Minutes - 2001 - City Council - 02/27/2001 - RegularORIGINAL
EAGLE CITY COUNCIL
Minutes
February 27, 2001
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. City Attorney Report: Discussion of proposed speed reduction ordinance.
2. City Engineer Report: No report given.
3. City Clerk/Treasurer Report: No report given.
4. Zoning Administrator's Report: Vaughan reviews a meeting he had with Trisha Nelson with
Ada County regarding our proposed area of impact. Discussion on Ada County's requirements
regarding septic systems. Discussion. Council feels that the option of utilizing the Committee of
Nine should be explored and this item shall be added to the March 6, 2001 Council meeting.
Discussion regarding buffering.
5. Mayor and Council's Report: Merrill comments on conserving power. Perhaps turning every
other one off should be investigated. Council directs the City Clerk staff to investigate
alternatives for power conservation i.e. turning off every other light, using a lower wattage bulb,
perhaps finding out how much is actually being used on the historical lights. Merrill notes that
annexation legislation will be heard tomorrow and urges Council to either submit testimony in
writing or to go to the Statehouse to testify.
REGULAR COUNCIL AGENDA: 7:30 p,m.
1. CALL TO ORDER: 7:40 p.m.
2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. All present we have a
quorum.
3. PLEDGE OF ALLEGIANCE:
4. 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 Rules of
Order.
· Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. Minutes of February 13, 2001.
C. DR-70-00 - Phase I Common Area Landscaping within Eagle River Subdivision
- Eagle River LLC: Per City Council request, all design review applications are to
be appealed by the Zoning Administrator to the City Council for their review prior to
the action taken by the Design Review Board on an application being final. Eagle
River LLC, represented by Phil Hull with the Land Group, is requesting design
review approval for subdivision signage and for a portion of common area
landscaping within Eagle River Subdivision. This Phase I landscaping plan is
limited to the landscaping along the interior streets and within the common areas
along and adjacent to Eagle Road and State Highway 44. The site is located on the
southeast corner of Eagle Road and Highway 44. (WEV)
D. DR-72-00 - Multi-Tenant Office Building (Addition) - Old Town Iv LLC: Per
City Council request, all design review applications are to be appealed by the
Zoning Administrator to the City Council for their review prior to the action taken
by the Design Review Board on an application being final. Old Town I, LLC,
represented by Mark Butler, is requesting design review approval to construct a 646-
square foot addition to an existing 816-square foot office building, creating a multi-
tenant office building. The site is located on the east side of North 2nd Street
approximately 75-feet north of State Street at 50 North 2nd Street. (WEV)
E. DR-2-01 - Common Area Landscaping for Countryside Estates Subdivision -
Capital Development and Tom Ricks: Per City Council request, all design review
applications are to be appealed by the Zoning Administrator to the City Council for
their review prior to the action taken by the Design Review Board on an application
being final. Capital Development and Tom Ricks, represented by Dave Koga with
The Land Group, is requesting design review approval of the common area
landscaping of Countryside Estates Subdivision. The site is located on the northwest
comer of Highway 44 and Ballantyne Lane.
F. DR-4-01 - Common Area Landscaping for Red Leaf Manor Subdivision - Hill
View Development: Per City Council request, all design review applications are to
be appealed by the Zoning Administrator to the City Council for their review prior to
the action taken by the Design Review Board on an application being final. Hill
View Development Corporation, represented by Mark Butler with Land Consultants
Inc., is requesting design review approval of the common area landscaping of Red
Leaf Manor Subdivision. The site is located on the south side of Floating Feather
Road approximately ½ mile east of Eagle Road.
G. DR-5-01 - Common Area Landscaping for Red Leaf Heights Subdivision - Hill
View Development: Per City Council request, all design review applications are to
be appealed by the Zoning Administrator to the City Council for their review prior to
the action taken by the Design Review Board on an application being final. Hill
View Development Corporation, represented by Mark Butler with Land Consultants
Inc., is requesting design review approval of the common area landscaping of Red
Leaf Heights Subdivision. The site is located on the southeast comer of Floating
Feather Road and Eagle Road.
H. DR-9-01 - Building Wall Sign for Red Hot Shack Deli - Randy West: Per City
Council request, all design review applications are to be appealed by the Zoning
Administrator to the City Council for their review prior to the action taken by the
Design Review Board on an application being final. Randy West, represented by
Bryant Ideas, is requesting design review approval to construct a building wall sign
for Red Hot Shack Deli. The site is located on the south side of State Street within
Eagle Professional Plaza at 611 East State Street.
I. Findings and Conclusions for Red Leaf Manor Subdivision - Hillview
Department Corporation: Hillview Development Corporation, represented by
Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for
Red Leaf Manor Subdivision. The 4.29-acre, 14qot residential subdivision is located
on the south side of East Floating Feather Road approximately 220-feet west of
Eagle Hills Way.(WEV)
J. Findings and Conclusions for Red Leaf Heights Subdivision - Hillview
Department Corporation: Hillview Development Corporation, represented by
Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for
Red Leaf Heights Subdivision. The 49.84-acre, 144-1ot subdivision (125-
Residential, 18-Common, 1-Public/Semi-Public) is located on the southeast comer of
E. Floating Feather Road and N. Eagle Road. (WEV)
K. Findin~ and Conclusions for RZ-15-00 - Hillview Development Corporation:
Hillview Development Corporation, represented by Mark Butler with Land
Consultants Inc., is requesting a rezone from A (Agricultural) to R-3 & PS
(Residential up to three units per acre and Public/Semi-Public). The 49.84-acre site
is located on the southeast comer of E. Floating Feather Road and N. Eagle Road.
(WEV)
L. Resolution 01-04: Fair Housing Resolution.(SKM)
Merrill would like to remove items C and D from the Consent Agenda. Also notes that the
applicant has requested items F and G be removed for discussion.
Sedlacek moves to approve the consent agenda as amended. Seconded by Guerber. ALL
AYE...MOTION CARRIES
4C. DR-70-00 - Phase I Common Area Landscaping within Eagle River Subdivision -
Eagle River LLC: Per City Council request, all design review applications are to be appealed
by the Zoning Administrator to the City Council for their review prior to the action taken by the
Design Review Board on an application being final. Eagle River LLC, represented by Phil Hull
with the Land Group, is requesting design review approval for subdivision signage and for a
portion of common area landscaping within Eagle River Subdivision. This Phase I landscaping
plan is limited to the landscaping along the interior streets and within the common areas along
and adjacent to Eagle Road and State Highway 44. The site is located on the southeast comer of
Eagle Road and Highway 44. (WEV)
Merrill would like to table this item until pathway issues are resolved. Buxton requests the item
be tabled to a date certain.
Merrill moves to table this item to the March 20, 2001 meeting. Seconded by Sedlacek.
ALL AYE...MOTION CARRIES.
4D. DR-72-00 - Multi-Tenant Office Building (Addition) - Old Town Iv LLC: Per City
Council request, all design review applications are to be appealed by the Zoning Administrator
to the City Council for their review prior to the action taken by the Design Review Board on an
application being final. Old Town I, LLC, represented by Mark Butler, is requesting design
review approval to construct a 646-square foot addition to an existing 816-square foot office
building, creating a multi-tenant office building. The site is located on the east side of North 2nd
Street approximately 75-feet north of State Street at 50 North 2nd Street. (WEV)
Vaughan addresses staffs concerns with this item. Comments on the joint parking agreement
that was required by the Design Review Board. Would like the City Code section cited clarified.
