Minutes - 2001 - City Council - 11/13/2001 - RegularORIGINAL
EAGLE CITY COUNCIL
Minutes
November 13, 2001
NOTE: A portion of the Executive Session agenda item will be heard
during the Pre-Council time frame. Council action (if any) will take place during the
regular council agenda.
PRE-COUNCIL AGENDA 6:30 p.m. - 7:30 p.m.
1. Eagle Chamber of Commerce Economic Development Committee: A presentation will be
given on marketing and promotion of Eagle. (20 min.) Gary Blaylock, Economic Development
Committee, distributes handouts in regards to the jingle package, promotion goals, proposed
business condition assessment and a timeline. Discussion on the plans to promote Eagle and
discussion on the handouts.
Ron Bath discusses the proposed business study. Study will consist of three parts: Survey of
business, survey of citizens, interprets the results of the survey. General discussion. The goal is
to be done in April.
Tom Frazze, AdMagination, Star. Discusses the musical image (hook). Provides some audio
samples of the jingle. General discussion.
Gary Blaylock, the Chamber is going to be putting $5,000 into this project.
2. EXECUTIVE SESSION: A. Acquisition of private property. I.C. § 67-2345 (c)
B. Threatened or pending litigation_: I.C. §67-2345(f)
Bastian moves to go into Executive Session for the discussion of acquisition of private
property and Threatened or pending litigation. Seconded by Merrill. Basfian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .....................
Council discusses the acquisition of private property.
Council leaves Executive Session at 7:40 p.m.
3. Mayor and Council's Report: No report.
4. City Engineer Report: No Report
5. City Cler~Treasurer Report: No report
6. Zoning Administrator's Report: No report
7. City Attorney Report: No report
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:45 p.m.
2. ROLL CALL: BASTIAN, MERR1LL, SEDLACEK, GUERBER. All present. A
quorum is present.
PLEDGE OF ALLEGIANCE:
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 October 23, 2001.
C. Minutes of October 29, 2001.
D. DR-42-00 MOD - Building. Site~ and Landscape Modifications to Eagle
Floral Shop - Steve Conklin: Per City Council request, all design review
applications are to be appealed by the Zoning Administrator to the City Council
.flor their review prior to the action taken by the Design Review Board on an
application being final. Steve Conklin is requesting design review approval to
modify the building, site, and landscape improvements for the Eagle Floral Shop
as originally proposed. The site is located on the east side of Palmetto Avenue
approximately 250-feet north of State Street at 52 North Palmetto Avenue (Lot i,
Block 1 of Fuerte de la Aguila Subdivision). (WEV)
E. DR-51-O1- Remodel Residence into an Office - .jim and Marsha Band: 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. Jim and
Marsha Band are requesting design review approval to remodel an existing
residence into an office. The 0.42-acre site is located on the west side of Eagle
Road approximately 600-feet south of State Street at 209 South Eagle Road.
(WEV)
F. DR-52-01 - Monument Sign for .J Bar K Custom Homes - .Jim and Marsha
Band: 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.
Jim and Marsh Band are requesting design review approval to construct a
monument sign for J Bar K Custom Homes. The site is located on the west side
of Eagle Road approximately 600-feet south of State Street at 209 South Eagle
Road. (WEV)
G. DR-57-01 - Landscaping and Amenities within Reid Merrill Sr. Community
Park - City of Eagle: 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. The City of Eagle, represented by Don Belts with Jensen-Belts
Associates, is requesting design review approval of the landscaping and park
amenities, which include restroom and picnic facilities, pathways, playground
equipment, basketball and volleyball courts within the Reid Merrill Sr.
Community Park. The 8.7-acre site is located south and east of a portion of the
Eagle River development and north of the north channel of the Boise River.
(WEV)
H. DR-58-01 - Two Building Wall Signs and Three Directional Signs for the
Kev Bank Facility - Key Bank: Per City Council request, all design review
applications are to be appealed by the Zoning Administrator to the City Council
Jbr their review prior to the action taken by the Design Review Board on an
application being final. Key Bank, represented by Jeff Carico with Image
National Signs, is requesting design review approval to construct two building
wall signs and three directional signs for the Key Bank facility. The site is
located on the north side of Chinden Boulevard approximately 50-feet east of
Eagle Road within Eagle Marketplace at 3410 East Chinden Boulevard. (WEV)
I. DR-59-01 - Two Building Wall Signs for Copy Express - David Brady: 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. David Brady is
requesting design review approval to construct two building wall signs for Copy
Express. The site is located on the north side of State Street approximately 500-
feet east of Stierman Way at 650 East State Street within the Realty World multi-
tenant building. (WEV)
J. DR-60-01 - Two Entry Signs to Countryside Estates Subdivision -
Countryside Estates: 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. Countryside Estates LLC, represented by David Koga with The Land
Group, is requesting design review approval to construct two monument signs
for the entry to Countryside Estates Subdivision. The site is located on the
northwest comer of State Highway 44 and Ballantyne Lane. (WEV)
K. DR-61-01 - Four Monument Signs for Spring Creek III - Spring Creek
Associates 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. Spring Creek Associates LLC, represented by David Koga with The Land
Group, is requesting design review approval to construct four monument signs
for the entries into Spring Creek Subdivision. The site is located on the
northwest comer of Eagle Road and Ranch Drive at 653 North Eagle Road.
(WEV)
L. DR-62-01 - Monument Sign for Carlene Estates Subdivision - Wedgewood
LC: 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.
Wedgewood LC, represented by Conger Management Group, is requesting
design review approval to construct a monument sign for the entry into Carlene
Estates Subdivision (formally Wedgewood Subdivision). The site is located on
the west side of Locust Grove Road approximately ~¼ mile north of Chinden
Boulevard. (WEV)
M. DR-63-01 - Two Building Wall Signs for Holland Realty - Holland Realty:
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. Holland Realty,
represented by Sue Cook, is requesting design review approval to construct two
building wall signs for Holland Realty. The site is located on the south side of
Cedar Ridge Drive within the Eagle Forum Subdivision at 408 South Eagle
Road. (WEV)
N. Findings of Fact and Conclusions of Law for A-5-01 & RZ-08-01 -
Annexation and Rezone from RUT to RE - Northwest Development LLC:
Northwest Development, LLC., represented by Matt Munger with Hubble
Engineering, is requesting a rezone upon annexation from RUT (Rural Urban
Transitional - Ada County Designation) to R-E (Residential Estates - one
dwelling unit per two acres). The 38.64-acre site is located on the west side
North Meridian Road approximately ~A mile north of Floating Feather Road.
(WEV)
Findings of Fact and Conclusions of Law for PP-7-O1 - Preliminary Plat for
Addies Corner Subdivision - Northwest Development LLC: Northwest
Development, LLC, represented by Matt Munger with Hubble Engineering, is
requesting preliminary plat approval for Addie's Comer Subdivision. The 4.31-
acre, 19-lot (16-buildable, 3-common) residential subdivision is generally
located on the southwest comer of Floating Feather Road and Horseshoe Bend
Road at 3065 Floating Feather Road. (WEV)
Findings of Fact and Conclusions of Law for RZ-14-00 MOD - Development
Agreement Modification - IFI Partners II: IFI Partners II, represented by
John Evans, is requesting a change to the conditions within the development
agreement previously approved by the City for rezone application RZ-14-00
(rezone from R-4 (Residential) to MU-DA (Mixed Use with a Development
Agreement)). The 2.97-acre site is located on the south side of Hill Road
approximately 575-feet west of Highway 55.(WEV)
Q. Findings of Fact and Conclusions of Law for PP-9-01 - Great Sky
Subdivision No. 7 - IFI Partners II: IFI Partners 1I, represented by John G.
Evans is requesting preliminary plat approval for Great Sky Estates No. 7
Subdivision. The 2.98-acre, 1 l-lot (5-residential, 4-commercial, 2-common lot)
subdivision is generally located on the southwest comer of Hill Road and State
Highway 55 approximately 575-feet west of State Highway 55. (WEV)
R. Findings of Fact and Conclusions of Law for A-4-01 & RZ-7-01 -
Annexation and Rezone From RUT to R-4 - Northwest Development LLC:
Northwest Development LLC, represented by Matt Munger with Hubble
Engineering Inc., is requesting a rezone upon annexation from RUT (Rural
Urban Transitional) to R-4 (Residential - up to 4 dwelling units per acre). The
4.31-acre site is generally located on the southwest corner of Floating Feather
Road and Horseshoe Bend Road. (WEV)
S. Findings of Fact and Conclusions of Law for PP-10-01 - Henry's
Subdivision - Northwest Development LLC: Northwest Development, LLC.,
represented by Matt Munger with Hubble Engineering, is requesting preliminary
plat approval for Henry's Subdivision. The 38.64-acre, 20-lot (19-buildable)
residential subdivision is located on the west side of North Meridian Road
approximately V2-mile north of Floating Feather Road. (WEV)
Sedlacek removes Items #G and P from the Consent Agenda.
Merrill moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL
AYE: MOTION CARRIES .....................
4G. DR-57-01 - Landscaping and Amenities within Reid Merrill Sr. Community Park -
City of Eagle: 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. The City of Eagle, represented by Don Belts
with Jensen-Belts Associates, is requesting design review approval of the landscaping and park
amenities, which include restroom and picnic facilities, pathways, playground equipment,
basketball and volleyball courts within the Reid Merrill Sr. Community Park. The 8.7-acre site is
located south and east of a portion of the Eagle River development and north of the north channel
of the Boise River. (WEV)
Sedlacek: I need some clarification on the trees. General discussion.
Sedlacek moves to approve DR-57-01 Landscaping and Amenities within Reid Merrill Sr.
Community Park. Seconded by Bastian. ALL AYE: MOTION CARRIES ................
4P. Findings of Fact and Conclusions of Law for RZ-14-00 MOD - Development
Agreement Modification - IFI Partners II: 1171 Partners II, represented by John Evans, is
requesting a change to the conditions within the development agreement previously approved by
the City for rezone application RZ-14-00 (rezone from R4 (Residential) to MU-DA (Mixed Use
with a Development Agreement)). The 2.97-acre site is located on the south side of Hill Road
approximately 575-feet west of Highway 55.(WEV)
Sedlacek: The Minutes of October 23, 2001 reflect in the motion that the side yard setbacks
should be 7.5 feet instead of 5 feet. I'm wondering where this is reflected in the Findings.
General discussion.
Sedlacek moves to approve Findings of Fact and Conclusions of Law for RZ-14-00 MOD-
Development Agreement Modification. Seconded by Bastian, ALL AYE: MOTION
CARRIES ...............
Merrill moves to add two items to the Agenda: 1. Before Final Plats add discussion on a
hardship case and as Item #6Al Acquisition of property. Seconded by Bastian. ALL AYE:
MOTION CARRIES ....................
Merrill: We have a request from Kristina Carrier in regards to a hardship case that the Council
needs to consider.
Kristina K. Carrier, 205 East Beacon Light Road, began to read a written letter by her into the
record but broke down and was unable to continue (see exhibits).
City Attorney: Pursuant to Eagle City Code section 8-3-2-E, the City can issue a conditional use
for a mobile home or trailer in order to accommodate Ms. Carrier's request and since this is an
emergent situation, that just came to the City tonight, the City can issue the same and come back
at a later date to address procedural issues if necessary.
