th. 9+.141 0 w. AM CSnlr 07.4.4 51.41181 .1 00.. Ia11.a04 ..r .ell 1180...1 00 N .+4.14411 by 0. P0041r •..i:. 10 . 17 r .l 1.1. Ilr.. 041.. 1.0001 h 0N1 /r.lp.alld b 181 10011 .1 08 An C...1/ 106018/ 0441.1 .• 0..18 24/4/0111 no obi Comment 0441 N 0.1044 by 01 941+1* tone. 11. A 11 IMI .A/1 .,4.0...11* tN.n01 * 80.8,.rtp..0. ecew. 00111 .1 M 001w11.• Nlr Yv 0 neon. W M4M ..r 044 C•r1.w1t 001 N 400,4.9.1 11 w. MMr 11 r 1 R04441.4 1001 - 344.444* F 04 .JNYn 018 N Wen' 4. Mw n eons 1. Mal I..an 1114.1 •.N 80.0 .• /own i 018610. moo. .1 u. 818 C..17 My...y 041r*2 • p1PK1011 *3111 531)4 10 4.625. 413. 1637 MID +3 0600M181 `0 610.11173 101 MUM 114331 0IOR1441011 Nag SCCI1011A1 DRLIXD00 1 Or GC. M. 1, 344., R. 1M., O.M. Mt, COMM 104110. .1-11-9 ENGINEERS. INC. (401.97 14+11.14.7 NEVI1r, Blot. I/al.o PLAT HOOK �.� PAGE &74O 51�T1 OF4 Aar* 114137, Scale: I Inch ^ 1.67 inches .11. OM - Now** - r p.m. MI_ 7 L F1' N b t9 Pound gars Cop UIbrwrnrnt Fstffid A:11*MM C00 ;Ionurraent o y'e nd S/r ken Ph es clenched e; Sit 5/5'4 30' Iron Pin Oh Plush= C. Pia,.$ 32340 Sit 1/2' ,e 24' iron Pln with Plonk Coo, P 3240 Set 2' .e 36' Iton Plot wet ett $/a's 341ton Pin r/Plasrie cv#, PUS 3280 (uatrihs. POIHf, ultetUidlit) -- -* Ownda'y Line Lot Unt Cintarin. - Easement tett W.C, *Ines, Corner ... NM IATCHUNE a9a Ito ■i $ar, 1 " "kit SCALE: 1"0300' NOTES 1. OwIdnq i.taur3s $eld dimoneenet stondodi in hilt sibeliciston ehslt Dt troestpilonoe ee,Y) title appticWe :onyn9 rsga,Ietlonr of Alt Coolly, 2. My t.— bdMel's+ `ef this plot retail comply with the oPpiicoble Toning rt vialton, h elltet at Or shit of tht rroabci+4 Son. grant mobilo i1Wtica Orainolto anti ktigaVan ed dont pvbtk road rigtttt.at-way and BUCJ(HORN I S7ME3 PART1IEftSlir� 1100 W. Jrlft:rar,n Soho, Idaho `, 1 A 12 -loot Vide P Enamours 1t d tat trio au beseetdareall. Woo deno sitonad Ohara -lee. A 2444041 writ pen ant Publio UMW& Crahe,0a and trrlyetkn t;oagrntet+t is Utted to be ;ontortd an fwrtrritr lot ants. 4, trelootion inter tK bIM pestiided for t dh lot ,mirth this sub-. dMsien 1hreVgh Itrii}otiwn Monet end the drtelrper shad wavily uttn doho Croda Setztion 31-3508. 5. Lot owners 'NA einietrvot wtttctr turn oretutid 0/10s erre0d1 indfvt tat lat. #i. Lute shat net ztedvtset also 'Fithwt prior opprowol from the Central District ll; t11 Otpbrtment. 7, No odditiond doe4 votes Oebttas �sear bt in#tnllad btsen4 the voter tytttrr rp reneged Irs illi nrxitttary rtst$cilon rsltte - 8. ttetrrsntet le biros,. .roods to a pad, I oditr hits( on Flo with t+s Adv County Amidst* Woe ratgordlog m11111.14 rM4rietlrns. A. A Storer, *it/ R4irlti n jtswrttnt is hereby cdrstrp uttd far the 4tr,eftt of tele Add Catlalty yttq►►wsy D►eir1ct u shorn, ramie. ►tip pour' 1d tan«nt shays w Mobltnlrltd by Crit .vtrty et�rt; 10. s 17 Paul wide r�rlann tenter t nemh hereby drtignoltd fpr tht benefit uii tilt Mo County tilgrta*oy 0#ettiol it *own, Lands ping vii)oli Cosont rt Shall bit molnicslnnf by lh• PeOPw1y *wee', . 11. A 12 Foot Mrs. 4ilotlon %clot Easement is hwsaiy eles tipote4 to tn. bten*$t ott the dtretatrtant teeter yntr al *own, L ands:dpinp awe 100141 Eauentni shod bi rttalntohed by thrteriy eMn. 12. Mrttt:altd Ac"ook.... *riots to thle subdirision etiol1 lir pravfdid. trith on octets ttWitt AaaCort VOA i'loOd unless said Oram A eoecifltoty op,rw ti by rho Elsa County liletioy OtstrItt. i .'1 $1 4 •1424 rAru1 w+t r — e kW. Cosy tim 31 livf:tr,r1M .- PLAT SHOWING BUCKHORN ESTATES SUBDIVISION NO. 2 A KIWI VD( E 1J1 ItIteiP5IMACE11031,04 A POOCH Cf 110 I ICl SECAa131, T011I9 ' S KOAi1L RNII I GSI, KM COM ADA COUNTY, IDAHO 1994 istiPt •1110 wo Amo 1s,1 204-,.. H 1 rowel..Drew Tri IT zr, Ti vi, 1 St .0.1 .3111, 4 / 0.00C 4 to,............$0111:101....450' I,... � r0 414 K L11 AL • • Ls! K r%7rer • 1 $ 3..:„..ir:g.. l" 4.01 K Gw1/1•Y Sutw !• .a IN .w Pi. lid MO • MifFW ... �" C t Ir p. U1 As. L•• Aa: t Lit as. Line. ., Lam 11r OM% ASA *cm PONTPONT kdiWlRi1 r„1 7.maiesupi A3 4A CM Asia FOUS susonsCOM Oa ..r ..h O. U. DC. 13$i Dan; DATA .11 t.M3].• .t. 1,..4441 h,r • 111 an r.ar• .r tr: +r•!: • tl; nom... La K •M w r .r M SCAW 1'-100' 03100011414t YOMrt11Mi EA101011 O[T+L ,-u-B ENQ1NEERs, INC. I _ PLAT BOOK _id. PAGE' 1;ii SIM 2 Or 4 res'•'" rt'Ntirrtariavis o prai Subji_ ate - 9k65 P86710' DUCKY -TORN ESTATES SUB N ? 02 PG 2. StlaloY2 kWh;A'1:64 Inches CERTIFICATE OF OWNERS BUCKHORN ESTATES SUBDIVISION NO, 2 CERTIFICATE OF SURVEYOR l 14114 Ww.1414 .•.h 4.. 1 •,' Orr 94M..