Discussion regarding the Design Review Board's recommendations. Discussion
Merrill moves to approve DR-72-00 Multi-Tenant Office Building (Addition) with the
Design Review Board recommendations. Clarifying site specific condition #1 change city
code read 8-4-4-3. Also, refer item 98 to correlate in language similar to the explanation in
item #10. Seconded by Sedlacek. Mark Butler 222 E. State St. Eagle, Idaho answers
questions posed by Council. ALL AYE...MOTION CARRIES.
4F DR-4-01 - Common Area Landscaping for Red Leaf Manor Subdivision - Hill View
Development: Per City Council request, all design review applications are to be appealed by
the Zoning Administrator to the City Council for their review prior to the action taken by the
Design Review Board on an application being final. Hill View Development Corporation,
represented by Mark Butler with Land Consultants Inc., is requesting design review approval of
the common area landscaping of Red Leaf Manor Subdivision. The site is located on the south
side of Floating Feather Road approximately V2 mile east of Eagle Road.
Vaughan notes that the applicant submitted a letter today requesting this item be removed from
the consent agenda. Discussion regarding the buffer area and the conditions recommended by
the Design Review Board.
Sedlacek moves to approve DR-4-01 Common Area Landscaping for Red Leaf Manor
Subdivision with the standard and site specific conditions of approval with the following
modifications. Site specific condition g2 shall be changed to a 40' wide buffer instead of a
50' landscape buffer primarily to match what is already in place at Eagle Knoll. Seconded
by Bastian. ALL AYE...MOTION CARRIES.
G. DR-5-01 - Common Area Landscaping for Red Leaf Heights Subdivision - Hill View
Development: Per City Council request, all design review applications are to be appealed by
the Zoning Administrator to the City Council for their review prior to the action taken by the
Design Review Board on an application being final. Hill View Development Corporation,
represented by Mark Butler with Land Consultants Inc., is requesting design review approval of
the common area landscaping of Red Leaf Heights Subdivision. The site is located on the
southeast corner of Floating Feather Road and Eagle Road.
Vaughan reviews concerns with the buffer area. Discussion.
Bastian moves to approve DR-5-01 Common Area Landscaping for Red Leaf Heights
Subdivision with the standard and site specific condition of approval with the following
modifications. Item g2 read that the buffer shall be 40' except in the area that is large and
shown so on the plat. Seconded by Sedlacek. Discussion. ALL AYE...MOTION
CARRIES.
Mayor notes that items 7B and 7C will be heard at later dates so noted on the agenda.
Merrill amends the agenda to add item 8B letter regarding a conflict of interest waiver.
Guerber seconds. ALL AYE...MOTION CARRIES.
5. FINAL PLATS:
A. 00-03-S - Final Plat for Argus Place Subdivision - Lee Young: The applicant is requesting
final plat approval for Argus Place Subdivision, a 2-lot, 20.75-acre residential subdivision
located on the north side of Beacon Light Road, approximately 1,200-feet east of N. Meridian
Road. This subdivision is located in the Eagle Area of Impact. (WEV)
Mayor introduces the item.
The applicant is not present.
Vaughan briefly reviews the application.
Merrill moves to approve 00-03-S Final Plat for Argus Place Subdivision Seconded by
Guerber. ALL AYE...MOTION CARRIES.
B. FP-3-01- Final Plat for Great Sky Estates No. 6 - IFI Partners: The applicant is
requesting final plat approval for Great Sky Estates Subdivision No. 6, a 24-1ot (22-buildable)
residential subdivision. The 7.7-acre site is located on the northeast comer of State Street and S.
Great Sky Way. The site is within the Eagle City Limits.
Vaughan reviews the application.
John Evans, 5699 N. Rifle Way Garden City, Idaho representing IFI Partners addresses the Dry
Ditch easement.
Guerber moves to approve FP-3-01 Final Plat for Great Sky Estates No. 6. Seconded by
Merrill. ALL AYE...MOTION CARRIES.
6. UNFINISHED BUSINESS:
A. Ordinance 384: An ordinance amending Eagle City Code Title 8 "Zoning", Chapter 6
"Planned Unit Developments", Section 5 "Site and Structure Regulations and Requirements",
Subsection 4 "Increased Residential Density"; Providing a Severability Clause; And Providing an
Effective Date. (WEV)
Mayor introduces the item.
Mark Butler 222 E. State St. Eagle, Idaho. Addresses the percentage changes from 20% to 16%.
Discussion. Mr. Butler agrees that the concept plan provided would also work with a 15%
increase of density in the ordinance amendment.
Buxton inquires if this legislation is for one parcel or intended for citywide. Basically the
question is whether Council is legislating for one parcel of property or for the entire city.
Guerber states that someone interested in this type of development has approached him.
Discussion. Sedlacek requests that those who are in support of this ordinance consider requiring
that this type of ordinance be referenced to on the plat to better inform the public. Buxton feels
that this language could be added in section 4, after thereof insert a period and add the following
sentence. A note on the plat must also be included to indicate communities for older persons is
part of this planned unit development which could increase the density by 100% in addition to
what is allowed by the PUD. Sedlacek also suggests that on the plat where the housing for older
persons would be located, the approximate number of units be designated and reflected on the
plat. Bastian states that on page 1 of lat the second whereas, the following language should be
added to the end "as incentive for housing older persons" as an explanation for the increased
density. On page 2 of 2 modifications made to language in 8-6-54 B. Sentence should read:
"Also, the PUD shall be designed so the community for "older persons" portion of the
development does not abut residential parcels adjacent to the PUD and sufficient buffering shall
be provided as may be required by the City." Bastian feels that this strengthen the language.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be
read on three different days with one reading to be in full be dispensed with, and that Ordinance
#384 be considered after being read once by title only. Bastian reads Ordinance #384 by title
only. Seconded by Guerber. ALL AYE...MOTION CARRIES. ALL AYE: MOTION CARRIES
Bastian moves that Ordinance #384 be adopted with amendments the second whereas clause be
amended as proposed earlier, adding the language to provide an incentive for housing older
persons. The underlines and strike throughs that are shown are to be included in the final version
of ordinance 384. And on item 4 on page 3 of 3 after the word thereof.' a note on the plat must be
included to indicate a community for older persons as part of a planned unit development.
Seconded by Guerber. Discussion.
Bastian withdraws his motion.
Bastian moves to consider this the second reading of Ordinance 385. Seconded by Guerber.
ALL AYE...MOTION CARRIES.
Bastian moves to reconsider the motion waive the three reading rule for Ordinance 384.
Seconded by Guerber. ALL AYE...MOTION CARRIES.
B. Review and discussion of the Ada County Sheriff's Office request for the City to
purchase a law enforcement staff car: (RY)
Mayor introduces the item.
Sgt. Patrick Calley briefly reviews the letter submitted by Capt. Dan Douthit dated February 8,
2001 and discusses the need for this vehicle.