Merrill moves to grant Ms. Carrier a two (2) year conditional use permit for a temporary
mobile home or trailer until she rebuilds her home and can come back for an extension of
time if necessary. Seconded by Guerber. Discussion. ALL AYE: MOTION
CARRIES ................... (the audience applauded the Council action)
5. FINAL PLATS:
A. FP-19-01 - Final Plat for Clear Creek Crossing Subdivision - Doug ~Ja¥o: The applicant
is requesting final plat approval for Clear Creek Subdivision, a 91-lot (72-buildable) residential
subdivision. The 54.8-acre site is located approximately 1/8-mile west of the intersection of
North Eagle Road and Floating Feather Road. The site is within the Eagle City Limits.(WEV)
Mayor introduces the issue.
Kerby Kirkham, Pinnacel Engineers, displays an overhead of the final plan and provides Council
with an overview of the project. General discussion.
Zoning Administrator Vaughan: Displays an overhead of the final plat and provides Council an
overview. Staffrecommends approval of the final plat. General discussion.
Kerby Kirkham, Pinnacle Engineers, displays a site map and discusses the ponds. General
discussion.
Bastian moves to approve FP-19-01 Final Plat for Clear Creek Crossing Subdivision
with the following modifications: Staff recommendation Item gr/to read: the applicant
shall provide the City a surety for 100% of cost for all street trees, sod and irrigation plus
installation, prior to the City Clerk signing the Final Plat; Item ~9 to be stricken in its
entirety. Seconded by Merrill. Discussion. Bastian amends the Motion to add: #3 revised
plat shall be reviewed and approved by the Staff, one member of the Design Review Board
and one member of the Pathway Committee prior to the City Clerk signing the Final Plat
and add Item #18: The City will received an Agreement from Dry Creek Ditch Co. and the
developer approving the design of the flume prior to the City Clerk signing the Final Plat.
Second concurs. THREE AYES: ONE NAY: MOTION CARRIES ........................
Merrill moves to amend the Agenda by moving the Unfinished Business Items 6A, 6C and
6D to after New Business. Seconded by Guerber. Discussion. ALL AYE: MOTION
CARRIES ............
6. UNFINISHED BUSINESS:
A. Review and approval of the joint effort agreement between ACHD and the City of
nd
Eagle for the improvements to 2 Street between Plaza Drive and State Street. Dale
Kuperus with ACHD will be available to answer questions. This item was continued from the
October 3, 2001 meeting.
Moved to after New Business.
B. ZOA-4-01 (draft Ordinance No. 404) - Zoning Ordinance Amendment - City of Eagle:
An Ordinance Amending Eagle City Code Section 8-2-4 (H) To Exempt Lots With Street Side
Frontage Located Within Zoning Districts A, A-R, R-E And R-1 From The Required Ten-Percent
Minimum Increase In Lot Area As Referenced In Note "H"; And Providing An Effective Date.
This item was continued from the October 23, 2001 meeting. (WEV)
Mayor introduces the issue.
General discussion.
Merrill 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 #404 be considered after being read once by title only. Merrill reads Ordinance
#404 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance #404 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .............
C. Discussion of Old Town Eagle Archway sign for Eagle Road. This item was continued
from the October 9, 2001 meeting.
Moved to after New Business.
D. Findings of Fact and Conclusions of Law for PP/FP-10-01 - Mixed Use Subdivision
No.2- Eagle River LLC: Eagle River, LLC, represented by Bill Clark with Clark Development,
is requesting combined preliminary plat and final plat approval for Mixed Use Subdivision No. 2
(formally know as Eagle River Subdivision). The 46.4-acre, 10-lot (9 commercial, 1 residential)
subdivision is located on the southeast comer of Eagle Road and State Highway 44. This item
was heard at the November 7, 2001 special meeting. (WEV)
Moved to after New Business.
7. PUBLIC HEARINGS:
A. Intent to Apply for Idaho Community Development Block Grant (ICDBG) - ,}im
Birdsall~ Mercy Housing: The City of Eagle intends to submit a proposal to the Idaho
Department of Commerce for an ICDBG for up to $500,000. Funds will be used to develop
affordable elderly housing in the Eagle core area.
Mayor introduces the issue and opens the Public Hearing.
Mayor swears in Jim Birdsall.
Jim Birdsall, Mercy Housing, provides the Council with an overview of the application for an
Idaho Community Development Block Grant and the project. General discussion.
Mayor swears in Chris Scott.
Chris Scott, 1624 Kidwood Place, I'm wondering the time frame to have this project built and
where the access would be. General discussion.
Mayor closes the Public Hearing.
B. A-2-01 & RZ-5-01 - Annexation and Rezone From RUT to R-E - Pacific Ridge: Pacific
Ridge, represented by David Bailey with Hubble Engineering Inc., is requesting a rezone upon
annexation from RUT (Rural Urban Transitional) to R-E (Residential Estates - 1 dwelling unit
per two acres). The 39.92~acre site is generally located on the west side of Ballantyne Road,
approximately IA mile south of Beacon Light Road. (WEV)
C. PP-5-01 - Autumcrest Subdivision - Pacific Ridge: Pacific Ridge, represented by David
Bailey with Hubble Engineering Inc., is requesting preliminary plat approval for Autumncrest
Subdivision. The 39.92-acre, 20-lot (19-buildable) residential subdivision is generally located on
the west side of Ballantyne Road, approximately IA mile south of Beacon Light Road. (WEV)
Mayor introduces the issue and opens the Public Hearing. Items 7B and C will be heard together
but all motions will be made on each issue.
Mayor swears in Jan Suggs.
Jan Suggs, Hubble Engineering, representing the applicant, provides a Power Point presentation
and provides Council an overview of the application.
Zoning Administrator Vaughan: Displays a site plan and discusses the project and the Planning
and Zoning Commissions' recommendations. General discussion.
David Bailey, Hubble Engineering, discusses the full engineering report that is submitted to the
Health Department. This property is signed off from the Health Department for the 19 lots.
General discussion.
Jan Suggs, discusses the landscape buffer, the sidewalk and the irrigation water. (tape 2 side 2)
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to approve A-2-01 and RZ-5-01 Annexation and Rezone from RUT to R-E -
Pacific Ridge. Seconded by Merrill. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES .....................
Basfian moves to approve PP-5-01 Autumcrest Subdivision - Pacific Ridge with the
following modifications of the Site Specific Conditions of Approval: Strike Site Specific
Condition of Approval #6; modify Site Specific Condition of Approval #13: required 35'
buffer area along Ballantyne Road (with a 6' wide gravel shoulder with the grass planted to
the edge of that shoulder) ............ ; Item #15 be changed, line 2: located within an easement
to be maintained by the Homeowners Association. Seconded by Merrill. Discussion.
Bastian amends the motion to add: The Drainage swale be not more than a 4 to 1 slope to
accommodate riding mowers and be planted with seed or grass. Provide a license
agreement from ACHD approving the landscaping located in the public right-of-way
abutting the eastern boundary of this site (Ballantyue Lane) prior to the City Clerk signing
the final plat. Second concurs. THREE AYES: ONE NAY: MOTION CARRIES .................
Mayor calls a recess at 9:55 p.m.
Mayor reconvenes at 10:00 p.m.
D. Zoning Ordinance Amendment - ZOA-6-01 - Land Consultants Inc.: The applicant is
proposing to amend Eagle City Code Title 8, Chapter 2, Section 3, to allow
Nursing/Convalescent Homes (including senior assisted living facilities) to be permitted uses, or
permitted with a conditional use permit, in additional zoning districts; to add a new land use
definition entitled "Emergency Services" to be a permitted use or permitted with a conditional
use permit; to amend Section 4 to add Note J to allow Child Care Facilities, Churches,
Nursing/Convalescent Homes (including senior assisted living facilities), and Schools (Public or
Private) to increase the maximum lot coverage from 10% to 25% in any A, A-R, and R-E zoning
districts; to amend Chapter 3, Section 2, to add the requirement that all multi-family and
commercial developments shall have centralized sewer and water, and that Nursing/Convalescent
Homes (including senior assisted living facilities) in zoning districts A, A-R, and R-E and R shall
be located on an arterial or collector roadway; and to amend Chapter 4, Section 5 to add parking
requirements for Emergency Services. (WEV)
Mayor introduces the issue and opens the Public Hearing.
Zoning Administrator Vaughan: This is an applicant proposed amendment. General discussion.
Mayor swears in Mark Butler.
Mark Butler, 52 N. 2nd Street, discusses the reasons for requesting the proposed amendment.
Discussion on the ordinance language. General discussion.
Zoning Administrator Vaughan: Discusses the proposed changes to the ordinance. Staff is
supporting the changes as proposed by the Planning and Zoning Commission. General
discussion.
Mayor swears in Rusty Huwa.
Rusty Huwa, 223 N. Eagle Rd, churches seem to do quite well in rural areas. It is very spendy if
we have to connect to sewer. We would just like to have enough lot coverage that we can put
Page 8 of 14
K:~COUNCI L~vl INUTES\Ten~ rary Minutes Work Ama/CC-11-13-01mhl doc
our project up.
Mayor swears in Royce Schumate.
Royce Schumate, pastor West Valley Baptist Church, our congregation has looked for over a
year for a parcel of land to put our building. There has been a lot of new commercial coming
into Eagle but not one new church. A lot of people prefer a country church. We want to be an
asset to the community. I'm in favor of the change.
Mayor closes the Public Hearing.
General Council discussion.
Mark Butler, discussion on the 25%/35% lot coverage. General discussion.
Zoning Administrator Vaughan: discussion on the lot coverage, water and sewer issues. General
discussion.
Guerber moves to amend Ordinance No. 405 as follows: Page 2 of 3, Section J: Increase the
maximum lot coverage from 10% to 30%; Drop Section F; Drop Section G., and adopt as
otherwise presented. Seconded by Sedlacek. Discussion. ALL AYE: MOTION
CARRIES .................
Basfian moves to accept the reading of Ordinance No. 405 by title only and continue the
subsequent readings to the November 27, 2001, meeting. Bastian reads Ordinance No 405
by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES .................
E. A-3-01 & RZ-6-01 - Annexation and Rezone From RUT to R-E - ,Joe Glaisver/Capitol
Securities: Joe Glaisyer/Capitol Securities, represented by David Bailey with Hubble
Engineering Inc., is requesting a rezone upon annexation from RUT (Rural Urban Transitional)
to R-E (Residential Estates - 1 dwelling unit per two acres). The 61.94-acre site is generally
located on the northwest corner of Floating Feather Road and North Meridian Road. (WEV)
F. PP-6-01 - Cavallo Estates Subdivision - ,Joe Glaisyer/Capitol Securities: Joe
Glaisyer/Capitol Securities, represented by David Bailey with Hubble Engineering Inc., is
requesting preliminary plat approvaI for Cavallo Estates Subdivision. The 61.94-acre, 33-1ot (30-
buildable) residential subdivision is generally located on the northwest comer of Floating Feather
Road and North Meridian Road. (WEV)
Mayor introduces the issue and opens the Public Hearing. Items 7E and F will be heard together
but all motions will be made on each issue.
Mayor swears in David Bailey.