• lM !w^ 114.4 Ir9041 N11..4.1!w M 43461 1.4.4.1.4.4.in0w 1Mn1r y 1. w .. 1. t�Me, 0.41 ,�I r r lrl 9.w •r M 44 4.1 u..• w1w 4.r N • 19. 1114. w4r �1 N 4. 14.1 ',M.. •1 w• NO• [M, I•;101 ri.w fY 1414•)4 N IM M IIW W •wmr 114.4( • ITJT N *4111 1 4 93 9 1441 Vet1.4.../11019. Mq Ir•`w•1 w 4. ' N 1 ,14,4. 34 4 N Iwa w w,+ r 14 Ilu . IIr1 { 1414 w 1441 W. • 11431.• N M IM 1/1 N 114 M. . 111114, 4.r • 1.44. w N. 9.9 (/t N 444 J1, Ik 411, .... 41 49.• •11) Iwo M .Y. 41!1414 41.66.4 • 1144. NIM. N w 911 M 1111"I N L4.. mow 44 4 .4411.1. M• Pww rI�P *094 U.... 1Of 4.41 `"g1�1•.4 - 4 MAY fµ"1411 /wwt 14..43. "4943 1711 11 t.l•Y wr1.p. UP N. 1143 .1 N. hew.. 41.1 I•w� 14 14141.1141.1191.01 .0911 1f 41.1 •. 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Rt 111.40 Nurnerical.S.ibU1YIsVOn Plats - Hlb63-Pg671 1 •I V. 1..n, CERTIFICATE OF CITY CLERK w•w.'1A G4 414. 0 •4 r 0V •1(•l. 1044, 441. 14 •• 4.44', Dor, .4344 N Iu 011 t.rw ..• r • �L14y 44 1 14'})..'- M N .1 r,.µ.1'-4.4 1111 444 14/.4. 1941. 199 ✓9..1.1(441 141 91439'. • ADA COUNTY HIGHWAY DISTRICT COMM)'{g10NCR'5TAN4C ,I 111•'•!1.••.1 t44 0 414 144 9wrr Y .. 1.11 .f 143 4.11 (. /•:9 04.11 wlsodsi 9 �Pm . 4 N .AFfr l 17 m' 419141•"1,• CERTIFICATE OF COUNTY SURVEYOR 441 rr,F. 1 n r 1 Je�•u.• �:« •••• .• 9r 1 •4. ,4... N. Mw 414 w4wwM 114441.10•Lu 449141 O. 1414144. CERTIFICATE OF CITY ENGINEER 4 4 1.4...449 1.1.=49.. 4. w. sI N I... w 011.1 I.4. , _ r •..111 4.. 1 4,. 441..4 N 9•nr w. 9444 11,.41 NIH,, i14r.n •&7.45 APPROVAL OF CENTRAL DISTRICT HEALTH DEPARTMENT 4 M. «4.1141 N �{4 yr143,44 row/ to .. I..4.14 14,444 44 141 Ws N Noway 4141[41 4,444 1411 W COUNTY RCCOROCR' 5 CERTIFICATE W )4141011 9s 9 r/71,-(6 MR 1/ 04314) G90411 of 1.1 )a If WN 44 i� I . 30.MMN '414" 1 IpM.r•41:•rw Nw r YnI044441444114a7 /L4441 .14 4411 144'4✓ �•2 49111 ._.. _.. ,, ,__, _, IMfFT 4 Oa. HUCKGI-tORN ESTATtS SLD NO ( a PO 4, Scale: 1 -Inch - 1.67 Inches n rte, n lel.ilv+an Mlf{A aw•rw"..w I.r I�j �,�I,��,.� ..w " .. - -• . ...W4 •F 4 rw•v+ •.—« w- ...... Nuri 4r 1 RM4 13#34 h.t M 1 .urtlltr i...'44-4'.t+tlt-i pwerr w wl+ UI 4 N a.M1 1 .r ..M► iZ4h-o;A 411.4tt.tt �h4d. N+. I khroat rsl►atM to. Ilw.ktt.r0 w t+II.N,t.I.11 $s. t woo or +b' re too aOa,11 % oars Roods. sr loot U11.13 fool +tale Or 44' 3! « isWaft' `«at ora' e4' tell 111.N 1K01 w«I,. 14•.tb or Ir 3>' .N 44 .� loot thenc t North 04'.ru' MMM mit is 1hmr 0114.4 hot Nowa Nu* i1' 44 4 folio fel M . ►n► mei* • }Nn1 .�t Mt i+�lw.rrM W M. 3 III M44i W OK �ld_I w oho* so (M.. 1Mi 1� 3341 Mt1..l+ hoe 2034 M lh. WWII 44 1ls;ss•Isr. Alk t3etrttA Odd* Mean. IN fwrw.b twlWsrr w+i ;:1 �.ttwr ►4 t1re M1 Wsa w 4 IRrh{ ya *, Morro 144 01,1444,4 M �Uts North oi' >ii' ,111.411 f Moth W 3i' 3Y �..t 1.13.11 hoot 10,02. Nor* WWII* I *et 17413 ' iset pts? Nero S Vol tad lo dam i.r 1 r a t wa 1Mtn l..1 a oto ►Mrr*4 g' o►' oY WM% t rig 4,411 1. h i 4 1>,,Y tMM 31im SIf ht PIM. N.FM 13' purl oi 131.34 f:dt MM.a Nwtlt $3 W w.1 14141 4,.4 (#onus WI 30'4b 11 lrui tb1.1. Witte t N M M who cod swot cc ar w tot *iota ?ot te,d6 ,� b«wiri .! ,.It 1*'$V MVO WOW as w h• rM .► r.� r1� 11t.rltu. MMM( r4 !4' 4r w..ith V14IM/ *Oh 2' 03 1,)' Vogl M.I2 t 411 1 �1 Mott 14 VI 44204:14404044,14e4 �14 M M.� Ml t M ,tr, *.P 1 ' *V l4 tw 11 ttio► rosttOv M.r1h 1S Zi 1 11U P d 44 N 1 1Mt 16041M4 a M I�Ir 111q sr 3rwtlt 0:14441:t?11hrt 1il,N tot le gilt pltt Owl NwP t? 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IN 1KMMICK WOW, is Mre hw"nl. rot ow 414414 Iht. wpoi ar $11.41100. £ CI*4*1111IM1:01$ rf„ IOW Mr, stf Du 1 V 31,d! or tDValMoopoPMSATh . i4.sd rll I' Ann.44Xw PAM/MN IA141,Y 711147, Voted 01."1.1+.► Is" VAT( q 4!441 N�1pp ., Core)) •R MwWt...~ N11 WIM 1I 400•PMatwitaN, Um' (!'regime tad t!i %IVO t : , .4 0 • et T•.l.tttsM.ry twlvoent rt 31, 4n t1iW4 4 'Mltj 'M1t111 I N.3 tit a.tw'se • Ms1 NU4 i W tor wild Sista. p.ReW sraw.4u 4 40111111•w, P001 ?MAY 1RU1T, M1MN 1.i+roMw 31 11 M 4rs•of 1444m1144 lo lee le 14 G. 4asa1 *set twos h abutted le Mt 4111th! A i. WOW N b. COW4M D wa 2AW04 PA KISS K NI+44r 11NMf, 4.1.4 /.r.1.14,r 31, IU$ GM 911.4 4064004 M ON Merl OVA, JAM 114/04144, a %Ale% •swum a 01'4 Whet M MTIK, S 1e1OICCl. I tom Mmmo** not my hod m1 .Nls.l strAttelg .•ss w /Irr ser ptw 5.1 0 ii N Tryd.• .4 T..t•ma,Iw7 Tnr$ A II Ale Of mAso Cwmtt, .1 en MIs. +n M p 111♦ Nsi.e. rn . Ph% 4 ..ru fie edit Rrtr. torw tOr oor.4 t9 o &At.L$ FMbaU t ee Mahe •t 1.444 Int4 1 al 14 .r 33404th 15 SW to 1. MM prow Anse worne w 4444Vese 14 les Num wtruvIsnt rt We .