Mayor notes that this is not a public hearing, but has received a request from a concerned citizen
to speak. He also states that he will accept comment from anyone else in the audience who
wishes to speak.
Dr. Gilbert Simpson 577 E. State Street Eagle, Idaho is opposed to any increase in funding to the
Ada County Sheriffs Office. Actually feels that the amount of coverage should actually be
reduced. Ivlr. Simpson reads from a statement he has prepared regarding his contact with the
Sheriffs Office.
Douglas Foote 10381 Maime Road Boise, Idaho. Mr. Foote feels that the vehicle should be titled
with the City of Eagle.
Discussion between Sgt. Calley and City Council.
Bastian moves to appropriate $4,300.00 for the use of the County to add an additional car
to the fleet in Eagle and that car is to be used in Eagle for policing purposes. Seconded by
Merrill. Discussion. SEDLACEK: AYE. BASTIAN: AYE. MERRILL: AYE: GUERBER:
AYE. ALL AYE...MOTION CARRIES.
C. Review and action on the proposal to replace City Hall bathroom sinks and flooring:
(SKM)
Mayor introduces the item.
Merrill moves to approve the proposal by Quality Creations, Inc for the restroom flooring
and counter replacement in the amount of $3387.00. Seconded by Bastian. SEDLACEK,
AYE: BASTIAN, AYE: MERRILL, AYE: GUERBER, AYE. MOTION CARRIES.
D. Review and action on the request for payment No. 1 submitted by Marks Land
Surveying: (SKM)
Mayor introduces the item.
Osborn states that the City Clerk had concerns with Council's desire to commit to this
expenditure as, after researching the Council minutes, she could find no direction from Council
for this action thus she is requesting Council action tonight on this invoice.
Merrill states she remembers Council's discussion on the item and will try and research her files
as well. Discussion.
Sedlacek moves to continue this item to the March 13, 2001 meeting so that staff can
further research the original direction by Council to commit funds for this item. Seconded
by Merrill. ALL AYE...MOTION CARRIES.
E. Review and action on the notice of award for the construction of the fence along the
Eagle Island Bike path: (SKM)
Mayor introduces the item.
Osbom states that the City Clerk felt that Council should take official action on this expenditure
item. Bastian questions the fact that only one bid was received. Osbom and the City Engineer
confirm that 7 request for bids were sent out and the City only received one response.
Merrill moves to approve the award of bid to Anvil Fence. Seconded by Guerber.
SEDLACEK: AYE: GUERBER, AYE: BASTIAN, AYE: MERRILL: AYE. ALL
AYE...MOTION CARRIES.
F. Findin~ and Conclusions for Williamsburg Subdivision - Mart¥ Camberlango: Marty
Camberlango is requesting preliminary plat approval for Williamsburg Subdivision, a re-
subdivision of Benchmark Subdivision, (formerly Phase 11 Of Lexington Hills Subdivision and
Morning Meadows Manufactured Home project). The 9.83-acre, 6 l-lot subdivision is located
approximately lA mile north of Floating Feather Road, abutting Hwy 55 on the west and
Horseshoe Bend Road on the East.(WEV)
Mayor introduces the item.
Merrill moves to approve Findings and Conclusions for Williamsburg Subdivision with the
following additional site specific condition: #18 shall read: a.) The perimeter lots bounded
by east and west subdivision property boundary lines shall have a minimum 25' rear yard
setback, b.) The perimeter lots bounded by the south subdivision boundary line shall have
a minimum 20' rear yard setback, c.) All lots other than those referenced in a and b above
shall have a minimum rear yard setback of 15' as proposed by the applicant tonight.
Except for lot 60 block 1 which shall have a minimum rear yard setback of 10'. d.) The
front yard setback shall be a minimum of 18' measured from the back of the sidewalk to
the garage and a minimum of 10' measured from the back of the sidewalk to the living
area. e.) Side yard setbacks shall be a 5' minimum to provide for maintenance except that
townhouse units may be permitted to have common walls on interior property lines.
Seconded by Bastian. Discussion. ALL AYE....MOTION CARRIES.
Mayor calls a 5-minute recess.
7. PUBLIC HEARINGS:
A. PP-10-00 - Arbor Ridge Subdivision - Stacia Patterson: Stacia Patterson, represented by
Mark Butler with Land Consultants Inc., is requesting a preliminary plat approval for Arbor
Ridge Subdivision. The 52.3-acre, 149-1ot (143-buildable) residential subdivision is located west
of State Highway 55 generally north of Hill Road. (This item was continued from the February
13, 2001 meeting.) (WEV)
Mayor introduces the item and opens the public hearing.
Mayor swears in Mr. Butler.
Mark Butler 222 E. State St. Eagle, Idaho. Mr. Butler reviews the application. States his
objection to the requirements for stub streets, and comments on recent court cases regarding
issues similar to this.
Vaughan reviews the staff report.
Mayor swears in Mr. Pardew.
William Pardew, 2385 E. Floating Feather Rd. Eagle, Idaho. Mr. Pardew provides Council with
letter, which he reads into the record. This letter is attached to the minutes.
Mayor swears in Mrs. Pardew.
Helen Pardew, 2385 E. Floating Feather Rd. Eagle, Idaho. Mrs. Pardew provides Council with a
letter, which she reads into the record. This letter is attached to the minutes.
Mayor swears in Mr. Peck.
Bryant Peck 2825 E. Floating Feather Rd. Eagle, Idaho. Mr. Peck provides Council with a letter,
which is attached to the minutes. Mr. Peck reads the letter into the record. Is concerned with the
lack of stub streets.
Mayor swears in Mr. Glubay.
Dewain Glubay 500 Rene Eagle, Idaho. Is concerned with the type of buildings to be built
within the project. Also questions the landscaping between this project and adjoining property
owners. Concerned with irrigation water access, and the lack of stub outs on this application.
Concerned about sidewalks, streetlights, pathways and the liability for those pathways that mn
through private property.
Mayor swears in Ms. Deckers.
Angela Deckers 2249 Dickey Circle, representing Evan's Water Corporation and Homeowners
Association. Comments on Mr. Glubay's property. Ms. Deckers submits a letter for Council's
review. This letter is attached to the minutes. Requests the connection to Sadie Drive be
pedestrian and emergency vehicle access only. She also reviews additions to the site specific
conditions they would like, these am all stated in the submitted letter.
Veto Brewer, Holladay Engineering. States that since their initial review of this application,
additional information has been received from the applicant, thus he reviews concerns that
Engineer has. Expresses concern on interconnectivity and the issue of landlocked properties that
may occur once the development is fully built out. Discusses ACHD's traffic analysis and stub
out requirements. Discussion.
Mr. Butler rebuts public testimony. Comments on stub streets, topography plans, bike paths, and
other issues.
Discussion amongst the Council.
Merrill would like to continue PP-10-00 Arbor Ridge Subdivision to April 10, 2001 Council
meeting. The applicant is to return with the following information: Verify that the
surveyor of property did the correct survey with the adjacent property; the City Engineer
shall receive a copy of the reclamation plans guaranteeing health and safety issues are
addressed through the proper plans showing north, south, east, and west contours; the
applicant shall submit a plan that shows stub streets and interconnectivity per ACHD and
Eagle City Code; a time line shall be submitted for the reclamation of the site. Staff is
directed to review the ACHD traffic study and comment on any inaccuracies. Seconded by
Guerber. Discussion. Legal Council feels that the item should be re-noticed. The public
hearing is to remain open. ALL AYE...MOTION CARRIES.
