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Minutes - 1979 - City Council - 04/24/1979 - SpecialRO. BOX 477 EAGLE, IDAHO 83616 208-939-6813 April 24, 1979 /3 Mayor: Jerry Deckard Council: Ted Arnold Don Brooks Orval Krasen Le Roy Pearman A special meeting of the Eagle City Council was called to order by Mayor Deckard on April 24, 1979 at 7:30 P. M. at the Eagle City Hall. ARNOLD, KRASEN, PEARMAN were present. Moved by KRASEN and seconded by PEARMAN that the minutes of the meeting of April 14, 1979 be approved as printed. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. CABLE TELEVISION Danny Fisher of Boise-Ada Cable Vision made a presentation to the council on cable tv. IDAHO TRANSPORTATION DEPARTMENT Bill Sacht and Jim McFarland from the Idaho Transportation Department presented the council with a handout and oral presentation of proposed revisions to the State Highway System in Ada and Canyon Counties. BUDGET The council reviewed the quarterly budget report ending March 31, 1979. IMPACT AREA Mayor Deckard announced that there would be a'~eeting of the Impact Area Committee on April 25, 1979 at 7:30 P. M. at the Eagle City Hall. EAGLE SEWER AND WATER DISTRICT Moved by KRASEN and seconded by ARNOLD that a letter be written to the Eagle Water and Sewer District, to notify them that the City of Eagle disagrees with paragraph 2 of their letter dated March 22, 1979, to wit: "In view of these limitations the Commission is required to accommodate growth by contract." Growth by contract would allow 500 connections to Tertiling. This property is located outside the 1982 and 1992 Planning April 24, 1979 Page 2 Limits of the Eagle Water and Sewer District~ The Tertiling property is outside the planning area (Impact Area) of the City of Eagle. Idaho Code 67-6528 requires that: In adoption and implementation of the plan (Comprehensive Plan) and ordinances, the governing board (Eagle City Council) shall take into account the plans and needs of the State of Idaho and all agencies, boards, departments, institutions, and local special ~ districts. The City ~-~ Ea--~ complied with this requirement. Opportunity was granted during the planning process and at public hearings for the Eagle Water and Sewer District to protest or request changes to the Eagle Comprehensive Plan, specifically the Sewer District Boundary Planning Limits shown on page 75. If the Eagle Water and Sewer District wishes at this time to make changes to the Eagle Comprehensive Plan, they may do so by following the procedures outlined on page 60 thereof. Further, Idaho Code 67-6528 requires that: "The State of Idaho and all its agencies, boards, departments, institutions, and local special purpose districts shall comply with all plans and ord-~nances ~dopted unde-~ thl~-~ chapter unless otherwise provided by law. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. FLOOD PLAIN Mayor Deckard reported on a meeting held April 15, 1979 with he and Councilman KRASEN and the Army Corps of Engineers from Walla Walla, Washington which consisted of an onsight study of the flood plain area. Councilman KRASEN informed the council of a public hearing to be held on flood plain elevations for the City of Eagle. He also noted that the City of Eagle would have to revise the flood plain portion of the overlay district that is in our current ordinance. ELDERLY HOUSING UNIT Councilman KRASEN presented the council with comments concerning the submittal of a PUD Application presented by MARCUS. QUARTER CIRCLE DJ Moved by KRASEN and seconded by ARNOLD to keep this on the table until the county has completed its actions. Motion resulted as follows: AYE: ARNOLD, KRASEN, PEARMAN. Motion carried. EAGLE HILL GREENS - CONDITIONAL USE APPLICATION Councilman KRASEN requested this item to be placed on the agenda. A presentation was made by Steve Hosac on this application. Also speaking in favor of the project were Ellery Brown, architect, and Bill Roden, attorney for the Hosac Brothers, Inc. April 24, 1979 Page 3 Those speaking from the audience were Dick Huff, part owner of the land in question and Gary West, a concerned citizen living on Harvey Street. Moved by KRASEN and seconded by PEARMAN that the Ada County Zoning Commission be notified that the Eagle Hill Greens application for a conditional use permit was reconsidered by the Eagle City Council on April 24, 1979 at a special meeting. Another review of the preliminary plat and subdivision application resulted in the following information: EAGLE ZONING ORDINANCE Article IX - Design Review Overlay District. Section D. Design Review Consideration - 1. Considerations relating to traffic safety and traffic congestion. (Page 24) Comment: Until the Design Review Ordinance is completed, the policy of the Eagle City Council has been that all streets must be dedicated public streets that meet the requirements of ACHD. Also, under Article XI - CONDITIONAL USE, Section C. General Standards Applicable to all Conditional Uses, page 35, #5 states: (the proposed location) will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. Comment: The policy of the Eagle City Council has been to require public streets under this Article. Article XII Planned Unit Developments. Section A. Purpose. Page 38, #1 states: A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements. Comment: This application does not allow for a variety of housing. Section E. Ownership requirements. Page 39. Note that before approval of the Final Development Plan, the entire project shall be under single ownership or control and legal title must be presented with the Final Development Plan. Comment: This application does not currently meet this requirement. Section F. Common Open Space. Page 39. (quoted in part) A required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related use. April 24, 1979 Page 4 Comment: Both paragraphs 1 and 2 of Section F imply that the residents of this PUD shall be able to use the common open space (golf course greens). Will the residents be granted permanent membership in the golf club? This is a problem area of access and use of the common open space by the residents which must be solved before the Final Development Plan is approved. EAGLE COMPREHENSIVE PLAN: Land Use - Page 21 - Policy 2 - Allows clustering techniques as part of a PUD. Policy 4 - Allows a maximum of 3 units per acre for this application. 75 units requested will require a total of 25 acres for this project. Policy 7 - Requires PUD furnish amenities such as open space and recreation opportunities. Public Services, Facilities, and Utilities - Page 47 - Policy 1 - This PUD must be connected to wet line sewer and central water facilities. Comment: Since this site is outside the 1982 and 1992 planning limits of the Eagle Water and Sewer District, the City of Eagle will oppose their providing sewer service at this time to this site. However, if an "on-site" central sewer system is approved, Eagle will recommend that a dry line be constructed by the developer connecting the on-site system with the current wet lines of the Eagle Water and Sewer District. Policy 4 - applies to above. Transportation - Page 50 - Access Streets - The streets within this PUD would be Access Streets. The preliminary development plan shows only one Collector Street. Comment: The Comprehensive Plan states that ideally, traffic flow on the Access Street should not exceed 200 vehicles a day at its intersection with the collector. Therefore, a change in the preliminary (or final plat) development plan would be necessary. Page 50 Implementation Policy 1 This PUD is required to incorporate the planned collector system. Housing - Page 56 - Policy 14 - This PUD should meet these requirements. Implementation - Page 60 Policy 1. The 1982 Planning Limits established in the 1974 Eagle Sewer and Water Plan will be prime development area. Comment: This application does not meet this requirement. Section G. Utility Requirements. Underground utilities, including telephone and electrical systems are required within the limits of all PUD's. Roll call vote on the motion resulted as follows: AYE: ARNOLD KR~SEN, PEARMAN. MOtion carried. April 24, 1979 Page 5 There being no further business to come~efore the council, the meeting was adjourned. ~~. ~~~ C~ty Clerk