David Bailey, Hubble Engineering, representing the applicant, provides a Power Point
presentation and provides the Council with an overview of the project. General discussion.
Zoning Administrator Vaughan: Displays an overhead of the preliminary plat and discusses the
application. General discussion. Discussion on the requirements of ACHD.
David Bailey discusses the entrances. General discussion.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to approve A-3-01 & RZ-6-01 Annexation and Rezone From RUT to R-E
known as Cavallo Estates Subdivision. Seconded by Merrill. Discussion. THREE AYES:
ONE NAY: MOTION CARRIES .................
Merrill moves to approve PP-6-01 Cavallo Estates Subdivision with the Site Specific
Conditions of Approval from Planning and Zoning and an addition of two other conditions:
1. A lateral user agreement addressing the location of water for each user shall be placed
with the plat, this would be #24 in lieu of #24; 2. Item #19 to read: provide a revised
preliminary plat which reconfigures the intersection at Vienna Way and Meridian Road to
the south property line between the Jeffrey/Gilbertson and the Jeffrey/Schroeder
properties to mitigate the effects of light shining upon the Schroeder residence on the east
side of Meridian Road; that the borrow pits shall be a no greater slope than 4 to I to allow
for riding lawn mowers and the area is to be grass to the edge of gravel shoulder; Item #17
add another condition: that landscaping will extend to the edge of a 6' gravel shoulder
adjacent to the roadway and that there be a license agreement with ACHD to landscape the
right-of-way. Seconded by Guerber. ALL AYE: MOTION CARRIES ...........
8. NEW BUSINESS:
A. Council approval of Idaho Community Development Block Grant submittal - ,lim
Birdsall.
Mayor introduces the issue.
General discussion.
Guerber moves to approve the submission of the Idaho Community Development Block
Grant submitted by Mr. Birdsall and that we authorize the Mayor to sign the document.
Seconded by Merrill. ALL AYE: MOTION CARRIES ......................
B. Selection of grant administrator for ICDBG. - ,Jim Birdsall.
Mayor introduces the issue.
Jim Birdsall: We need to postpone this to another Council meeting. The City needs to have its
own grant administrator.
Sedlacek moves that the selection of a grant administrator be postponed to the November
27, 2001, City Council meeting. Seconded by Merrill. ALL AYE: MOTION
CARRIES ................
Bastian: Discussion on the pathway along the Chevron pipeline. General discussion.
C. Notice of award approval for Eagle Island Pedestrian Path improvements and
authorizing Mayor to sign documents: The project includes clearing and grubbing, tree
removal, compaction of existing path, and placing and compaction of pit-run and SA minus
aggregate. The project consists of 2822 linear feet. (SKM &SEB)
Mayor introduces the issue.
City Attorney Buxton: We had three proposals but there is some confusion on the bid documents
as to a bid bond. The Council needs to reject all proposals and the proposals need to go out
again.
Merrill moves to reject all proposals and that a request for proposals go out, and the
proposals to be brought back at the November 27, 2001, City Council meeting to be
reviewed. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .....................
D. Authorization of the notice to proceed (for the Eagle Island Pedestrian Path
improvements proiect). Approval is contingent on city attorney approval and bond and
insurance authorization. Authorizing the Mayor to sign documents once all conditions are
satisfactorily met. (SKM & SEB)
Mayor introduces the issue.
Merrill moves to continue this item to the November 27, 2001, City Council meeting.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..........................
E. Authorization of Mayor to sign Eagle Island Pedestrian Pathway improvement
contract: (SKM & SEB)
Mayor introduces the issue.
Merrill moves to continue this matter to the November 27, 2001, City Council meeting.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ...................
Merrill moves to amend the agenda to hear Item #6A at this time. Seconded by Sedlacek.
ALL AYE: MOTION CARRIES ...................
6A. Review and approval of the ,ioint effort agreement between ACHD and the City of
Eagle for the improvements to 2na Street between Plaza Drive and State Street. Dale
Kuperus with ACHD will be available to answer questions. This item was continued from the
October 3, 200l meeting.
Mayor introduces the issue.
Dale Kuperus, Design Engineer, ACHD, provides an overview of the project for the Council.
Discussion on reducing the number of street lights in the project. This project should be
completed by Eagle Fun Days. General discussion.
Council would like to eliminate two of the four street lights.
Guerber moves to accept the Joint Effort Agreement between ACHD and the City of Eagle
for the improvements on 2na Street. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ...................
F. 01-17-S/01-16-PR/01-74-AC - Preliminary Plat for Vie.lo Estates Subdivision - Ada
County: Tim Fease, represented by Shawn Nickel with Land Consultants Inc., is requesting
preliminary plat approval for Viejo Estates Subdivision, a 24.33-acre, 7-lot (4-buildable, 2-
common, 1-private road) residential subdivision and wholesale nursery (existing) located on the
south side of Old Valley Road approximately 650-feet east of Linder Road at 4557 Old Valley
Road. This site is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Mark Butler, representing the applicant, displays a site plan and provides Council an overview of
the Preliminary Plat. General discussion.
Zoning Administrator Vaughan: Displays vicinity map and discusses the application. General
discussion.
Mark Butler: We are not in agreement with most of the site specific conditions. Discusses each
of the site specific conditions. General discussion.
Kathy Ellensohn, discusses the number of greenhouses in the project. They are really shade
houses and we grow perennials and shrubs. General discussion.
Guerber moves to approve the submission of the recommendations of the Planning and
Zoning Commission to Ada County for the Preliminary Plat for Viejo Estates Subdivision,
01-17-S/01-01-16-PR/01-74-AC. Seconded by Merrill. Discussion. ALL AYE: MOTION
CARRIES .............
G. Resolution 01-13: A Resolution Of The Eagle City Council To Vacate The Utility, Drainage
And Irrigation Easements Along The Side Lot Lines Of Lot 3 And 4, Block 3 (Merrill
Subdivision No. 1) And Lots 6, 8, 9, 11, 14, 15, Block 3, And Lots 1 Through 6, Block 4,
(Merrill Subdivision No. 2) To Satisfy Multiple Lot Line Adjustments And To Vacate The 25-
Foot Wide Access Easement Located On The Common Side Lot Line Of Lots 2 And 3, Block 4
And Common Lot Lines Of Lots 2 And 4, Block 4 Of Merrill Subdivision No. 2 As Shown On
The Attachments Hereto; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Sedlacek moves to approve Resolution 01-13. Seconded by Bastian. ALL AYE: MOTION
CARRIES ..................
H. AA-4-01 - Appeal of Zoning Administrator's decision to not allow the issuance of
building permits for two story homes within Eagle Crest Subdivision (formerly
Williamsburg Subdivision) - Gary Asin represented by Mark Butler with Land
Consultants Inc. (WEV)
Mayor introduces the issue.
Mark Butler: I don't want to scare anybody into doing something that you feel uncomfortable
with. (Council responds: Don't worry you won't) I have listen to all of the tapes of all of the
meetings. Butler discusses the issue of two story homes and the setbacks. I have advised Gary to
get legal counsel involved although he did not want to because he didn't want Council to think
that he was threatening them in anyway. There is a misunderstanding that needs to be worked
out. I contacted Mr. Bradbury, I thought he would be the best because he dealt with this
sometime ago and he wrote a letter to Susan Buxton and has had a couple of conversations with
her. Discussion on one story/two story homes.
City Attorney Buxton: Steve Bradbury told me that you would not have two story dwellings next
to each other, so there would not be two together any where in the Subdivision.
Butler: That is a misstatement.
City Attorney Buxton: He told me this on two different occasion on two different telephone
conversations. I'm sorry Mark but I did not get this wrong. I am shocked to see the three units
built side by side. The number three was never in any conversations.
Butler: No it wasn't. He told me it was two. Butlers continue with his presentation.
General Council discussion.
City Attorney Buxton: Mayor and Council just so I can clarify, my handwritten notes: I received
the letter from Mr. Bradbury about 10 to 5:00 on November 12th and at 5:00 o'clock I talked to
him and my notes say: Asin is willing to compromise with #1. reduce two story dwellings so that
no greater than two in a row; #2. all setbacks as in motion and findings as plain language as
shown. That was at 5:00 o'clock and I talked to him again. Asin wants the setbacks as in the
Findings and the Motion. I will place my written notes in the record. In talking to Bradbury this
morning he felt that Mr. Asin would be agreeable to no two next to each other, but every other
one. We talked about the canyon effect. He felt like he could do some two stories in there and
not have a canyon effect between two houses that he would be agreeable to that. That was our
conversation today. In talking to Mr. Bradbury tonight, he felt that if there was a lot of
controversy with this he would like to have it continued.
General Council discussion.
Bastian moves that in the Appeal of the Zoning Administrator's decision on Eagle Crest
Subdivision that we have a 5' setback which was the original motion, and if there are 2
story houses built the 2nd story be 7 1/2' setback from the property line on both sides of the
house. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ................
I. Discussion on Streamside Subdivision pathway: (LS & NM)
Mayor introduces the issue.
Merrill moves to continue to the November 27, 2001, meeting. Seconded by Bastian. ALL
AYE: MOTION CARRIES ........................
Zoning Administrator Vaughan: Mr. Bailey has been waiting, i told him I would ask you for
clarification on the Cavallo Estates Subdivison the issue regarding the common lot versus the
easement was not addressed as it was in Autumcrest. Because of the Autumcrest decision it was
my intent to change that in Cavallo to read as an easement rather than a common lot to be
consistent with the Autumcrest development.
Bastian moves that in the Cavallo Estates Subdivision that the requirement for common
lots in the buffer areas, open space be easements and that the Homeowner's Association be
responsible for the maintenance of those easement areas. Seconded by Merrill. ALL AYE:
MOTION CARRIES .................
6A. Review and approval of the joint effort agreement between ACHD and the City of
Eagle for the improvements to 2na Street between Plaza Drive and State Street. Dale
Kuperus with ACHD will be available to answer questions. This item was continued from the
October 3, 2001 meeting.
Moved to be heard before Item #8F.
6Al. Acquisition of private property.
Mayor introduces the issue.
General Council discussion.
Merrill moves to direct Bill Dietz to enter into a Buy Sell Agreement with Oppenheimer
Development for a future city hall at the location between the Library and the Post Office
and that Bill also negotiate for the purchase of additional property for a performing
arts/community center at the same price of what the City is willing to pay for this square
footage and with regard to any tax issues the Oppenheimer Development are to provide
their own tax attorney in regards to the purchase price and the sell agreement. Seconded
by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .........................
Discussion on how to proceed with the lease purchase agreement.
6C. Discussion of Old Town Eagle Archway sign for Eagle Road. This item was continued
from the October 9, 2001 meeting.
Mayor introduces the issue·
Guerber moves to continue this item to the November 27, 2001, City Council meeting.
Seconded by Merrill. ALL AYE: MOTION CARRIES ........................
6D. Findings of Fact and Conclusions of Law for PP/FP-10-01 - Mixed Use Subdivision
No.2- Eagle River LLC: Eagle River, LLC, represented by Bill Clark with Clark Development,
is requesting combined preliminary plat and final plat approval for Mixed Use Subdivision No. 2
(formally know as Eagle River Subdivision). The 46.4-acre, 10-lot (9 commercial, I residential)
subdivision is located on the southeast comer of Eagle Road and State Highway 44. This item
was heard at the November 7, 2001 special meeting. (WEV)
9. EXECUTIVE SESSION:
A. Acquisition of private property. I.C. § 67-2345 (c)
B. Threatened or pending liti~,ation: I.C. §67-2345(0
Executive Session was held during the Pre-CounciL No action was taken.