Mayor calls a 5 minute recess.
B. RZ-14-00- Rezone from R-4 to MU-DA - IFI Partners II: IFI Partners 1I, represented by
John Evans, is requesting a rezone from R-4 (Residential) to MU-DA (Mixed Use with a
Development Agreement). The 2.816-acre site is located on the south side of Hill Road
approximately 575-feet west of Highway 55. (This item will be continued to the March 20, 2001
Council meeting.) (WEV)
This item is continued to the March 20, 2001 Council meeting.
C. CU-16-00 - The Family Transitional Home for Youth - The Family Table Inc.: The
Family Table Inc., represented by Christopher A. Heindel, is requesting conditional use approval
to provide a supervised group home to serve as a community-based transitional home for local
youth. The site is located approximately IA mile south of E. State Street and 3A mile west of the
intersection of E. State Street and Horseshoe Bend Road. (This item will be continued to the
March 13, 2001 Council meeting.) (WEV)
This item is continued to the March 13, 2001 Council meeting.
D. CU-18-00 - Eagle Towne & Country Shopping Center - Eagle Development Associates
LLC: Eagle Development Associates LLC, represented by Jeff Huber with White-Leasure
Development, is requesting conditional use approval and a height variance for Eagle Towne &
Country Centre. The 14-lot commercial subdivision is located on the north side of State Highway
44 between Highway 55 and Horseshoe Bend Road, at 3182 East State Street. (WEV)
E. PP-18-00 - Eagle Towne & Country Subdivision - Eagle Development Associates LLC:
Eagle Development Associates LLC, represented by Jeff Huber with White-Leasure
Development, is requesting preliminary plat approval for Eagle Towne & Country Centre. The
44.38-acre, 14-lot commercial subdivision is located on the north side of State Highway 44
between Highway 55 and Horseshoe Bend Road, at 3182 East State Street. (WEV)
Mayor declares a conflict of interest and steps down. Council President Merrill will preside over
items D &E.
Merrill introduces the items and opens the public hearing.
Merrill notes that the items 7D and E will be heard concurrently with separate actions being
taken on each.
Merrill swears in Mr. Huber.
Jeff Huber 416 S. 8th St. Boise, Idaho representing Eagle Development Associates, LLC. Mr.
Huber reviews the application. Mr. Huber requests modifications to certain site specific
conditions on both the conditional use and the preliminary plat applications. The architect for
this application comments on roofing material.
Vaughan presents the staff report.
Merrill swears in Mr. Foote.
Douglas Foote 10381 Mamie Rd. Boise, Idaho. Mr. Foote notes his home location in relation to
this site. Feels this development will be a benefit to the City of Eagle. Does not feel as restaurant
open 24 hours a day would be appropriate. Has concerns with traffic flow on Horseshoe Bend
Road, would like the berm height to be increased. Feels part of the site should have additional
fencing to protect children. Feels that deliveries should be restricted to certain hours.
Merrill swears in Ms. Foote.
Janice Foote 10381 Mamie Rd. Boise, Idaho. Feels the traffic signal should be installed prior to
any construction on this site. Concerned with the safety for children. Feels the speed limit is far
too high and should be reduced to 40 mph.
Merrill swears in Mr. Cashman
Richard Cashman 7940 Horseshoe Bend Road Boise, Idaho. Mr. Cashman notes his property
location in relation to his site. Mr. Cashman displays a video that helps illustrate his concerns
with light pollution from traffic from the site onto his property. Would like a 4' berm to be
installed across the front of his property with landscaping to help screen the light pollution.
Expresses concern with having a fuel station on site. Concerned with water quality, as he is on a
well, as the fuel tank will be installed underground. Feels the developer should be responsible if
his well is adversely affected by this development. The tape is part of the public record.
Merrill swears in Ms. Nubus.
Rebecca Nubus 7940 Horseshoe Bend Road Boise, Id. Ms. Nubus is concerned with the light
pollution from this development. Also concerned with the safety of children with the increase of
traffic from this site. Also concerned with the
Merrill swears in Mr. Cares.
Rick Cates 7950 Horseshoe Bend Rd. Boise, Idaho. Mr. Cates has investigated the easements on
the east side of Horseshoe Bend Rd and comments on site improvements in this area. Notes that
on holiday weekends, the can be an enormous amount of traffic. He is in favor of the project and
looks forward to this addition to Eagle.
Larry Leisure 416 S. 8th Street Boise, Idaho representing Eagle Development Associates. Mr.
Leisure rebuts testimony. Discusses the berm on Horseshoe Bend Road and site lighting. Mr.
Leisure states that they would be willing to meet with the Mr. Cushman and try to come to an
agreement for additional screening for his property. States the fuel island location is critical for
this development. Does not feel that restricted hours are necessary for this development. States
that they will meet all of the requirements for DEQ as far as water quality and drainage. Very
concerned with condition #19, requiring the signal light to be installed after a certain amount of
development has been completed and requests it be stricken.
Merrill closes the public hearing.
Discussion amongst Council. Guerber feels this development will ultimately be an asset for the
City and explains his reasoning. Bastian feels that items 19 and 21 should be stricken. Also
comments on an additional conditions he would like to see placed on the site. Sedlacek concurs
with Bastian regarding bernfing along old highway 55. Comments on additional proposed
conditions. Discussion.
Bastian moves to approve CU-18-00 Eagle Towne & Country Shopping Center with the
standard and site specific conditions of approval of Planning and Zoning omitting #19 and
/f21 in its entirety. Add site specific condition #27: Construct a berm to be no less than 5' in
height measured from the centerline of Old Highway 55 along the east side of the project.
Add site specific condition #28: Off-site condition, berm the east side of Highway 55 to
mitigate vehicle lights coming from the development, particularly the southern most entry
onto Old Highway 55. Site specific condition ~V29: Waive the standard condition regarding
pressurized irrigation, as long as the water fights are transferred to the City of Eagle in lieu
of the pressurized irrigation if it can be accomplished. Add site specific condition #30: City
reserves the right to review the conditional use permit and require application of the noise
ordinance to commercial traffic into the development. Seconded by Guerber. Discussion.
The applicant is encouraged to look at corner of Horseshoe Bend and Hwy 44 and consider
installing an entry statement for that location. Second agrees. ALL AYE...MOTION
CARRIES.
Guerber moves to approve PP-18-00 Eagle Towne & Country Subdivision with the standard
and site specific conditions of approval as recommended by Planning and Zoning
Commission and include the same stipulations that are in the conditional use approval.
Seconded by Bastian. ALL AYE....MOTION CARRIES.
8. NEW BUSINESS:
A. Adoption of the Residential Anti-Displacement and Relocation Assistance Plan: (SKM)
Merrill introduces the item.
Jim Birdsall makes himself available to answer any questions the Council may have.
Sedlacek moves to adopt the Residential Anti-Displacement and Relocation Assistance
Plan. Seconded by Bastian. ALL AYE...MOTION CARRIES.
B. Conflict of interest waiver
Merrill introduces the item.