* of*.int/U of O auto •• sts• N telllorlrlttrf Not 1 044 00041•004. . 04; i'l.t�1411113430011 w. Tn•ta► ,140014 M PIMPS tot ter. 14,11.0 p.rwwlr Ito My nal No . oi'•iR'adr a 01444, * A100 t1 444,1It CERTIFICATE or COUNTY TREA5U E i SAN • C....rJ.s4w Arta. CERTIFIC^T>l OF CI' UI..ndw+lln.d ilty Qom MMI A M Ole "JAIL 4.1.t .tom ADA COUNT(! HIGH' 1T11rsJr .144 PA ere rro.Rtd woe CERTIFICATE OF CO ► . Jaren ita'Ia� p&.1 .r Ti14M•trt IWMI $4 CERTIFICATE OF CIT 14+vw«4, Al rn APPROVAL. OF GEN' Seektlety r Nth* M. arlsttl.a. *4 tap spoiertt sl. he i" 4'401 I\1Tv rsr/I.M as 4111 1771001%36 release of such clan n of lien._ The Also iatiort may demand and receive the cost of; preparing and recording.such release before recording the same. ethod:of.:Foreclosure. SuCh liert may°be.foreelosed by appropriate action in court dt? by sale by the;. Association establiis, us grthe,Assessment, its attorney or other persona ttnorized to make the sale. Such .,ale shillbe•conducted in accordance with the provisions of the Idaho Code applicable to the exercise:of powers of sale permitted by law: The.Board is hereby aut:prized to appou t its: attorney, any officer or director of the Association, or any title company authorized =to do business in Idaho as trustee for the purpose-` of conducting such sale or foreclosure. 6.4,:ylleauired Notice. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the claim oflien, whether judicially, by power of sale or otherwise, until the expiration of thirty -(30) days after (i) a copy of such claim of lien has been deposited in the United States mail,: certified or registered, postage prepaid/ -to the Owner of the Lot(s) described in such clairn of lien, and to the person in possession of such Lot(s) and (ii) a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 6.5, Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Lot shall not be subordinate to the lien of any Mortgage except the lien of a First Mortgage given and made in good faith and for value that is of record as an encumbrance against such Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 6.6 with respect to a First Mortgagee who acquires title to a Lot, the sale or transfer of any Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Asses!-nients as provided for in this Declaration. 6.6. Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Mortgagee under any Mortgage upon a Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such Mortgage such Lot shall remair: subject to this Declaration as amended. ARTICLE 7. EASEMENTS ".1. Easement for Water Distribution Facilities. An easement for the benefit .)f the Association, and for its successors and assigns, is hereby created and dedicated for the Water System and water distribution facilities, pipes, pumps, ditches, and service systems supplying the same, and al_ other purposes necessary or incidental to the construction, repair, replacement, maintenance and operation thereof in, under, .ipon, over and across all of the Property lying within ten (1.0) feet of my Lot line. No Owner may construct, or allow construction of, any Structure of a permanent nature, nor plant, DECLARATI )N OF COVENANTS, CONDITIONS AND RFS;'RIC T IONS OF BUCKHC RN ESTATES SUBDIVISION NO. 2 - 7 5\ RIR, 21. I9LJ-4\ 1 '\5\wESTDEC.CL; ;,- 177100:123' • or allow to ibe planted, any tree, shrub or other vegetation which would impede the free and adequateaccess to the Water System and such facilities, pipes, pumps, ditches and service systems by the Association and its agents, contractors and employees. 7.2. Stecial Easement for Well. A water wellwhich is part of the Water System is located ori Lot 1, Block 2 of the Property. (the:"'Well" ). An easement for the Well, pump and water lines for the Water System arid..for::the operation, maintenance, repair and ;-replacement of those portions of the Water: System on said Lot 1, whether such portions are Within the ten foot e :ea set out inSection or.are outside of such ten foot area, is hereby;created for the benefit of the Association and as a burden on said Lot 1. 7.3. .Easement for Maintenance, The Association shall have a permanent easement to ga upon. the Lots of Owners to perform maintenance required for the Planted. Areas, the Well System and the Water System, and other rights of the Association created under this Declaration, including the right to clear and remove trees, brush, branches and other obstructions, at such Lot Owner's expense, which may interfere withthe use, occupation or enjoyment of the easements created hereunder. 