City Clerk: There ts ajmnt meeting scheduled for December 4 w th ACHD Commissioners. I
need to know if you need to have this meeting.
General discussion. Council concurs that a joint meeting is not necessary.
Discussion on the ABC Sign issue.
Vaughan: There has been some discussion on moving the meetings in December to the 4th and
the llth of December. Council concurs.
Mayor discusses having a short meeting on the 3rd Tuesdays of the month to deal with items that
don't require public input to begin in January. General discussion.
10. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 1:10 a.m.
Respectfully submitted·
·
CITY CLER~T~AS~R
APPROVED:
MAYOR
Eagle Chamber of Commerce
Promotion Goals
Short Term Goals Long Term Goals
1-6 months 6 months +
Monthly Events Business Study 7,000
Utilize Website Better 1,200 Brochures 2,800
Eagle Advertising: Marketing
Print - One Year 1,200
Radio - 3 months 7,000
Radio - Co-op 3,300
Musical Image (Hook) 2,500
How to Market Your Business
Grand Total 25,000
•
Cc //-/3-e)/
IMAGE / JINGLE PACKAGE
EAGLE... THE CITY WITH MORE, RIGHT OUTSIDE YOUR DOOR!
PURPOSE:
• POSITIVE, UPBEAT, FRIENDLY MESSAGE PROMOTING HOW MUCH EAGLE
HAS IN IT'S OWN TOWN TO LOCAL RESIDENTS
• PROMOTION OF EAGLE TO SURROUNDING AREAS FOR SHOPPING, LIVING
AND SPECIAL EVENTS
TARGET:
• PRIMARY: 30-50 MALE AND FEMALE, ESTABLISHED FAMILY
• SECONDARY: 21-29 START-UP FAMILY
STYLE:
• NORTHWEST ACOUSTIC POP, UPBEAT TEMPO, YOUNG POSITIVE FEMALE
VOCAL
IMAGE:
Eagle is the kinda town
You wanna go to
For every reason under the sun...
Fun for everyone .. .
Anything you wanna do
You know where you're goin' to
So close you're almost there
When you are in
Eagle...
The city with more
Right outside your door
Promote Eagle
Timeline
Thursday, November 15 - Formation of committee of 6-8
(including a designate of the City) to choose company for
the musical image (jingle)
November, 2001 - Update Chamber Website
November 30 - Finalize musical jingle
December 17 - Finalize general radio campaign
December, 2001 - Begin Statesman two page ads
- Begin Business Survey
January -March 2002 - run general radio campaign
January, 2002 - How to market your business
-Monthly Event
April - June 2002 - co-op radio campaign
April, 2002 - Business Survey complete
May, 2002 - Brochures
Eagle
Chamber of Commerce
-1,4.
October 8, 2001
Dear Eagle Chamber Member:
,ra.&FJLED
=AGLE
NOV 1 3 2001
Fde:
Route to:_,
Over the past two months, the Economic Development Committee has been working on a
program to promote Eagle. We have come up with the attached goals with a total budget
of $25,000.00. The Eagle Chamber of Commerce Board has agreed to pay for the
maintenance of the Website at $100/month, print advertisement in the Statesman as part
of an Eagle two-page business ad running at least once a month at $100/month, and a
payment of $5,000 toward the goals.
The ('ity of Eagle has $20,000 in its budget for promoting Eagle and we will be
presenting our program to the City Council at 6:30 P.M. on Tuesday, November 13`x'. We
will be asking the City to use the $20,000 as part of our program for promoting Eagle.
Most of the program will be used to promote Eagle to the residents of Eagle and to the
general public as a place to shop, play, worship, live, visit etc. As part of the program we
will he creating a musical image (jingle) for Eagle that will be used in the general
advertising of Eagle and will be available to all businesses to use as part of their
advertising. This program will only promote Eagle for a short period, Eagle businesses
will have to continue the program as a group or individually to keep the momentum
going. The regular EDC meeting will be held on Thursday, November 15, 7:00 A.M.
at the Eagle Sewer Office and we will be discussing the implementation of this
promotion.
We encourage all businesses to attend the November 13`" meeting with the City Council
and support this program promoting Eagle. Please call nye at 939-8215 if you have any
questions or comments.
Gary 131a}flock
Chairman EDC
1 208.939-4222 1 PO Box 1300 • Eagle, ID 83616 1 67 E. State St • Eagle, ID 83616 www.eaglechamber.com
Eagle Chamber of Commerce
Promotion Goals
Short Term Goals Long Term Goals
1-6 months 6 months +
Monthly Events Business Study 7,000
Utilize Website Better 1,200 Brochures 2,800
Eagle Advertising: Marketing
Print - One Year 1,200
Radio - 3 months 7,000
Radio - Co-op 3,300
Musical Image (Hook) 2,500
How to Market Your Business
Grand Total 25,000
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: ZOA-6-01 — Land Consultants Inc.
November 13, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: PP -5-01 — Autumcrest Subdivision - Pacific Ridge
November 13, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
1. Purpose:
City of Eagle Proposed Business Condition Assessment
The study will provide the Eagle City Council and the Chamber of Commerce,
Economic Development Committee with data concerning the downtown core,
extended downtown commercial development, and peripheral commercial uses that
currently exist as well as recommendations for future growth.
2. Professional Services Providers:
The study will be conducted by Ron Bath of Coldwell Banker Commercial Real
Estate, Craig Driver of Colliers Commercial, and Bob Runyan of RFR Commercial
Real Estate, as well as input from qualified individuals. The three principals
involved are commercial real estate professionals each having over ten years of
experience in retail, office and related commercial business practices. The panel
will be able to determine by interpretation of data and consensus of opinion the
information desired by the City and the Chamber.
3. Scope of Work:
A. Survey I: A survey will be conducted of all existing businesses in the City to
determine the extent and health of existing businesses, direction for growth
of existing and new businesses, and the shopping patterns of their
customers.
B. Survey II: A non-scientific survey will be conducted from as many of the
citizens of the City as will respond via newspaper, local businesses and
internet to determine shopping preferences, social and economic profile,
and potential new commercial growth services needed in the area.
C. Maps: The study will include maps of existing commercial zones and
potential growth areas, to assist in determining direction for obtaining the
highest commercial potential for the City.
D. Recommendations:
• Is downtown Eagle a viable concept?
• If not what can make it viable or should a new direction be
taken?
• Residential requirements for an employment base.
• What are the potential growth businesses and where should
they go?
• Entertainment opportunities public and private.
• "Big Box" development vs. Small business entrepreneurs.
It is estimated that the study will take approximately six months to complete. The price for
conducting the study is $6,000 plus fees and expenses resulting from out source providers such as
web page data ( public survey on the existing City web page), media ads, and research data. It is
estimated that out source providers will not exceed $1,000.
Ron Bath
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: A-2-01 & RZ-5-01 — Annexation and Rezone from RUT to R -E —
Pacific Ridge
November 13, 2001
7:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect:PP-6-01— Cavallo Estates Subdivision - Joe Glaisver/Capitol Securities
November 13, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect:A-3-01 & RZ-6-01 - Annexation and Rezone from RUT to R -E -
Joe Glaisver/Capitol Securities
November 13, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE I PRO? CON?
Page 1 of
Docut2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: Intent to Apply for Idaho Community Development Block Grant —
Mercy Housing
November 13, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
�J1 viA ahS-0U, Scrwi GOaU &is -e 33? —c-1.513 X
Page 1 of
Document2
From: Lisa Szentes To: Eagle City Council
Date: 11/13/01 lime: 4:58:00 PM Page 2 of 2
CC .'f/- T.# .40/RECEIVED & FILED
CITY OF EAGLE
Lisa C. Szentes File:
2593 W. Brockton Ct., Eagle, ID 83616 208 -939 -4406 -phone 208-939-6413r
November 13, 2001
Eagle City Council
Eagle City Hall
Eagle, ID 83616
fax: 939-6827
Dear Council Chair Merrill,
I am aware that you will be reviewing a rezone request by Autumncrest Subdivision A 2-01/RZ-
5-01/PP-5-01-Pacific Ridge for a rezone change from RUT to RE at this evening's meeting. I was
hoping to attend the meeting tonight tospeak but am unable to attend .due to illness. In lieu of my
presence, I wanted to reiterate my concerns and those of my neighbors with regard to this rezone
request.
There is great opposition to the change of density to 1.8 acre lots on this parcel. It is surrounded
on three sides by 5 acre lots many of which have livestock. You will note in your packet the
petitions signed by nearly 100 neighbors who oppose this density change. Everyone is well aware
that the land owner has the right to sell and develop his property. That is not the issue but rather
the choice in the lot size.
In a recent staff report it was stated that, "In recent decisions, the City Council has upheld the
requests of citizens to not increase densities and to maintain the established land use patterns that
the citizens have come to expect as vital to their enjoyment of their property."
We hope that the Eagle City Council would consider this to be one of those cases.
Sincerely,
Lisa Szentes
2593 W. Brockton Ct.
Eagle, ID 83616
939-4406
igh
11.1--c�'
November 13, 2001
TO THE EAGLE CITY COUNCIL MEMBERS:
My name is Kristina Carrier. I have been a resident of Eagle for almost 21 -years. My home is
located at 205 East Beacon Light Road. I am a widowed and unemployed college student.
In 1992, my husband and I hired a contractor to remodel our home with handicapped amenities.
The result was a contractor fraud and bankruptcy, with an estimated loss to us of over $400,000.
My husband died from cancer in 1996. I have struggled to retain ownership of my home and
property where I am safe and can live independently.
oder
In 1999, I had an outdoor faucet break, which ran)nto the crawl space without my knowledge for
an undetermined period of time. Over the past couple of years, my health has deteriorated rapidly
without cause. On July 8, 2001, I discovered a mold problem in my home, which led to a four-
month, unsuccessful mold remediation process. I have been living in a hotel since July 16, 2001.
It has been suggested that because of my mold -related illness and hypersensitivity from long-term
exposure to mold, I can never live inside my home again. In addition, I am also allergic to all of
my possessions. Therefore, I am, quite frankly, homeless with no possessions. Mold remediation
specialists believe that my home should be replaced. I am awaiting the decision from Farm
Bureau Insurance as to whether or not they intend to honor my policy or to leave me homeless.
As of this Friday, November 16, 2001, I will no longer be provided with paid lodging in a hotel.
Regardless of the outcome, I expect to be homeless for an extended period. I am respectfully
requesting that emergency permission be granted to me by the Eagle City Council to move some
type of temporary living structure onto my property. I own approximately 1.67 acres. I have a
six-foot security fence surrounding my property. All of my neighbors have various structures,
kennels, corrals, vehicles, boats, campers, old cars, miscellaneous debris, and equipment that can
be viewed from Beacon Light Road. I am hopeful that no one will object to my temporary
housing permit or feeling as though I have compromised the visual aesthetics and integrity of our
rural property.