Buxton comments on the need for this conflict of interest waiver.
Bastian Conflict waiver with Givens Pursely similar to those entered into Guerber. ALL
AYE...MOTION CARRIES.
9. EXECUTIVE SESSION:
A. Acquisition of private property: I.C. 67-2345 (C)
This item is not heard.
10. AD~JOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 1:00 pm.
Respectfully submitted:
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect:CU-18-00 Eaale Towne & Country Shopping Center -
Ea2Ie Development Associates
February 27, 2001
7:30 P.M.
NAME
PLEASE PRINT LE -ABLY
ADDRESS TELEPHONE PRO? CON?
- u 914 s 74 fc /D 3 er Afr,;e 85-3 -it g[
:7-61 4(c (O6c-7 /t/ev ode M ce-C / `1 v
�/
GSlir ri -)910 I�o • S e 440, `is;Rci • dR /
Page 1 of 2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect:PP-18-00 - Eagle Towne & Country Subdivision -
� le Development Associates
February 27, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of 2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect:PP-10-00 - Arbor Ridae Subdivision - Stacia Patterson
February 27, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS, TELEPHONE PRO? CON?
/11 X23 g`r �/
G I �3��
� �e*, T _%,y/�
4
F=c4,-
r;iLL Luttip
Aik LA , 16a5 .2Q4c gi39 q
Page 1 of 1
February 27, 2001
Eagle City Council
City of Eagle
Dear Sirs,
We are writing in conjunction with previous concerns that were stated at the planning and zoning public
meeting held on January 2, 2001 in regards to the proposal of the Eagle Towne and Country Centre.
On January 3rd the ACHD meet to address the traffic issues and the entrances for the proposed Eagle
Towne and Country Centre. The plans were pre approved with the stipulation that the developers (White -
Leasure) work with the neighbors (those living on Horseshoe Bend Rd.) to satisfy their concerns of being
put "more in harms way" than they are right now.
When speaking with ACHD we were told the application for the traffic Tight to be installed at the main
entrance off of State Street had been denied and approval was not in the foreseeable future. As stated by
Mr. Leasure at the January 2nd meeting this would put 10,000 vehicles a day on Horseshoe Bend Rd. in a
one block span directly across from the houses between Uthana Street and the Stinker Station. Since the
State Street entrances are "right in right out" only this means most of the traffic will either enter or exit
using Horseshoe Bend Rd. My property being between the first and second entrances I feel an increased
danger for my four children, animals and property.
After a lengthy discussion with neighbors, I believe we all concur:
1. The road should be widened to accommodate a center turn lane, taking the footage needed for this lane
from the Eagle Towne and Country Centre's side of the road.
2. The speed limit should be lowered to 35mph.
3. A four way stop installed at Uthana Street
4. To pave the entrances to all of the neighbors lots, for at lease 30 feet , for safer and easier access to the
road.
In regards to our concerns with the light, noise, fume pollution and general deterioration of our quality of
life this Centre will bring we would ask that the Developers in addition to the landscaping at the Centre :
• Build on the neighbors side of the road a four foot grass or lava rock covered berm's with 2-3 ft
shrubbery on top. To damper the noise, Tight and trash pollution generated from simi delivery trucks
and the increased traffic. The berm's will he maintained by neighbors
• Install wooden gates across all entrances to divert the lights from vehicles. This will also detour all
traffic from using entrances as a turn around and any through driveways as a throughway to the street
to the rear of the property.
• To eliminate the fuel station or at the least move to another location as the fuel station will also be 24
hrs. creating excess noise and fumes.
We ask that these stipulations be implemented before construction begins.
Thanks you for your consideration in this matter.
Respectfully yours
-c
oni Rae Cashman
7940 Horseshoe Bend Rd.
Boise, Idaho 83703
939-2817
ce„.1.12-7/6/
EVANS WATER CORPORATION AND HOMEOWNERS ASSOCIATION
February 27, 2001
PP -10-00: Arbor Ridge Subdivision — Eagle City Council Hearing
• The members of Evans Homeowners Association have followed this application through
ACHD and P&Z. The applicant met with homeowners of Evan's subdivision. Some of
our concerns have been met through the process thus far. Here are our remaining
requests.
• We request the connection to Sadie Drive be pedestrian and emergency vehicle access
only. We feel this is justified because traffic need only travel 'A mile on Hill Road to go
from Arbor Ridge to Evans Sub. We are concerned about cut -through traffic. We
understand that ACRD and City have a strong policy for neighborhood interconnectivity,
we feel our desire is justified and appropriate.
• If the City is to deny our request for making the Sadie connection pedestrian only, then
the City must address the safety aspect of hundreds of extra vehicle trips per day on sub-
standard Sadie Drive and Dickey Drive. These streets have no sidewalks and would
therefore be dangerous to children with respect to the extra traffic. Irregardless of what
adults consider to be quality of life issues, the safety of our children must be addressed
unequivocally. Given the undesired scenario of extra traffic on Sadie, please support the
following recommendations.
Add to the Site Snecific Conditions of Approval, Pages 12-13 of P&Z Findings of Fact.
20. Post a sign at base of Dickey Drive indicating all construction and contractor traffic must
use Arbor Ridge Way. CCR's to show that all construction and contractor traffic must
access site via Arbor Ridge Way. Prior to the completion of Arbor Ridge Way, the
developer must maintain a construction road to the site such that construction traffic need
not travel through adjacent established developments.
• This echoes ACHD's Site Specific Requirement #4, but it useful to clam
especially through proposed Phase 1 of this development.
21. The developer shall, at the developer's expense, complete an offsite improvement of
installing a 5' wide attached sidewalk along the South side of Sadie Drive for the entire
length of Sadie Drive. This sidewalk shall be installed within the existing 50' ACRD right-
of-way. The applicant shall provide a written statement of approval from ACHD for this
off-site improvement. A portion of this sidewalk could be built out onto, and thus
subtracting from, the current roadway, providing that the finished roadway is not reduced to
less than 33' as measured from back of curb to back of curb (but not including future
attached sidewalk).
• Note that in P&Z's motion on this application it was stated that, "The developer
should work with Evans Subdivision to provide sidewalks and pedestrian
pathways on Sadie Drive and Dickey Drive." We ask that you turn this
recommendation into a Condition of ApprovaL
• Note also that an L.I.D. is not sufficient in this case; 1) This is a hardship
imposed by this development, and 2) An L.I.D. may take too long to execute while
child safety is at risk
EVANS WATER CORPORATION AND HOMEOWNERS ASSOCIATION
22. In addition to the offside improvement of condition 21, the applicant shall stripe 5' of
roadway along the East side of Dickey Road as a pedestrian walkway, and install "No
Parking" signs along the East side of Dickey Road. This striped pathway shall extend from
the intersection of Dickey Drive and Sadie Drive to the where Dickey Drive is adjacent to
the future Eagle City park.
23. For the length of Dickey Drive adjacent to the future Eagle City park (from the top of the
hill to its intersection with Hill Road), the applicant shall install a 5' wide attached
sidewalk.
• Note that Evans Homeowners association recently installed the grass and trees on
the right side of Dickey Drive as an off-site improvement. This is not part our
subdivision. If Arbor Ridge is to use Dickey Drive, we are only asking that they
pitch in and do their share on a per -traffic basis.