7.4. Srl ecial Aereement For Well Maintenance. The cost of the maintenance, repair and replacement of the Well, pump and water lines for the Water System on Lot 1, Block 2 (the 'Well System") exclusive of the cost of operation of the pump, including electricity for, such operation, shall be born by the Association. The Owner of Lot 1, • Block 2 (the "Maintaining Owner") shall maintain and operate the Well System and bear the cost of operation of the Pump. All maintenance on the Well System :;hall be performedpromptly and in a good and workerlike manner to the end that the Well System is fully functioning and available to supply water to the Association for the irrigation of the subdivision entry landscaping and for other uses of the Association. The Maintaining Owner, in compensation for such Owner's duties hereunder, may use water from the Well for domestic purpose.; only on Maintaining Owner's Lot without charge other than the cost of operation of the Pump, including electricity, which operating costs the Maintaining Owner shall not be reimbursed for by the Association. 7.4.1. Reimbursement. The Association shall reimburse the Maintaining Owner for all of the costs of maintenance, repair and replacement of the Well System within thirty days after receipt of an invoice for such reimbursement, which invoice shah; include copies of all relevant service, materials and labor bills. After first receiving written approval from the Association in writing (which approval may be withheld for any reason by the Association) setting forth the work and the agreed hourly rate, the Maintaining Owner may furnish labor and,'or materials for the maintenance, re.'air and repla ement of the Well System, to the extent of such written approval. Aly such furnishing of labor and/or materials shall be as a contractor and not as a representative or employee of the Association. 7.4.2. Budget. Until such time as the Association has established a budget foi routine maintenance, repair arid replacement of the Well System, routine maintenance, repair and replacement, not to exceed $500 per occurrence, may be DECLARI TION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BUCK -TORN ESTATES SUBDIVISION NO. 2 - 10 5\July 21, 1' )4\33')Y\5\WESTDEC.CL5 35251;11Cr`ott Way, Eagle, 43 43'22.8C N 115"2a5 ;Image ® 2008 DiktalGlabe 2006 Tele Atlas clay 786 m May 15. 2006 A D:AT J DAV,. 'a ��,-.', ' c --r. BO 1 S I�ECtARATION OF CO'VENANTS' 'CONDITI 9075371 1771001228 AND ST1tiCT'`(1NS OF FIRST AM1~ IL AN TITLN HORN ESTATES StJBDTV.ISION. 01 99 BUG 17 FEE. ECL inr is ma. a as'c,f the -1 day of ET ` : 7 and'ELj:Zi9t'BETH PARKINSON FAMILY TRUST, dated•December 3i,-1985) and EDWARD JAMES PARI(L'.SON, as Trustee of TESTAMENTARY TRUST B created under the: --Vast Will and Testament of ELIZABETH PARKINSON, dated January 15,1982, together hereinafter referred to as 'Declarant." TLE CO., RECITALS: A. - Declarant is the owner of certain real property in Ada County, State of Idaho, hereafter referred to as the "Property" and sometimes as "Buckhorn Estates West", more partkularly described as follows: Lots 1 through 7, inclusive, and Lot 9 of Block 2, Lot 1 of Block 3 and Lots 1 through 7, inclusive, of Block 4 of the Plat of Buckhorn Estates Subdivision No. 2, recorded as Instrument No.940L'7a5/. at Book G . of Plats at pages (a7Or1 through Records of Ada County, Idaho on `7 - / s" 1994. B. Declarant desires to impose upon the Property certain protective covenants, conditions, restrictions, reservations, ea;cements, liens and charges for the benefit of the Property and all present and subsequent owners thereof, and all conveyances of the Property or arty part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon the Property the following easements, c.onditions, covene nts, restrictions and reservations which shall run with the Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof and shall inure to the benefit of each owner thereof. ARTICLE: 1. DEFINITIC)NS The following terms shall have the following meanings: 1.1. "Architectural Committee' shall mean the architectural committee : 'f the Association, established pursuant to be By -Laws. 1.2. "Articles" shall mea i the Articles of Incorporation of the Association, as they may ')e amended from time to time. 1.3. "Assessment" shall mean those payments required of Owners and Association rner iters, whether regular, special, or as a result of a default hereunder t y any Owner. DEC LARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 1-UCKHOI N ESTATES SUBDIVISION NO. 2 ]. 