Thank you for considering my request.
agle, u p : : - : 07
SS 519Foo6c9-
AMERICAN MANAGEMENT ASSOCIATES, LLC
2707 Main Street
Philomath, Oregon 97370
800-840-9288
Fax 5410929-2559
E- mail: american@deasco.net
Ms. Kristina Cagier
Residence Inn
Boise, Id
Dear Ms. Carrier,
I have reviewed the documents that you sent to me and can make these
recommendations. The October "Clearance Testings" appear to be bulk, tape and dust
samplings only and did not address the microbial air quality of the home, that. is Air -O -Cell
and AndersenN-6 air sampling for bioaerosols. It would be useful ifhdusirial Hygene
would take those samples so that they might be cowi,gi.;,d to the prior two filing
sessions to determine ifthe fungal amity has indeed decreased.
From a lengthy conversation with Mr. Doug Ness regarding what he found in your
home on Wednesday, November 7, I would advise you that the home has failed
remediation and does not meet standards referred to by Industrial Hygene. In essence
ACGIH guidelines say that if you smell mold and see mold there is a problem. Clearly, as
Mr. Ness stated to me, there is water dripping from the floor joist because of the moisture
in the crawl space, there is a gagging smell of fungal contamination and there is visible
mold under the carpet and on the walls.
1 would advise that you contact your insurance company, remediation as
well as the testing company to evaluate what has been rete fitly been observed. I would
further advise that as you have described yourself as immune ,,. , , mi.)ed and sensitized '
to molds, moving back into that environment could be very dangerous to your health and
well being.
You should seek the opinion of a health professional familiar with toxigenic fungi
as to whether you should have any contact with that environment including personal
effects threin.
Sincerely,
C"::::2AANA
Charles McConnell, M.S., CTS, CES
American Management Associates LLC
IIMI •. •
iiia■ al
■ ■ ■ IIIII 'it
580107
1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 4 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1
1 4 1 1 1 1 1 1 4 1 it 41 4 1 1 1 1 4 1 4 1 1
1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1
4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 4 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 4
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 4 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1
1 1 1 1 1 1 1 1 1 4 1 1 1 1 4 1 4 1 4 4 1 4 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1
11
b
1
41
11101111111111•11101111111
n'
91I in 0 �
1111 1111 1111... 11
ij U V Fl it V
Biu 11
11
1
1 1
11
1 �
1 1 1 1 1 1
1 1 1 1 1
1 1 1 1 1
1 1 I
1 1 1
1 1
11
..aro
N11111
ELEVATION "E' MODEL °B'
A1N HOME
\� 4 ORD.QSLE__ WITH STYLE 500 WEST IDAHO, SUITE 240 5015E, ID 83102 208.343.6699
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1( 1 1 1 1 1 1 1
11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 f
1 1 1 1 1 1 1 1 1 1 / �\ 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
111 1 1 1 r 1111.11, 1 1 1 1
1 1 1 1 1 Iint♦w■Ip�n�•I0•t1••I1!•t• 1 1 1 f
oinik
AM 111.111. WEIIIIMIIIMIStfl•IllfWa
�i•wa•w■•. ,waasa•taaaat•aiataaewa••i• art 10,....
..11111111111111111141111151. -.u•au.Itausatanarar•t.i.u�rr.n.,
. 41w:•1�■ 1 •• 1�•It. 's•1.1•tm•I.•It••t!••1 O•It••ti•Iw UI .I►\
11ti' ■•wa•w■•� jw� aa.. a' zedmik s�Yi im w ~si
...1181111111111111�■• II.. •ala
1 1 1 1 1
•Itr•rw•aw•Is•IR111I., 1
1 1 1 1
111
1I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I
f 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 t
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
11 1 1 1 1 1
1 1 1 1 11
1 1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1 1
11 1 1 11
1 1 1 1 4 1 1 1
I l 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
11 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1
11 1 1 1 1 1 4 1 1 1 1 1 1
I I I I I t 1 1 1 1 1 1 1
11
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 1
1 1 1 1 I_ i I_ I 1 1 1 1 1 1 1
1 1 1 1_ I 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 i 1 I 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1} 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
11 1 I 1 1 1 1 1 1 1 1 I I I I
1 1 1. 1 1 1. 1 1 1 1. 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1
IB
iv ip 110 0
lU !! V III '111 0
�! U 4 li 11D Et
1I II 1111 1111 II
A5IN HOMES
4. ORDASLE . W Tia STYLE 500 .:EST IDAHO, SUITE 2.0 3OISE, ID 83102 208343.6699
FRONT ELEVATION MODEL i1411
w
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1, k 1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1 1 . f 1 1 1 1 11
1 1 1 1 1 1 1 1 1 1 1 1 1 r t
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
111111 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1
A$IN ROMPS
01RDABLE_ WITH STYLE
El 11 [1 11
11 11 [1
41 1111 111 1111
11
FR0h1T ELEVATION MODEL "F°
500 WEST ID, -=‘,H0, SUITE 240 5015E, ID 53102 208.343.66e9
I
1 1111
i 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
I t 1 1 1 1 1 1 1
1 1 1 1F1 1�1 1 1�1 U U U U U U U U U U U U U U U U U U U U U
00
li Uli iIB 11D 4
U Ij 0 1 11 1111 II
U it I H OD 0
U UI Ali OD
FRONT ELEVATION MODEL "Cs°
AIN WONE
A ORDABLE_ WITH STYLE 500 WEST IDAHO, SUITE 240 BOISE, ID 83102 2083431o4799
1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1
1 1 1 1 1 1 1 1 1 1 1 1 1 ri
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
El I
11
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1
111111
1 1 1 1
1 1 1 1
11
1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1. 1 1 1 1 1 1 1 1 1
■ ■ A 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1
. 1 1 1 1 1
1 1 1 1 1 1
�1t'1 1 1
ia; ■►.
1.1..11 1.1i.�..
.li■1s■11' -- ■la■1IM...
_.a..a..aa•ii■■...a.►.
Wan 1 W l�tlr.►.
.1iOM.1 •I / HILIr.r21 U No._..u.......,<' 1i/ i PI ....... li f i nam,,'�:1...
11•1111•1111111111111111•11•11
I
n d d n u d d u d u d u d u d u d d u u
V VV 110 VV II
b
li 1111 V
U VV 01' Ali it
Ali ill ilU RI
FCNT ELEVATION MODEL "H' 1 5TOY
4&IN 1-IOMES
AFFORDABLE.._ WITH STYLE 500 WEST IDAHO, SUITE 240 BOISE, ID 83102 208.343.6699
Asionommuumwmassmome
Atm
antrum
./Ik1JI SIIMIIII
../IaIrlalnlaIaIn
AmmainurUirrwu
Alamomum
111Ir111r1II sk
llr111r1SIr11Ir1I1rl11 ► 1
7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
!I 11
asiu II4OMEG
I! 11
1 }f
i i
1 1
1 1 1
1 1
1 1
°.1 1 ( I t if') f1'
1 1 1 1 1 1 1 1 1 1 1
1 I 1 t I I 1 t I 1 1 1 1 _1
1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 I 1 1 1 1 1 1 1 1
-� fr , sI -1 11. f. 1, 11 - -
FRONT ELEVATION MOEL"
.4F-OIRDA5L!.._ WITH STYLE 500 WEST 1D4NO, SUITE 240 BOISE, fD 53102
2083:3. Se
1
1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 I 1 1 I I 1 1 I I 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 I
1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 I 1 1 I I 1 I I 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 11 1
1 1 1 1 1 1 1
1 1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1
1 1 1 1
1 1 1
1 1 1
--rri 11111
I I I I 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
11 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1. 1 I. 1 1 1. 1. 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1. 1 1 1 1 1 1 1. 1. 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1_ I_ I 1 1. 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
tf
it
- ! u
I0i1 %im llgII11M:1s%III111 ' %12 11.1 181111
l% 1116
Irl.1R1.IIluIr1IIrguIr1.111.I■■tlr/.IIlllrl.lruIlrl.lalulr
■11.1111.1g11M111.111111111/111111�u111111111.g111111/r11111n1/101111111
111 tll lt1 111 :I1 :11�I •1I �1«.:1 117JIry `
i • 1
o [1 III Biu �
ij i1 0 a OD 0
H 11 11D Biu u
1111 1 V Ili II
FRONT ELEVATION MODEL "C"
4IN WOMES
AE*rORD,4BLE . UJITN STYLE 500 WEST IDAHO, SUITE 240 E3015E, ID 83102 208343.6699
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
l
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I I I 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1_ I_ I
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
'1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
,I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 4 1 1 1 1 1 1 1 1 1 4 4 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1
I 1 4 4 4 1 1 1 1 1 1 1 1 1 1 11 1 4 1 1 1 1 4 4 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 III 1 I 1 1 1 1 1 1 L
I 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
- 11
1.1.1.1.1.1.1.1.1.
1 1 1 1 1 1 t 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 4 1 4 4 1 1 1 1
111411111_
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1
11 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1.00
i 1 1 1
1 1 1
1 1 I
1 ! 00
....
1 1 111 111
1 1 1 1 1 1 1 1
1 4 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1 I 1
1.1.1.1.1.1.1.1
1 1 1 1 1 1 1 1
1 1 1. 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 4 1 1
1 1 1 1 1 1 1 1
11 1.1.1.1.1.1
1. 1 1 1 1 1 1 1_
1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1
1 1 1 1 1 1
4
1 1 1 1 1 1
1 1 1 1 1
4 1 1 1
1 1 1 1
II 1
1 1
1 1
1
1111■..■..■■
-4I■U1■ 1 1
IllidlINEWL
Mill111111111101111M
NAINATA • I 'Hi Il V NMI MIN
.•1111111111_11111111111111111111111 1n 1
Itf
-Ammo
. u J u 1 ' u
II u 110 1111 u
V li 9U
11
11 q V q V 1H it = �
V 0 li II 11
FRONT ELEVATION MODEL °D"
A1N 1-1011E3
,&FF0RDA:3LE_... WITH STYLE 500 WEST ID,4N0, SUITE 240 BOISE, ID 83102 208.34310899
1 1 1 1 1 ' 1 1 1 4 1 1 1 , 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 i 1 1 1 r 1 1 1 1 1 1 1 1
AIN I-4QMES
11;1
�
Mill
n
I 46111411111
1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 4 1 1 1 1 4 f
1 1 1
i 11 11 1
a mal yew i :' imm '.: ai�u's ;iri�■,i
t 1 1(
FRONT ELEVATION MOEL "E"
, WIT+4 :.TYLE 500 WE5T IDAHO, 51.11TE 240 BOISE, ID 83102 208343.66p5
Cc //--./50-1
Eagle City Council Meeting
12-19-00
Eaglecrest Subdivision
Nancy: A couple things Mark, on your, in your letter what addresses, what we saw in Pacific
Heights in some of these smaller lots we have out here with these PUD's that include this kind of
living, when you reduce, from the back of the sidewalk to the garage a minimum of 10 feet to the
living area where do we put the cars? Do they extend over the sidewalk?
Steve: You are asking for a change I think to extend that, aren't you?
Mark: Yea
Nancy: No, that is what he is asking for a front 10 foot set -back with 18 feet measured from the
back of the sidewalk to the garage.