24. Conditions 21, 22 and 23 must be completed prior to the City issuing a building permit for
any homes within Arbor Ridge Subdivision.
25. All Prime Earth gravel operations West of Highway 55 will be completed prior to issuing
building permits for any homes within Arbor Ridge Subdivision. This includes any gravel
operations permitted within Prime Earth's CUP, except for restoration and regrading.
• This will provide a sunset clause on the Western portion of Prime Earth's gravel
operation. Such a condition of approval is an absolute must for the homeowners
moving in to phase 1, as well as the neighboring community in general.
26. The full restoration of Prime Earth's gravel pit West of Highway 55 must be completed
within one year of the signing of final plate for Arbor Ridge Subdivision.
27. The berm along Highway 55 must be in place prior to issuing any building permits for any
homes within Arbor Ridge Subdivision. The landscaping of this berm and contiguous open
space must be completed prior to issuing any building permits for phase 2.
• Preferably this would be in place prior to any homes be built or occupied in phase 1
(as was done with the berm put in place for Two Rivers subdivision).
28. The applicant is instructed to work with I.T.D to continue the berming along the full length of
Arbor Ridge Way to it's connection with Hill Road.
• For the good of the general public, we need to be careful that we do not create a no -
man's land here that no-one is willing to develop with adequate buffering from
Highway 55.
Angela Deckers, President
Evans Water Corporation and Homeowners Association
• Page 2
ct;iJ°1
City of Eagle
Eagle City Council
Eagle, Idaho
RE: Arbor Ridge Subdivision, PP -10-00
F€k-of
Dear Honorable Mayor and Council,
In addition to the concerns of surrounding property owners, we have some issues
that we believe to be relevant.
As you can see by the involvement of numerous engineers and agencies, this
subdivision has all the potential to become a nightmare. There are issues regarding water
for irrigation, stub streets, bike paths, drainage, ground removal and fill on a major scale,
and traffic problems on three sides.
The point of it all is who is going to be responsible for this being completed
properly? We believe that the City needs to take a hard look at this proposed subdivision
and assess the submitters on the following points:
1. At both ACHD and Eagle P&Z hearings, Mark Butler stated that as gravel is
being removed from the Prime Earth location, fill would replace it. Please
take a close look at the photos submitted. Those of us that drive by frequently
cannot put our finger on the location of "fill" being brought back in. We
mention this only to show an example of "Say anything necessary to get an
approval"
2. Despite numerous conversations and directives, the plat remains without stub
streets, although both ACHD and Eagle have directed that they be installed.
In fact, its our understanding that Mark Butler has now sent an objection in
writing to ACHD restating his position regarding profits and the debatable
other access issues. If they are not prepared to draw the plat as required, then
the application should be resubmitted when they are prepared. We would like
to point out that all along Mark Butler has continually reiterated that a
favorable ruling on a court case regarding stub streets may invite them to
litigate against the governmental bodies that imposed them. His letter dated
2/23/01 to ACHD seems to be a prelude to that end.
3. Issues regarding legal boundaries still have not been addressed. Although
surveyors have begun staking corners, the Northwest corner of proposed
Arbor Ridge has not been staked for some unknown reason. The
Northernmost east corner has been staked and as we had stated earlier to Mark
Butler fell almost exactly where we believed it would. Not having all
boundaries properly marked circumvents our ability to fully analyze a
proposed project and object if need be.
The proposed developer has taken the attitude of "Cut cost at any expense".
I -4-,
17ZY:-'14; re".' (.7:117:•"44--
. . „
„
No stub streets, no irrigation, do only what they are forced to do by various agencies.
They did not even pursue a proper survey before submitting a preliminary plat and as of
this date has yet to be completed! What happens if they run into unforeseen problems?
Our number one concern is that after milking the gravy profits from doing the easy parts,
they simply quit and leave the rest for others to try to cleanup. Developers must be
trusted to do the right thing, even when not being watched. We do not see where this has
been exhibited thus far. What we have seen is unwillingness to spend a dime unless
someone forces them.
In short, it would appear that the City of Eagle has the potential to spend many
years sorting out problems inherent with this project. We believe a prudent approach
would be to reject this development until ALL questions and objections be addressed.
One thought, why not ask that the gravel pit be ready to subdivide prior to the submission
of a preliminary plat? This alone would relieve a large number of potential problems.
2/27/2001
.4-
••.•
• ... • .: . - .
;4k4iO4: ,
•
40.
tt
.44
.„c
'• Vet,' .1.
1
• ;
• • .
ot,..Ald-I
2385 East Floating Feather Road
P. O. Box 699
Eagle, Idaho 83616-0699
February 27, 2001
City of Eagle
Mayor and City Council Members
Eagle, Idaho 83616
Subject: Arbor Ridge Subdivision, PP -10-00
Dear Mayor and City Council Members:
Reference is made to a letter in the Arbor Ridge Subdivision file from Mark Butler, Land
Consultants Inc., to ACHD dated February 23, 2001. Paragraph three, first sentence states, "As
we have objected all along, the stub streets are not needed to provide access to landlocked parcels
since both parcels currently have access to public roads and are not landlocked." This is
incorrect. The Pardew parcel north of the proposed Arbor Ridge Subdivision and south of
Farmers Union Ditch is landlocked by the canal and has no access to stub streets. The access Mr.
Butler refers to is a 12 foot wide wooden bridge crossing the canal to a private lane having a 30'
right of way with a 15' graveled travel way to Floating Feather Road. The bridge and the gravel
road do not meet the requirements of public roadway standards for subdivision development.
The ACHD Arbor Ridge Subdivision report dated September 13, 2000, Facts and Findings,
section K, page 4, states "When the parcel to the north [of Arbor Ridge] redevelops it would be
costly to construct a bridge to ACHD standards, and expensive for ACHD to maintain. Staff
recommends that the applicant construct a stub street to the north property line
In the December 4, 2000, City of Eagle P & Z Findings of Fact and Conclusions of Law,
for Arbor Ridge Subdivision, Page 12, under "Site Specific Conditions of Approval", number 16
states, "The applicant shall provide one stub street to the north property line of this site and one
stub street to the west property line of this site. Specific stub streets locations shall be determined
by the City of Eagle, ACHD, and the applicant."
Very truly yours.
c3rieleiyt_ etit.A44J-
Helen S. Pardew
)?/': g,tiee4/—
William W. Pardew, P.E./I..S., Retired
ec2, 2-1/6/
2385 East Floating Feather Road
P. O. Box 699
Eagle, Idaho 83616-0699
February 27, 2001
City of Eagle
Mayor and City Council Members
Eagle, Idaho 83616
Subject: Arbor Ridge Subdivision, PP -10-00
Dear Mayor and City Council Members:
The July 13, 2000, revised preliminary plat, does NOT show stub streets to the
north and to the west undeveloped properties as required by Eagle City Code Title 9
"Land Subdivisions". Chapter 3, Design Standards 9-3-2-1: Location: Street and road
location shall conform to the following standards: C. Stub Streets: "Where adjoining
areas are not subdivided, the arrangement of streets in new subdivisions shall be such that
said streets extend to the boundary line of the tract to make provisions for the future
extension of said street into adjacent areas, and shall have a cul-de-sac or temporary
cul-de-sac. A reserve street may be required and held in public ownership."