5\Jul 21, 1994\3399\5\WESTDEC.CL5 EXHIBIT Karen Jordan 3417 N. Croft Way Eagle, ID 83616 To Eagle Planning and Zoning Commission: RECEIVED & FILED CITY OF EAGLE MAY 2 2 2008 File: Route to: I am writing in regards to CPA -01 -08 -John Vogt building application. I would like notify the commission that we are experiencing problems with Mr. Vogt in regards to an easement that he has on our property, which is the furthest west portion of our property that also borders his property. Mr. Vogt has planted multiple trees on our property, on this easement, 10 years ago without any communication with us, the property owners. We would have preferred some acknowledge to us, the property owners. This past year, Mr. Vogt has put up an ugly wire fence that follows along this easement line and completely fences us off of our own property. Property that we own and have paid taxes on since our purchase of this property in 1998. We object to this fence, completely, we have a right to have access to our own property. Mr. Vogt has also put fences and trees on 3 other homeowner properties that he also has easement rights. We would like to have these easement issues cleared up before any new building can occur. I also enclose pictures and a copy of the easement agreement that we received upon purchase, for you to review. Thank you for your time, <aitv- Karen Jordan Is- an 2/5/2008 Dear Rick Collingwood, P.E., We reside adjacent to proposed development (3632 W Beacon Light Road) abutting the north border at the east end. As you may know, there is a , i disagreement regarding the north border property line. Mr Vogt erected a fence inside of our property line some years ago. The survey markers are clearly to the south of this fence at both the east and west of the property and mark the endpoint of the true property line separating the Vogt property (and the proposed development) and the residences of the Houseland Ct subdivision. We would like to have this rectified clearly in the county records as part of this development. I'm interested in your research into this matter and how it may be resolved so that we can plan any subsequent actions that may be required. Thanks for your time. W ri- /..t__,--,. ------ Monte and Tem Manning 3 695 W Houseland Ct Eagle, ID 83616 monte@manninghome.com . (208) 938-0135 (H) (781)572-9114(W) ›fN Michael R. & Melinda S. Matzdorff 3295 N Croft Way Eagle, Idaho 83616 (208)-869-2111 Mr. Rick Collingwood, P.E. Toothman-Orton Engineering Company 9777 Chinden Blvd. Boise, Idaho 83714 REF: 3632 W Beacon Light Road Mr. Collingwood, Thank you for your gracious time in reviewing the proposed development site located adjacent to our property and listed above. We support a landowner being able to use his land as he see's fit provided it does not encroach or affect the adjacent landowner. Mr. Vogt's proposed project is well devised and offers little impact to neighbors. His 39.00 acres seem to encompass all current residences with the exception of the 1 acre parcel which I assume he does not own. With Mr. Vogt changing land use to residential from agriculture we see three issues that confront the adjacent landowners. 1) Mr. Vogt's eastern 10' easement for agricultural use (refer to easement documents) appears to no longer be viable and we request vacation of such easement on our land to be able for us to use the land in our cattle grazing efforts. 2) We believe everything North of Beacon Light road was designated 5 acre parcels to minimize traffic, provide country atmosphere, etc., was part of the comprehensive plan for Eagle's growth, has this changed? 3) Irrigation delivery and discharge is quite critical to all landowners, we see no documents as to addressing this highly critical issue. Mr. Vogt and I have a verbal agreement that our clean water would be discharged into his active ditches, has this changed? Sincerely, • Mi atzdorff a S. Matzdorff 9-1-3: PURPOSE: Page 1 of 1 9-1-3: PURPOSE: le, purpose of these regulations is to promote the public health, safety and general welfare, nd to provide for: A.The harmonious development of the city and its area of impact 1; B. -Tile coordination of streets and roads within a subdivision with other existing or planned streets and roads; C.Adequate open space for travel, light, air and recreation; D.Adequate transportation, water