Mark: That's where you put the cars Nance.
Nancy: 10- feet from the back of the sidewalk to the front of the house, the front door.
Mark: To the living area.
Stan: So basically, the garage would be setback here, but the front of the house would be out
here.
Nancy: Ok, so the garage is being pushed back.
Mark: The way it is now, you can build your garage 5 feet from the sidewalk.
Steve: Right, now it's worthless.
Nancy: Second thing Mr. Mayor and Mark, on the side yard setbacks 5 feet minimum except the
Townhouse's maybe permitted to have common walls on interior property lines, but on the
exterior property lines are you still saying th want (5) feet, on page 2 of 2 in Mark's letter.
So what you are telling me then if I got two-sto ownhouse it's interior walls would be
common walls and the exterior walls may be even next to a single family or a duplex and I
would only have 5 feet.
Mark: No you would have 10. Because you have 5 to the property line and 5 to the next. So you
have 10 feet.
Stan: It is a standard for the City of Boise.
Mark: They have pretty low setbacks, I am working on one .
Stan: Mayor and Council, I believe that's the standard, the 5 foot setback is a standard in the
City of Boise. We have in the City of Eagle a 7 1/2 foot setback, which is a higher standard than
the surrounding areas. So what we are basically saying is that in this particular subdivision with
high density housing, that we would go to the standard of the surrounding community but it may
not be typical of homes found in Eagle. However, we have a subdivision here that is not typical
and the intent was for more homes to be placed there so with the setback it would be similar to
what we see here. So, I don't' think that is a problem I have other questions, however.
Nancy: One other question on your lots abutting Trail Creek what you are saying is that all those
lots that are on the south end of that you will keep those at a single level.
Mark: We can leave those at one story, yes.
cc' 17 -13 -di
AUTUMNCREST SUBDIVISION
Preliminary Plat Application
Submitted to:
The City of Eagle
Submitted by:
Hubble Engineering, Inc;
701 S. Allen St., Suite 102
Meridian, Idaho 83642
Submitted for:
Craig Petrie
Pacific Ridge
Site — looking north
Site - looking west
Site - looking south
North property line
ISSUES
Traffic Counts
Driveways
Homeowner letters
Irrigation
Alternate layouts
Schools
Landscaping
Compatibility and buffering
Driveway to be abandoned
H
rri
E' ALL.UYTrtE LAZE
_J
'4 j a
LOT
a' L�AfltaiGNE useinair
13a
_ ' GfGI D T _
61 1 09:31 Nairtel A 4011. WHO
1. ALL 1.4110:41 E MEM SHALL HAVE rA /M.r'IW AllLt 4IWWEWAN) 191,HN9JA
SI:TE44 571®-I NSW= SAP= EDVERAGEMc' FTEPQLY MON m It
MOM= W4TQ1 1.0112. CAL i ITTONCRTAC IC TG Pi lWATSi MN SEPARATE
INMG11hL STt.11!- •
Z ru--u' PYTW4LDI (MAPS MALL NONE A LIMYLIW 11 WI 1CQ1T E #INCHED.
1.111111-411EuGLt %r�en FM Aim MN OM AM �I LEil9 liE T4 9E Pf#G'aAED,
FfEL1E KIN SUM B1:14T1411 TNHei
R11N TFP:
EARAIMITIO1 Fmk COMES M POMPITA1O1 RATED
AT LEA= OC PTENZLiY PTF EAQI I1YGlU'C
BER L 4T HIILTPIE [Mai Tu Ann WATER WN-CfF
PLYSR FJsI.ISlE'LUMP PDC .d.LL PWfPA J5
fi •: lTRM'tA41 al-PJL ;TC F ALL MEM MEWS NEZDFARY. I*..,. FH SN AFP
MAN MVP, PLANTED MTh LIDS P13dT MALI, MD- DOirlPahaTDRS EFREN4.
a ALL LAI ti tAPE LOG 91119 MLAI.L BE 17:11111 LY 1116,111ThiED B4 THE
NM MN EFS A21E A1ON.
i. FKd.. LAN Eri Pti r»l Atm COMMLIE11t4 31 ALL SG IN ADMPSI AM:C %4TI1
THE TiOOF GAZE PmBPP SITS
. r✓m �'J1F: YLL. &4 P .1 IECATi3N a rJo 'MLI( I N T:4d#Y SLIM _ • • Tri TM
M HL
a EMI 'NIL BE ivisiwrat 1 ALUM . .MS'V El Ri ELVFEW
SHALL HOT IHEFFEFE 'MTh E'19 THEER
PE J1 FERN
ISGl1WJS 5511111,1 1 L
EWiT-Cf -WV
ALI 1'J MN CREST 5UBDIV151 DN
-PFELIMNA Y LAND t•!•• 'E FLAN-
FLFrn 4G:HECUL
s
•%
move? A&
a
'>• TO=
rILaJ}a.
Tahoe sidewalk to the south
Compatibility
Site -looking west
Site -looking east
West property line
West property line
West property line
fi',.11114
West property line
Jones • Gledhill • Hess • Andrews • Fuhrman
Bradbury & Eiden, P.A.
ATT 0 R N EYS AT LAW
Stephen A. Bradbury
VIA HAND DELIVERY
4)/A
November 12, 2001
Susan Buxton
Moore, Smith, Buxton & Turcke
225 North 9th Street, Suite 420
Boise, Idaho 83702
RE: Eaglecrest Subdivision
Dear Susan:
iI
RECEIVED
NOV 12 2001
MSB&T CTD.
k.
r,\ \ ,, -N--
r
This firm has been retained to represent Gary Asin of Asin Homes, Inc.,
the owner of the Eaglecrest Subdivision. It is my understanding that the City's
zoning administrator, William E. Vaughan has refused to allow building permits to
be issued for two story residential dwellings in the subdivision. Mr. Vaughan has
apparently concluded that only single story dwellings are permitted in the
subdivision. In addition, Mr. Vaughan has advised Mr. Asin (through his
representative, Mark Butler) that any two-story dwellings which may be
constructed in the subdivision are required to adhere to a minimum 10' side yard
set back. Mr. Butler has appealed Mr. Vaughan's determinations by letter dated
November 6, 2001. I am advised that the City Council will take up the appeal on
November 13, 2001.
I have reviewed the Findings of Fact and Conclusions of Law for the
preliminary plat of Eaglecrest Subdivision (formerly known as Williamsburg
Subdivision) adopted by the City Council on January 23, 2001 and I am
enclosing a copy for your convenience. Based upon my review of those Findings
of Fact and Conclusions of Law, together with copies of pertinent
correspondence and minutes of the appropriate City Council meetings, I believe
Mr. Vaughan's determination to be in error. The Findings of Fact and
Conclusions of Law contain 18 site specific conditions of approval, numbers 16
and 18 of which are at issue. Site Specific Condition of Approval No. 16
provides: "Place a note on the plat stating that single family dwelling units along
The 9' & Idaho Center ♦ 225 North 911' Street. Suite 820
P. 0. Boa 1097 ♦ Boise. Idaho 83701
Phone (208) 331-1170 ♦ Facsimile (208) 331-129
E -Mail Address: Ig(a•idalaw.com
Susan Buxton
November 12, 2001
Page 2
the southern boundary of the subdivision parcel shall be single story only." That
language makes it quite clear that only the lots along the southern boundary of
the subdivision parcel are limited to single story dwelling units. No other Tots in
the subdivision were so restricted. In the absence of such a specific restriction or
a provision of the City zoning ordinance restricting dwelling units to a single story,
no such limitation can be legitimately imposed by the zoning administrator.
Site Specific Condition of Approval No. 18 sets out the minimum set backs
applicable to the subdivision. Subsection e. provides: "the side yard set back
shall be a minimum of 5' to provide for maintenance except that townhouse units
may be permitted to have common walls on interior lot lines." No distinction is
made with regard to set backs applicable to two story as opposed to one story
dwelling units in the subdivision. The side yard set backs adopted by the City
Council were specifically requested by the applicant, were the subject of
discussion and clarification between the Council and the applicant prior to
adoption of the Findings of Fact and Conclusions of Law, and were specifically
approved by the City Council when it adopted the Findings of Fact and
Conclusions of Law. I am enclosing, for your convenience, a copy of the minutes
of the City Council's meeting at which the Findings of Fact and Conclusions of
Law were adopted. It appears to me that Mr. Vaughan is reading a requirement
into the City Council's condition of approval which does not exist.
I believe it is important for you to understand that my client, Mr. Asin,
acquired the subdivision property subsequent to the City Council's approval of
the preliminary plat. Mr. Asin acquired the property and proceeded to obtain final
plat and design review approval in reliance upon the City Council's Findings of
Fact and Conclusions of Law and related conditions of approval. In doing so, Mr.
Asin has invested a considerable sum of money. If Mr. Asin is prohibited from
constructing two story structures within the subdivision and/or has imposed upon
him set backs greater than are required under the City's conditions of approval,
he will incur considerable damage and loss of his investment backed
expectations. Under the circumstances, I do not believe the zoning administrator
(or the Council) may modify the previously adopted conditions of approval to Mr.
Asin's detriment.
Susan Buxton
November 12, 2001
Page 3
I would appreciate it if you would review the situation prior to the Council's
meeting of November 13, 2001. I would, of course, be pleased to discuss these
issues with you further should you wish to do so.
SAB:maj
Enclosures
cc: Gary Asin
Mark Butler
Very truly yours,
tephe A. Bradbury
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: (SKIM)
Mayor introduces the item.
Osborn 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. Osborn 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. Findings and Conclusions for Williamsburg Subdivision-1Vlarty 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, 61 -lot subdivision is located
approximately % 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 -lot (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
Page 7of 11
KICOUNCILIMINUTESITcmporary Minutes Work .Area CC-02-27-O1mia.doc
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR WILLIAMSBURG
SUBDIVISION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUN BER PP -13-00
The above -entitled rezone application came before the Eagle City Council for their action on
December 19, 2000. The Eagle City Council having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of
Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
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, 61 -lot subdivision is located approximately 1/2 mile north
of Floating Feather Road, abutting Hwy 55 on the west and Horseshoe Bend Road
on the East.
R. _A PDT TC,ATTON CTTRMTTTAT
The application for this item was received by the City of Eagle on August 17, 2000.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on September 30, 2000. Notice of
this public hearing was mailed to property owners within three -hundred feet (300 -
feet) of the subject nrooertv in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on September 29, 2000. Requests
for agencies' reviews were transmitted on August 24, 2000, in accordance with
the requirements of the Eagle City Code.
D. HISTORY OF PREVIOUS ACTIONS:
On August 26, 1997, the Eagle City Council approved the final plat (FP -4-97) for
Lexington Hills Subdivision Phase 11(also known as Benchmark Subdivision).
The staff report for this item is attached.
On March 25, 1999, the Eagle Design Review Board approved the design review
(DR -23-97) for a 56 -space manufactured home park as part of Lexington Hills
Subdivision Phase 11.