In the December 4, 2000, City of Eagle P & Z Findings of Fact and Conclusions
of Law, for Arbor Ridge Subdivision, Page 12, under "Site Specific Conditions of
Approval", number 16 states, "The applicant shall provide one stub street to the north
Property line of this site and one stub street to the west property line of this site. Specific
stub streets locations shall be determined by the City of Eagle. ACRD, and the applicant.
In the "Site Specific Requirements" for ACHD approval of Arbor Ridge
Subdivision final plat, dated October 4, 2000, Ada County Highway District final staff
report requirement number 8 states "Construct and extend a stub street to the north
property line, at a location to be determined by District staff and the applicant "
Requirement number 9 states "Construct and extend one stub street to the west property
line, "
At the October 16, 2000, P & Z Arbor Ridge public hearing we testified regarding
the subdivision's north boundary of Lot 33 encroaching on our private lane. December 4,
2000, we delivered a letter to Eagle P & Z for their December 4, 2000, P & Z Public
Hearing requesting Arbor Ridge be removed from the consent agenda and placed on the
regular agenda so that we could testify regarding concerns that we felt were being
ignored. The three Eagle P & Z commissioners in attendance voted to approve the Arbor
Ridge Subdivision preliminary plat and sent it on to Eagle City Council. At the five
minute intermission Mr. Glubay and we spoke with Mrs. Bloom and Mr. Nordstrom who
apologized for their error but did not rescind their action.
W. Pardew, page 1 of 2
The Arbor Ridge Plat Layout/Entry Road Plan of October 31. 2000, shows a bike
path between Lots 33 and 34. This bike path was added after the October 16. 2000. P &
Z public hearing. No opportunity to comment on this was afforded the public. A better
plan would be to route the bike path east on Windrose Street and through Echohawk
Subdivision where the streets. sidewalks and concrete bridge over the Farmers Union
Ditch canal meet City of Eagle and ACHD standards.
We are concerned regarding the difference in elevation between the Pardew
property and Arbor Ridge Subdivision at the east half of our southern boundary. The
Arbor Ridge property is approximately six feet lower than the Pardew property. We need
to know what is planned for fill, berm and fencing in this arca.
So as not to obstruct the view to the south. we are requesting only single level
houses be built adjacent to our prdperty.
Very truly yours,
71/,.(L )1-
1
Cl/i Lx. L t u --
William W. Pardew, P.E./L. S.. Retired
Helen S. Pardew
W. Pardew, page 2 of 2
Feb -27-01 01:20P Arrow Land Surveying
208 939-7321 P_01
CLAP:11N
Land Consultants Inc.
222 E. State Street • Suite B • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.939.7321
Date: February 27, 2001
City of Eagle
Attention: Mayor Yzaguirre
310 E. State Street
Eagle, Idaho 83616
Re: City Council Agenda February 27, 2001
Dear Mayor Yzaguirre and City Council Members,
RECEIVED & FILED
CITY OF EAGLE
FEB 2 7 2001
FUR.
Route to. 0/1
We request Red Leaf Manor and Red Leaf Heights Design Review Item numbers DR -
4 -01(F) and DR -5-01(G) removed from the Consent Agenda for discussion purposes.
Thank You,
11/14LA
Mark L. Butler
Land Consultants, Inc.
Page 1 of 1
r
City of Eagle
Mayor and City Council Members
Eagle, Idaho 83616
Subject: Arbor Ridge Subdivision, PP -10-00
Dear Mayor and City Council Members:
2385 East Floating Feather Road
P. O. Box 699
Eagle, Idaho 83616-0699
February 27, 2001
RECEIVED & FILED
CITY OF EAGLE
F- % 6 2001
File -
Route to. r%%/%
The July 13, 2000, revised preliminary plat, does NOT show stub streets to the
north and to the west undeveloped properties as required by Eagle City Code Title 9
"Land Subdivisions". Chapter 3, Design Standards 9-3-2-1: Location: Street and road
location shall conform to the following standards: C. Stub Streets: "Where adjoining
areas are not subdivided, the arrangement of streets in new subdivisions shall be such that
said streets extend to the boundary line of the tract to make provisions for the future
extension of said street into adjacent areas, and shall have a cul-de-sac or temporary
cul-de-sac. A reserve street may be required and held in public ownership."
In the December 4, 2000, City of Eagle P & Z Findings of Fact and Conclusions
of Law, for Arbor Ridge Subdivision, Page 12, under "Site Specific Conditions of
Approval", number 16 states, "The applicant shall provide one stub street to the north
property line of this site and one stub street to the west property line of this site. Specific
stub streets locations shall be determined by the City of Eagle, ACHD, and the applicant.
In the "Site Specific Requirements" for ACHD approval of Arbor Ridge
Subdivision final plat, dated October 4, 2000, Ada County Highway District final staff
report requirement number 8 states "Construct and extend a stub street to the north
property line, at a location to be determined by District staff and the applicant "
Requirement number 9 states "Construct and extend one stub street to the west property
line,
At the October 16, 2000, P & Z Arbor Ridge public hearing we testified regarding
the subdivision's north boundary of Lot 33 encroaching on our private lane. December 4,
2000, we delivered a letter to Eagle P & Z for their December 4, 2000, P & Z Public
Hearing requesting Arbor Ridge be removed from the consent agenda and placed on the
regular agenda so that we could testify regarding concerns that we felt were being
ignored. The three Eagle P & Z commissioners in attendance voted to approve the Arbor
Ridge Subdivision preliminary plat and sent it on to Eagle City Council. At the five
minute intermission Mr. Glubay and we spoke with Mrs. Bloom and Mr. Nordstrom who
apologized for their error but did not rescind their action.
W. Pardew, page 1 of 2
The Arbor Ridge Plat Layout/Entry Road Plan of October 31, 2000, shows a bike
path between Lots 33 and 34. This bike path was added after the October 16, 2000, P & ,_�
Z public hearing. No opportunity to comment on this was afforded the public. A better
plan would be to route the bike path east on Windrose Street and through Echohawk
Subdivision where the streets, sidewalks and concrete bridge over the Farmers Union
Ditch canal meet City of Eagle and ACHD standards.
We are concerned regarding the difference in elevation between the Pardew
property and Arbor Ridge Subdivision at the east half of our southern boundary. The
Arbor Ridge property is approximately six feet lower than the Pardew property. We need
to know what is planned for fill, berm and fencing in this area.
So as not to obstruct the view to the south, we are requesting only single level
houses be built adjacent to our property.
Very truly yours,
ifr:414$17
2.a..rWatt,—
William W. Pardew, P.E./L. S., Retired
cohze,i9
Helen S. Pardew
W. Pardew, page 2 of 2
1011;6,1pi i/c()
REIITY OFGEAGLEFILED
FEB 2 6 2001
Fila•
Route to:
Eagle City Council
P.O. Box 1520
Eagle, ID 83616
Re: IFI Partners II
RZ-14-00
Dear Council Members:
We own property located on the north side of the 2.8 A. acre site which is the
subject of IFI Partners II application scheduled for hearing on Tuesday, February 27th at 7:30
p.m. Our home and business are located on this property. In 1988 my mother, Edna Patterson
Harvey, gave me one are of property_ The septic tank and drain field for my house is located on
this one acre parcel. The one acre parcel is located within the 2.8 acre parcel claimed by IFI
Partners II. I have attached a copy of my mother's Affidavit regarding the gift, which includes a
copy of the legal description and record of survey for my one acre parcel. Our septic tank and
drain field were installed in 19:have been used continuously since then.