drainage and sanitary facilities; E.The avoidance of the scattered subdivision of land that would result in either of the following: 1. The lack of water supply, sewer service, drainage, transportation or other public services; or 2. The unnecessary imposition of an excessive expenditure of public funds for the supply of such services; F.The requirements as to the extent and the manner in which: 1. Roads shall be created, improved and maintained; and 2. Water and sewer and other utility mains, piping connection, or other facilities shall be installed; G.The manner and form of making and filing of any plats; and H.The administration of these regulations by defining the powers and duties of approving authorities. (Ord. 88, 11-15-1983) http://www.sterlingcodifiers.com/ID/Eagle/11001000000003000.htm 5/17/2008 City of Eagle 660 E. Civic Lane Eagle, ID 83616 Eagle City Councilmen, Subject: CPA -01-08 John Vogt RECEIVED FILED CITY OF EAGLE JUN 0 2 2008 Fife: Route to: 1.Annexation and Rezone A. I strongly oppose rezoning to allow 1 unit per 2 acres surrounded by 5 -acre or more properties. The current surrounding properties are all 5 -acre subdivisions: Covington Place , Buckhorn Estates, AJA Acres, Fairfield Estates, and Widgeon Lakes Estates. 2.Site Map by Toothman-Orton Engineering Co. is incorrect. Boundaries are not a reflection of John Vogt proposed property boundaries. There are disputes on the north and west property lines, with legal litigation on the west side. 3.Eagle lty Zoning Regul 9-1-3 Purpose: The purpose of the regulations is to promote the public health, safety and general welfare, and to provide for; A. The Harmonious development of the city and its area of impact. 1.The adjacent properties will not agree to 2 -acre parcels. 2. With Current property line disputes, the City is setting up for future problems in your and my area of impact. E. The Avoidance of scattered subdivision of land that would result in either of the following: 1. Property not Adjacent to any current Eagle City Boundaries for city services. 2. Lack of Irrigation laterals to surrounding Properties -Access as been denied. 0,gd,„ Rick Milliron 4101 Houseland Ct. Eagle ID. 83616 Phone: 208-938-5170 Idaho Statutes Idaho Statutes Page 1 of 1 TITLE 42 IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION CHAPTER 12 MAINTENANCE AND REPAIR OF DITCHES 42-1209. ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY. Easements or rights-of-way of irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts are essential for the operations of such irrigation and drainage entities. Accordingly, no person or entity shall cause or permit any encroachments onto the easements or rights-of-way, including any public or private roads, utilities, fences, gates, pipelines, structures or other construction or placement of objects, without the written permission of the irrigation district, Carey act operating company, nonprofit irrigation entity, lateral ditch association, or drainage district owning the easement or right-of-way, in order to ensure that any such encroachments will not unreasonably or materially interfere with the use and enjoyment of the easement or right-of-way. Encroachments of any kind placed in such easement or right-of-way, without such express written permission shall be removed at the expense of the person or entity causing or permitting such encroachments, upon the request of the owner of the easement or right-of-way, in the event that any such encroachments unreasonably or materially interfere with the use and enjoyment of the easement or right-of-way. Nothing in tnis section shall in any way affect the exercise of the right of eminent domain for the public purposes set forth in section 7-701, Idaho Code. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=420120009.K 9/9/2008 Cc, E---/.2-or August 12, 2008 Hand Delivered to Eagle City Council at 8/12/08 Meeting Eagle City Council City Hall Eagle, ID 83616 Re: CPA -01-08 John Vogt Request for Comp Plan Amendment (A01) Honorable Councilmen: My name is Dan Glivar, and I am the current residing President of the Buckhorn Estates (West) Homeowners Association, and this letter is written on behalf of myself and at least a dozen other homeowners in our subdivision who are requesting that Eagle City Council deny Mr. Vogt's request to amend the current Comprehensive Plan. The 39 -acre parcel that is the subject of this application is directly adjacent to our