Page 1 of 19
K:1Planning Dept'Eagle Applications\SUBS120001Williamsburg ccf.doc
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Residential Three
(up to 3 -units per acre)
No Change
Residential Estates (up
to 1 -unit per 2 -acres) &
Residential Two (up to
2 -units per acre)
Residential Four (up to
4 -units per acre)
Not in Eagle Area of
Impact
Residential Three (up
to 3 -units per acre)
ZONING
DESIGNATION
R -2-P (Residential)
R -2-P (Residential)
R -E (Residential Estates)
R-4 (Residential)
Ada County Designations:
C-2 (Commercial) and RR
(1 -unit per 10 acres max.)
R -2-P (Residential)
LAND USE
Partially improved
subdivision
Residential
Residential
Residential
Skateboard Park &
salvage yard
Residential
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or l..rDA.
H. SITE DATA:
Total Acreage of Site — 9.83 -acres
Total Number of Lots - 61
Residential - 58
Commercial - 0
Industrial - 0
Common — 3 (1 lot is for a private road)
Total Number of Units —
58 (maximum) — includes a combination of Single-family, duplexes, and triplexes
Total Acreage of Any Out -Parcels — 0
Page 2 of 19
K:\Planning Dept\Eagle ApplicationslSUBS120001Williamsburg ccf.doc
▪ ADDITIONAL SITE DATA PROPOSED REQUIRED
▪ Dwelling Units Per Gross Acre 5.90 -units
7 -units per acre maximum
(per Lexington Hills PUD
approval)
_ Minimum Lot Size 4,200 S.F. 4,200 S.F.
Minimum Lot Width 42 -feet 42 -feet
Minimum Street Frontage 26 -feet 35 -feet
Total Acreage of Common Area 1.17 -acres
Percent of Site as Common Area
11.88%
L GENERAL SITE DESIGN FEATURES :
.98 -acres
10%
Greenbelt Areas and Landscape Screening:
To date, a landscape plan has not been submitted for this current project.
Eagle City Cede Section 8-2A-7 (J)(4)(a) requires a minimum 35 -foot wide
landscape buffer area between urban collectors and new residential developments.
This would apply to the area abutting Horseshoe Bend Road
%L addition, Engle City rode Section 3-2A-7 (3)(4)(c) requireG a minimum:
i ✓-�tnvvnt
wide landscape buffer area between principal arterials/freeways and new
residential developments. This would apply to the area adjacent to State Highway
55.
Berming, fencing and landscaping details are required for Design Review Board
review and approval prior to City approval of a final plat
Open Space:
The applicant is proposing approximately 1.17 -acres for open space. A portion of
the space is to accommodate storm water runoff from the private streets. It does
not appear that any amenities for usable space are proposed at this time.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to submit street
drainage plans. Specific .drainage system plans are to be submitted to the City
Engineer for review and approval prior to the City Engineer signing the final plat.
Page 3 of 19
K:1Planning Dept\Eagle Applications\SUBS120001Williamsburg ccf.doc
The plans are to show how swales, or drain piping, will be developed in the
drainage easements. ' Also, the CC&R's are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no
runoff shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet
wide.
Fire Hydrants and. Water. Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire
District.
On-site Septic System: No (A sewer system was previously installed within the site).
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site that would be
required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site that would be
required�}�/�tom bet/preserv/eyd. If during excavation7)or development
ofthe
site, any
historical artifacts are discovered, state law requires i mediate notification to the
state.
J. STREET DESIGN:
Private or Public Streets:
24 -foot wide private roadways for a portion of the subdivision were previously
approved and constructed with the Benchmark subdivision. The remainder of the
improvements should be completed prior to the issuance of any building permits
within that phase.
Applicant's Justification for Private Streets:
None provided. The roadways within this site were previously approved as
"driveways" as a part of the Benchmark Subdivision since they did not provide
access to properties of separate ownership. The roadways will have to meet the
findings for private streets as outlined in ECC Section 9-3-2-5 since they will be
providing access to properties under separate ownership (as indicated with this
proposed preliminary plat).
Blocks Less Than 500': none
Cul-de-sac Design:
The cul-de-sac is approximately 140 -feet long and terminates at a semi -circular
Page 4 of 19
K:1Planning Dept'Eagle Applications\SUBS12000\Williamsburg cef.doc
turnaround with a 45 -foot radius within 50 -feet right-of-way.
Sidewalks:
4 -foot wide sidewalks have been constructed abutting that portion of the private
roadway previously built. Sidewalks are proposed for the remainder of the private
roadway to be constructed. Also, the Ada County Highway District is requiring
the applicant to construct a 10 -foot wide asphalt pathway on Horseshoe Bend
Road abutting the parcel.
Curbs and Gutters:
The design for curbs and gutters shall meetthose standards as set forth by the City
Engineer for the interior streets not yet constructed.
Lighting:
Lighting for the proposed streets" is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer
signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has been
received. However, one street is required to be renamed due to duplication and
shall be renamed prior to City Clerk signature of the final plat.
K. ON AND OFF-STTE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in
all subdivisions as part of the public right-of-way or separate easement, as may be
specified by the City Council.
L. PUBLIC USES PROPOSED: none
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON -SUE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes — yes, abutting Horseshoe Bend Road and State Highway 55.
Stream/Creek: no
Page 5 of 19
K:1Planning Dept\Eagle Applications\SUBS12000\Williamsburg ccf.doc
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
P. AGENCY RESPONSES:
Q.
City Engineer. The Engineer's letter dated August 22, 2000 states there are no
engineering issues remaining as the plans were previously approved with the Benchmark
Subdivision. (see attached).
Ada County Highway District
Ada County Street Name Committee
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Lt. i i r S FROM TIE PUBLIC: None received to date.
R. GENERAL STANDARDS FOR APPROVAL T OF PRIVATES _FTS SECTION 9-3-
c (A) General Standards: Private streets may be permitted if the Council determines
that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
!ncntioT tnnng*aph� cther feattres of the development or its surcun ings
., � t. v� r=. a.�, cr v�.av� 1v.r�ba�vJ v< ♦,.v v�vji siva♦ vL riyV 1 aLb
such that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning
to adjacent property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one
public street to another, encouraging travel through the development served by the
private sweet;
Page 6 of 19
K:1Planning Dept'Eagle Applications\SUBS120001Williamsburg ccf.doc
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of
the private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED vvt'imN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6 Lana Use
6.7 — Implementation Strategies
p. Encourage a variety of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
Chapter 10 — Housing
10.2 — Goal
Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet individual needs.
10.3 — Implementation Strategies
a. A wide diversity of housing types and a choice between ownership and
rental dwelling units will be encouraged for all income groups.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Section 8-2A-7 (J)(4)(a)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi -family developments, shall be buffered from streets
classified as collectors, arterials, freeways, or expressways, to protect residential
communities from noisy, potentially dangerous, high-speed roads. The buffer area
shall be defined as the distance from the outside wall of the lowest story of any
single-family attached or detached dwelling and the right-of-way line of the
roadway. The lowest story must be screened from the view of any street classified
as a collector, arterial, freeway, or expressway. This buffer is required either on
individual lots or as an easement, or as part of the common open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within
the public right of way shall not be included as a part of the buffer area required
Page 7 of 19
K:1Planning DeptlEagle Applications\SUBS12000\Williamsburg ccf.doc
below. The height for berming/fencing, as noted below, shall be measured from
the elevation of the final grade of the adjacent roadway (measured at the
centerline) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the APA Functional Street
Classification Map:
A minimum of thirty five feet (35') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of
right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with two (2)
floweringlornamental.trees, provided thatnot more:than fifty percent .(50%) of the
shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized
vinyl fence, decorative block wall, or cultured stone, decorative rock, or
similarly designed concrete wall, or combination thereof shall be provided
within the buffer area. The maximum slope for any berm shall be three feet
(3') horizontal distance to one foot (1') vertical distance. If a panelized vinyl
fence, decorative block wall, or cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, an
area at the top of the berm shall be provided for the placement of the fence or
decorative block wall. Panelized vinyl fencing shall be no higher than four feet
(4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
The five foot (5') minimum height requirement for the berninefencing shall
be permitted to be decreased one foot (1') for every thirteen feet (13') of
additional buffer area added to the thirty five foot (35') wide buffer noted
above.
o Section 8-2A-7 (J)(4)(c)
Any road designated as a principal arterial on the APA Functional Street
Classification Map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of
right of way: six (6) shade trees, ten (10) evergreen trees, four (4)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not
more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized
vinyl fence, decorative block wall or cultured stone, decorative rock, or similarly
designed concrete wall, or combination thereof shall be provided within the buffer
area. The maximum slope for any berm shall be three feet (3') horizontal distance
Page 8 of 19
K:1Planning Dept\Eagle Applications'SUBS120001Williamsburg ccf.doc
to one -foot (1') vertical distance. If a panelized vinyl fence, decorative block wall,
or cultured stone, decorative rock, or similarly designed concrete wall is to be
provided, in combination with the berm, a four foot (4') wide flat area at the top of
the berm shall be provided for the placement of the fence or decorative block wall.
Panelized vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
The ten foot (10') minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every thirteen feet (13') of additional buffer
area added to the seventy five foot (75') wide buffer noted above. (Ord. 328, 8-11-
1998)
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Section 9-3-2-5 (B) (4)
All private streets shall, during the progress of construction, be inspected and
tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
Section, the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such
inspections and tests shall be submitted, together with a certification of such
compliance, for the review and approval by the City Engineer. An informational
copy of the report shall be provided to ACBD.
• Section 9-3-2-5 (C) (1)
A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate thereof prepared by a licensed professional engineer in the State, together
with a proposed method for funding the same, including, but not limited to, the
creation and maintenance of a reserve fund for that purpose, shall be submitted to
the City Council for review and approval prior to execution of the final plat by the
City.
• Section 9-3-2-5 (C) (2)
The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
b. Provide that such perpetual easement shall run with the land; and
Page 9 of 19
K:1Planning Dept\Eagle Applications\SUBS\2000\Williamsburg ccf.doc
c. Provide that the' restrictive covenant for maintenance of the private street
cannot be modified and the homeowners?property owners' association or other '
entity cannot be dissolved without the express consent of the City.
• Section 9-2-3-5 (C) (3)
A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection C1 of this Section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
City. The said restrictive covenant shall be reviewed and approved by the City
Attorney prior to certification and signing of the final plat by the City Engineer.
D. DISCUSSION:
• When the City Council approved the Lexington Hills Planned Unit Development
(PUD), conditional use, preliminary plat and rezone, this phase was shown as a
"Future Mobile Home Area" to be built out at 7 dwelling units per acre. (The
applicant is proposing 5.9 dwelling units per acre). A condition within the March
18, 1991 Council Findings for the Lexington Hills PUD states, "Mobile Home site
(shall) be addressed before Council prior to approval of a final plat; Council
reserves a decision on this portion of the project."
• This site was previously approved as a one -lot subdivision (Benchmark
Subdivision) and was partially constructed with the intent to lease building
"spaces" for single-family residence manufactured homes. The difference
between the previously approved 56 -space manufactured home project/one lot
subdivision and this proposed 58 -lot subdivision is that the lots within this
development may be sold to homeowners. Formerly, the spaces could only be
leased and individual ownership of the space occupied by the home was not
possible.
• A 6 -foot high (approx.) cedar fence was previously constructed around the
perimeter of this site without prior City approval of a design review application.