As an owner of part of the 2.8 acre parcel, we object to the IFI application and
request that the City take no action which would adversely affect our property interest. At this
time, we have not been approached by IFI regarding resolution of this conflict. Please contact
me if you have any questions.
Susie Low
(formerly Susie Patterson Heath)
•
vii vL/ LVvt V1 . LO
VtiA LUOJ4Lh1IU MAK(:US REMICK
STATE OF IDAHO
County of Ada
follows:
lg01
RECORDED - REQUEST ter'
9 ao
FEE./ DEPUTY
101012291
r
ADA COUNTY RECORDER 2e_tii#L,a)C)AV: �9 NAVARRO
Ar r niAVIT G GIFT
2001 FE 12 P11 2: 4 I
:ss
Edna Patterson Harvey, being first duly sworn upon oath, deposes and states as
1. I am an adult, single woman.
2_ On January 15, 1988, I gave one acre of property to my daughter, Susie
Patterson Heath.
3. The acre, which I gave to Susie, adjoins the east boundary of the I., !.i
on which Susie's house is located. The north boundary of the acre is the Hill Road right-of-way.
4. The correct legal description of the acre of ground which I gave to Susie is
attached hereto as Exhibit "A" and by reference made a part hereof.
5. At the time of my gift to Susie, on January 15, 1988, I intended to convey
fee simple title to the one -acre parcel to Susie.
DATED This LD day ofe
200L.
RfOlt01.44,j)Ciddzy
Edna Patterson Hirvey
SUBSCRIBED AND SWORN TO before me on this 6 day of
\4aa11timir //
N spNNF
Q-� • IyOTARY •�
(SEAL) * • o. e • .....•w ' •
y •
V 47 PUBLI
//)illttittO
Affidavit Clarifying Gift - Page 1
(.
FJA
200/.
Notary Public or Ictal'
Residing at •�.: t s P
My Commission Expires:
,Idaho
MY COMMISSION EXPIRES
August 9, 2005
BONDED TUBI' NOTARY P1 U( t NDERWR1TERS
7
•
01/U2/2001 01:28 FAX 2083422170 MARCUS MERRICK lgo2
STATE OF IDAHO
County of Ada
)
. SS.
On this (v day of Becember,,2000' before me, the undersigned, a Notary
Public in and for said state, personally appeared Edna Patterson Harvey, known or identified to
me to be the person whose name is subscribed to the within instrument, and acknowledged to me
that she executed the sane.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
(SEAL)
Ottsuitilik
Q. IA MARY :s''
*:*=
y \PUBLCJJ
•
WeVi
Notary Public for Idaho
Residing at sA51 s 1 , Idaho
My Commission Expires:
MiCOMMISSION EXPIRES
August 9, 2005
FROMWI)'1II)U \MARV MMIC UNDERWRITERS
. skinner/4.nd
Survey Co. Ina
2512 South Georgia
Caldwell, ID 83605
(208) 454-0933
Fax (208) 454-9492
®
Description for
Susie Lowe
Job No. JA1301
Parcel 1
Greg L. Skinner, PLS
January 30, 2001
This parcel is a portion of the SW %4 SE 1/4 of Section 10, Township 4 North, Range.1 East of the
Boise Meridian and is more particularly described as follows:
COMMENCING at the southwest comer of said SW 1/4 SE 1/4, which lies North 89° 51' 18" East
a distance of 2651.08 feet of the southwest comer of said Section 10;
thence North 41° 44' 16" East a distance of 543.43 feet to the TRUE POINT OF
BEGINNING;
thence North 44° 26' 47" East a distance of 153.87 feet;
thence North 24° 02' 36" East a distance of 116.47 feet to a point on the southerly right-of-way
of Hill Road;
thence traversing said right-of-way as follows:
along a curve to the left having a central angle of 2° 54' 46", a radius of 558.47 feet, an arc
length of 28.39 feet, and a long chord which bears South 80° 51' 27" East a distance of 28.39
feet;
South 82° 18' 49" East a distance of 108.69 feet;
thence leaving said right-of-way and.bearing South 24° 02' 37" West a distance of 178.08 feet;
thence South 44° 26' 46" West a distance of 216.93 feet;
thence North 28° 55' 05" West a distance of 137.47 feet to the TRUE POINT OF
BEGINNING.
This parcel contains 1.00 acres, more or less, and is subject to all easements and rights-of-way of
record or implied.
9 i0
16 15
OW kat. No. 331129e
N 90'£
0.08 O
SW1/4
2651.08
S warm- W
RECORD OF SURVEY
A PORTION OF THE SWI/4SE1/4 OF SECTION 10
TOWNSHIP 4 NORTH, RANGE 1 EAST. BOISE MERIDIAN
ADA COUNTY, IDAHO
p11oxner
to
— —
SW1 /4SE1 /4
5 1/4 Cern
Seeala+ 10
tilts IML MO 3309771
0
4
CURVE TABLE
No RAOe/s E1rtRAL AINGIE 123004
t710RD
to _ 5sa47 (Ciii-ii? /KU i=a2349 lb
U.T.O. RAW uen. . U --South R/W HAT Road
S 8278.49.
R.O.S. No. 552 • - 1 S 6218.49. £
Inst. Na 6406987 h 1 6.4
� 5074g
h
4 1A `1 ,y
•
♦ �
Ip00,1 ♦,�,
♦y
--1524.95----
1
N 130'49'31" E
1/10 Corner
Section 10/t3
SCALE 1e 100'
BASIS OF BEARINM
R.O.S. by Skinner Land Surveying
Job No. JAOS88. doted Jan. 15, 1988
!_EGEN i
• BRASS CAP MONUMENT - FOUND
O 5/tT' REBAR - FOUND
• 5/8- x JO• REBAR - SET
p 1/2' REBAR - FOUND
• 1/2' x 24' REBAR - SET
✓ PK NAIL & BRASS WASHER
o CALCULATED POINT
- - PROPERTY BOUNDARY UNE
W.C. WITNESS CORNER
( ) DATA OF RECORD
CALA%AAr'ri..ATIOI(
L Fritz Brownell. do hereby certify that I am o Professlonol
Lend Surveyor. licensed by the Stole of Idaho. and that this map
has been prepared from an actual survey made on the ground under
My direct suporvtslon. that this map is an accurate rrprssentatbn
of sold survey, and that it b in conformity with the Comer
Perpetuation Act. Idaho Code 55-1601 through 55-1612.
DID= No. 411-10-2-3-0-00-00
SURVEY ILII
Drown 8y. J.C.J.
Dote: JAW. 30, 2001
Book:
Job No. JA1301
SUSIE LOWE
Skinner Land
Survey Co. Inc.
tats I. G.stg Ave.
ver7L ht.-