subdivision, which is comprised of 48 fully -developed, built -out residential/rural lots (except for three vacant lots), all greater than 5 acres. In fact, the proposed development would border at least four of our homeowners' properties, and several others in Covington Place, the rural/residential subdivision to our west and the development's north, which also is comprised of fully -developed (built -out) residential lots, all greater than 5 acres. Every homeowner in our subdivision purchased their lots under the current zoning designations, which requires residential lots of greater than 5 acres in this area. Not only have these zoning restrictions been in place for decades, but the recently revised Comprehensive Plan, under which many new developments in this area have had to comply, also calls for minimum 5 acres residential lots. There is no reason (let alone a compelling reason) in this case to vary from those standards. In fact, any variation from such standards would result in unfair and unjust treatment of the current residents in this area as well as other developers who have moved forward under the existing Comprehensive Plan in good faith. Mr. Vogt's real reason for annexation and rezoning for higher density lots is simple — higher density subdivisions with more homes yield more profit for the developer. The effect on the existing surrounding residential lots and the character of the area generally is irrelevant to him in that regard. His attempted justifications are indeed thinly disguised, and rely primarily on three assertions: (1) smaller lots will allow for the extension of City water and sewer services, (2) his development would provide "an attractive transition to, and valuable visual and noise buffer for the existing 5 -acre lots adjacent to the proposed development", and (3) smaller lots provide for an "ideal transition from the 2 lots per acre development to the south to the one lot per 5 -acre development to the north and east" [Buckhorn Estates]. Smaller Lots: Mr. Vogt states that "it would be unconscionable for the City of Eagle officials to require a 5 -acre lot density within their city limits." Unfortunately, this is Mr. Vogt's view of the world. His application nearly contends that denial of less than 2 -acre lots on his 39 acres would cause the entire City plan for extending water and sewer services to other developments to become untenable. Truth is, if developed under the current zoning requirements and Comprehensive Plan vision, this 39 -acre parcel would yield at most 7 new homes with corresponding wells and septic systems. This would be a nezlizible increase in wells and septic systems riven the current number already existing within the AOl. Finally, Mr. Vogt makes an unreasonable and unfounded assertion that approval of his development would "allow for the extension of the public water and sewer systems, which will create benefit for other properties and future development". I'm sure such progress will be made regardless of his development. Visual and Noise Barrier: Mr. Vogt's contention that his development would create "an attractive transition to, and valuable visual and noise buffer for the existing 5 -acre lots adjacent to the proposed development" is ludicrous, in the most friendly of terms. I find it (once again) grossly presumptive and inappropriate for Mr. Vogt to claim that he knows what is best for the people who live in the bordering development and who are obiectinz to his application! Moreover, I have been unable to find anyone in our subdivision or in any neighboring development who believes that the rooftops of 18 new homes would provide such an attractive noise and visual barrier. As to the "6 -foot high landscaped berms" he plans for each side of the "internal park" — this is TOTALLY out of character for a development north of Beacon Light. In fact, I can't think of a single development along Beacon Light Road, west of Eagle Road, where there is such a berm. This demonstrates how out of touch Mr. Vogt is with the surrounding developments, and provides further evidence of why his proposed development is out of character with adjacent land and should be denied. Transition: First, we believe that the Comprehensive Plan was thoroughly vetted, debated in open forum, and drafted to handle a comprehensive vision of the transition of lots in Eagle and its Area of Impact. Mr. Vogt was aware of that ongoing process, had the same chance to participate in it as the