As noted by past City actions regarding fences in buffer areas (i.e. Lexington Hills
East, Brookwood, Feather Nest Estates, The Colony, Great Sky Estates, Banbury
Meadows) the City has limited fencing styles to vinyl, block, cultured stone, etc.,
and has not approved "dog eared" cedar fences. Further, ECC Section 8-2A-7
(J)(4)(a, b, c) states in part that a berm, panelized vinyl fence. decorative block
wall or cultured stone. decorative rock. or similarly designed concrete wall, or
Page 10 of 19
K:1Planning Dept\Eagle Applicatians\SUBS12000\Williamsburg ccf.doc
combination thereof shall be provided within the buffer area. This section clearly
excludes cedar fences.
In addition, the applicant should provide a landscape plan showing berming,
fencing, and planting details within the required 35 -foot and 75 -foot wide buffer
areas required along the roadways abutting this site for review and approval by the
Design Review Board prior to City approval of a final plat. The buffers should be
shown on the preliminary plat either as common lots or as easements.
STAFF RECOMMENDATION PROVIDED RI 1 turf 'IRE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
October 16, 2000, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission recommended denial (4 aye, one absent) of PP -13-00 for a Preliminary Plat for
Williamsburg Subdivision because the subdivision does not meet the required landscape buffers
along both new and old State Highway 55.
Note: To gain approval the Commission suggests that the subdivision include a minimum of 75
feet of buffer along new State Highway 55 and the required 35 feet along old State Highway 55
may be met with an altemate method of compliance.
PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on December 19,
2000, at which time testimony was taken and the public hearing was closed. The Council
made their decision at that time.
v their vv1N1 1 1.L111�.
B. Oral testimony in opposition to this proposal was presented to the Eagle City Council by no
one.
C. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one
other than the applicant and their representative.
Page 11 of 19
K:1Planning Dept'Eagle Applications\SUBS\20001williamsburg ccf.doc
COUNCIL DECISION:
The City Council voted 4 to 0 to approve PP -13-00 for a Preliminary Plat for
Williamsburg Subdivision with the following site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all remaining applicable requirements of the City Engineer.
2. Provide a revised preliminary plat showing all lots having a minimum of 35 -feet of street
frontage, specifically. Lots 24 and 42.
3. A private street review fee is required to be paid to the City and all private street construction
plans are required to be submitted to the City, prior to the City processing the final plat
application. The private street application fee is $1,225.00 based on the proposed street
being 2,170 -feet in lenb 1 .
4. Place a note on the final plat stating that all lots shall have perpetual public ingress/egress
access over the private road to the public streets.
5. Provide an informational copy of the private street inspections and tests for review and
approval by the City Engineer prior to the City Engineer signing the final plat.
- 6. Provide the plan and schedule for the future repair and maintenance of the private streets and
drainage facilities for review and approval by the City Engineer prior to the City Clerk
signing the final plat.
7. Place a note on the final plat stating that this subdivision shall comply with all applicable
provisions of the Lexington Hills Planned Unit Development previously approved by the City
of Eagle.
8. Provide documentation showing how this development will remain under the control of the
Lexington Hills Homeowners Association (as required as part of the approval for Lexington
Hills PUD, Eagle City Code, and Idaho Code).
9. Provide a revised street name list from the Ada County Street Name Committee approving all
of the proposed names. Those names shall be stated on the plat prior to the City Clerk
signing the final plat.
10. The applicant shall be allowed to construct fencing on both the eastern and western property
lines. Design Review Board approval of an alternate method of compliance for fence location
is required prior to City approval of a final plat.
11. Submit plans for Design Review with a request for an alternative method of compliance
delineating 20 -foot wide landscape buffers along the westem and eastern boundaries of the
Page 12 of 19
K:1Planaing Dept\Eagle Applications\SUBS120001Williamsburg ccf.doc
site, prior to City approval of a final plat.
12. Provide a license agreement from ITD approving of the landscaping located within the public
right-of-way at the north end of the site and landscape said right-of-way. The landscaping
shall be similar to the existing landscaping located on the western side of State Highway 55
(Lexington Hills) Submit plans to Design Review Board for review and approval, prior to
the City Clerk signing the final plat.
13. Provide a license agreement from ACRD approving of the landscaping located within the
public right-of-way abutting a portion of the eastern boundary of the site and landscape said
right-of-way. Submit plans to Design Review Board for review and approval, prior to the
City Clerk signing the final plat.
14. Provide a 5 -foot wide landscaped and maintained buffer strip along the entire southern
boundary of the site.
15. Submit plans to the Design Review Board for review and approval for a clubhouse or other
recreational opportunities for the proposed open space prior to the City Clerk signing the
final plat.
16. Place a note on the plat stating that single-family dwelling units along the southern boundary
of the subdivision parcel shall be single story only.
17. All building plans shall be submitted to the Design Review Board for review and approval,
with the general architecture to be in the "Williamsburg" (Colonial) style.
18. The subdivision shall be subject to the following minimum setbacks:
a. The perimeter lots bounded by the eastern and western subdivision boundary lines shall
have a minimum 25 -foot rear yard setback.
b. The perimeter lots bounded by the southern subdivision boundary line shall have a
minimum 20 -foot rear yard setback.
c. All lots other than those referenced in (a) and (b) above shall have a minimum rear
yard setback of 15 -feet, except for Lot 60, Block 1 which shall have a minimum rear
yard setback of 10 -feet.
d. The front yard setback shall be a minimum of 18 -feet as measured from the back of the
sidewalk to the garage and a minimum of 10 -feet as measured from the back of the
sidewalk to the living area.
e. The side yard setbacks shall be a minimum of 5 -feet to provide for maintenance except
that townhouse units may be permitted to have common walls on interior lot lines:
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
Page 13 of 19
K:\Planning Dept\Eagle Applications\SUBS120001Wi liamsburg ccf.doc
drainage system, curbs, gutters, streets and sidewalks. -
2. Correct street names, as approved by the Ada County Street Name Committee, shall be
placed on the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by
the City Engineer. Required improvements shall include, but not be limited to, extending
all utilities to the platted property. The developer may submit a letter in lieu of plans
explaining why plans may not be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior' to the City Engineer signingthe final plat (LC. Title .50, Chapter 13 and
I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources prior to the City Engineer signing the
final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will
be required to furnish the City Engineer with a letter from the sewer entity serving the
property, accepting the project for service, prior to the City Engineer signing the final plat
(B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems
piaced on the street side of the home or shall have their sewer drainage system designed
with a stub at the house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the
water rights appurtenant to the lands in said subdivision which are within the irrigation
entity will be transferred from said lands by the owner thereof; or the subdivider shall
provide for underground tile or other Bike satisfactory under ound conduit to permit the
delivery of water to those landowners within the subdivision who are also within the
irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional
specific criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer
and shall be approved by the City Engineer prior to the City Engineer signing the final
plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to the City
Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted
with the letter.
Page 14 of 19
K:\Planning Dept\Eagle Applications'SUBSL2000\Williamsburg ccf.doc
10. Drainage system plans shall be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans shall show how swales, or
drain piping, will be developed in the drainage easements. The approved drainage system
shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to
the City Engineer signing the final plat. The CC&R's shall contain clauses to be
reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer
signing the final plat, requiring that lots be so graded that all runoff runs either over the
curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
11. No ditch, -pipe or other structure or canal; for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, or other
irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a
manner that the flow of water will not be impeded or increased beyond carrying capacity
of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer prior to the City Engineer signing the final plat. All construction
shall comply with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the
City Engineer, for the purpose of installing and maintaining street light fixtures, conduit
and wiring lying outside any dedicated public right-of-way, piioi to the City Engineer
signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing
service, and as may be required by the Eagle City Code, prior to the City Engineer signing
the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to
the City Engineer signing the final plat. The letter shall include the following comments
and minimum requirements, and any other items of concern as may be determined by the
Eagle Fire Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
Page 15 of 19
K:\Planning Dept\Eagle Applications'SUBS12000\Williamsburg ecf.doc
b. The proposed fire hydrant locations shall be reviewed and be approved in writing
by the Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable
to the Eagle City Attorney which provide for the use, control and mutual maintenance of
all common areas, storage facilities, recreational facilities, street lights or open spaces
shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer
sigthng the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is
required, providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City
Attorney prior to the City Enineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of
the storm drainage facilities, the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be
reviewed and =Droved by the Eagle City Attorney prior to the City Engineer signing the
final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval
for all required landscaping, common area and subdivision signage prior to the City
Engineer signing the final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Council or Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
approval of the final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building
setback lines shall be in accordance with the applicable zoning and subdivision
Page 16 of 19
K:1Planning Dept\Eagle Applications\SUBS120001Williamsburg ccf.doc
regulations at the time of issuance of the building permit or as specifically approved
and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to the City Engineer
signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the
time of City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative. to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to
approval of the final plat by the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to the
City Engineer signing the final plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations
shall be complied with. All design and construction shall be in accordance with all
applicable City of Eagle Codes unless specifically approved by the Commission and/or
Council.
27. Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an aoolication for
modification and approval of that application prior to commencing any change. Any
change by the applicant in the planned use of the property, which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest submits application to the City of Eagle for a change to the planned
use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required
by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the
approval of the City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved
improvements before the City Engineer signs the final plat. The applicant shall provide a
financial guarantee of performance in the amount of 150% of the total estimated cost for
completing any required improvements (see resolution 98-3) prior to the City Engineer
signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of
Page 17 of 19
K:\Planning Dept\Eagle Applications\SUBS\2000\Wi11bimsburg ccf.doc
Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the
subdivision within one year following City Council approval shall cause this approval to
be null and void, unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements
or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer,
Central District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
31.. The ..City's actions on the applicationdoes not grant the applicant any. appropriation .of
water or interference with existing water rights. The applicant indemnifies and holds the
City harmless for any and all water rights, claims in any way associated with this
application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 17, 2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on September 30, 2000. Notice of this public hearing was mailed to
property owners within three -hundred feet (300 -feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September
29, 2000. Requests for agencies' reviews were transmitted on August 24, 2000 in accordance
with the requirements of the Eagle City Code.
3. Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 2, 2000. Notice of this public hearing was mailed to property
owners within three -hundred feet (300 -feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 28,
2000.
4. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Eagle City Council makes the
following conclusions for the preliminary plat application PP -13-00 Williamsburg
Subdivision, as proposed with the conditions recommended herein:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed commercial use is in accordance with the commercial land use designation
of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as
highways, streets, police and fire protection, schools, drainage structures, refuse
disposal, water and sewer, or that the persons or agencies responsible for the
Page 18 of 19
K:\Planning Dept\Eagle Applications\SUBS12000\Williamsburg ccf.doc
establishment of the proposed use shall be able to provide adequately any such
services, as noted in the 'documentation provided from said agencies and as required
as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development
would prevent continuity;
d. That based upon the testimony and written comments of the Eagle Sewer District,
Eagle Fire District, and the Ada County Highway District, there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will . be conditions of final plat approval as set forth within the conditions of
approval above.
DA1'kL) this 23rd day of January 2001.
CITY COUNCIL
OF TBE CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Ydir
A'1'i EST:
Sharon Moore, Eagle City C erk
Page 19 of 19
K:1Planning DeptlEagle ApplicationsSSUBS120001Williamsburg ccf.doc