rest of us, and should abide by it in the same manner as the current developments and developers. This issue has been resolved after much input from all parties, and he is once again trying to reopen it. Second, it is non-sensical to compare developments north of Beacon Light to developments to the south of Beacon Light, as that road itself (as well as Park Lane) provides the "natural barrier of transition" and such fact is recognized by the Comprehensive Plan by how those roads are the lines for transitioning. Third, isn't the large open parcel directly across from Mr. Vogt's proposed development to the west still zoned for 5 - acre residential/rural lots? Again, Mr. Vort's smaller lots would not create a transition from the larger and more rural lots, but a balkanized and stranzely misplaced pocket ofhi&her density living. Mr. Vogt has continuously filed applications for this parcel that have been rejected (previously by the County). He simply refuses to comply with the rules and standards that are required of all other developers, zoning requirements, and the Comprehensive Plan. What he always fails to address is the character of Eagle's current AOL This area, recently designated as a wine district, is home to some of the only remaining habitat for red-tailed hawks, pheasant, Califomia quail, fox, coyotes and other wildlife. The open space provided for by larger acreage is what makes this corridor special and worth preserving. Mr. Vogt's plans to create barriers, berms, landscape buffers, rooftops and roads is exactly the opposite of what surrounds that acreage right now. All 2 it takes is a Sunday drive by the subject parcel to understand why what he proposes is so outlandish and inconsistent with Eagle's AOI. Easement Issue: For the record, Mr. Vogt received both State and Federal funds to create wildlife habitat, wind barrier, and to bury open irrigation ditches on the east and north boundaries of his property, all in the name of rural farming, which would appear to no longer be applicable. The westerly portion of property he uses for "farming purposes" also is subject to a superior easement held by Buckhorn Estates that has been recognized both by the courts and City of Eagle as an irrigation, drainage and waste water easement. Sometime during 2008, without notice to or consent from the Buckhorn HOA or any of the affected landowners, Mr. Vogt built a mixed barbed wire/ sheep wire fence in violation of the terms of his own easement grant and in clear and direct violation of state statutes and the Buckhorn easement, thereby fencing off the HOA from its existing, superior easement. Accordingly, he has now created a situation where litigation is certain to occur when the Buckhorn Estates West HOA needs to access its buried pipe or telephone utilities in that easement area because his fencing and planted trees and bushes will have to be removed to conduct any construction or repair activities, and he has made it clear that he will not do so himself, and if anyone else does, he will file a lawsuit against them. While it may not be the City's obligation to resolve such disputes as part of this process, I think it would be in the best interests of Mr. Vogt, the City, his future development, and the affected Buckhorn Estates (West) homeowners to have this issue resolved prior to any approval of his application, to ensure the future peaceful use of the respective properties and not merely delay the inevitable. In closing, we respectfully request that you deny this Comprehensive Plan Amendment request. Regards, D . iel J. Glivar President, Buc orn Estates (West) Homeowners Association 6,4? 3878596 3 Idaho Statutes Idaho Statutes Page 1 of 1 TITLE 42 IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION CHAPTER 12 MAINTENANCE AND REPAIR OF DITCHES 42-1208. EASEMENTS OR RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. Easements or rights-of-way of irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts are not subject to adverse possession, and no person shall prevent free access of authorized personnel on easements or rights-of-way or construct any obstruction on easements or rights-of-way in an effort to adversely possess said easement or right-of-way. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. carch the Idaho �L1RtIc. Available Reference: Search In.structioii.s. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. § 9-350. 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