Minutes - 2000 - Planning & Zoning - 08/21/2000 - Special
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
Special Meeting
August 21, 2000
7:00 PM
The Planning and Zoning Commission met in regular session on August 21, 2000
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present FRANDEN, BLOOM,
NORDSTROM. Absent: DECKERS. A quorum is present.
3.
APPROV AL OF MINUTES:
A. Minutes of August 14,2000.
Bloom moves to approve the minutes of August 14, 2000. Seconded by Nordstrom. ALL
A YE...MOTION CARRIES
4.
OLD BUSINESS:
A. PP-6-00 - OakJev Estates Subdivision - FAM Developers Inc.: FAM
Developers Inc., represented by Roylance and Associates P.A., is requesting
preliminary plat approval for Oakley Estates Subdivision, a 15-acre, 8-lot (7-
buildable) residential subdivision located at the northeast corner of
Ballantyne Lane and Floating Feather Road. (This item was continued from
the August 14,2000, meeting.)
Franden introduces the item.
Vaughan briefly reviews events from the Aug. 14th meeting regarding this application
Discussion between Vaughan and Commission regarding irrigation and water rights.
Mark Butler 222 EState St. representing FAM Developers Inc. Answers questions from
Commission about sufficient water rights for entire parcel.
Shelly Strate 2661 N. Park Lane. General discussion regarding CC&R's, irrigation, and
site access. Discussion. The Commission suggests the applicant meet with adjacent
property owners to discuss the proposed development prior to council meeting.
Franden moves to approve PP-6-00 Oakley Estates Subdivision - F AM Developers
Inc, with site specific and standard conditions of approval. Adding the following
site specific conditions. A. Applicant shall meet with the two property owners to
the south of proposed road and provides written verification of that meeting.
B. Before final plan is approved the city engineer shall certify there will be
adequate water to irrigate lawns and any pastures. Seconded by Nordstrom.
TWO A YE...ONE NAY (Bloom). MOTIONS CARRIES.
5.
PUBLIC HEARINGS:
A. RZ-9-00~-9-00/CU-9-00 - Picadillv Villae:e Planned Unit
Development - Stacia Patterson: Stacia Patterson, represented by Mark
Butler with Land Consultants Inc., is requesting a rezone from R-4
(Residential - four units per acre) to MU-DA-P (Mixed Use - with
Development Agreement-PUD), conditional use, planned unit development
preliminary development plan, and preliminary plat approval for Picadilly
Village Subdivision. The 6.87-acre, 19-1ot (16-residential, 2-commercial,
and I-common) subdivision is located on the southwest comer of State
Highway 55 and Hill Road.
Franden introduces the item.
Mark Butler 222 E. State St. Mr. Butler reviews the application.
Vaughan reviews the staff report.
Franden opens the public hearing.
John Evans, 5699 N, Riffle Way, Garden City. Mr. Evans is the Developer of Great
Sky Subdivision located south of the proposed development. Concerned about road
alignment and access to Great Sky. Established driveway could be a problem. Building
a road could encroach into minimum set back of existing buildings. Not opposed to
project but wants a road built out to Great Sky.
Angela Deckers, 2249 Dickey Circle, representing Evans Subdivision, Eagle, Idaho.
Happy single family homes are being proposed and not multi family units. Concerned
as a homeowner about commercial buildings. Residents would like to see a
professional office setting versus commercial/retail. Recommends prohibiting
restaurants.
Vaughan addresses issue of roadway.
Mark Butler rebuts testimony.
Franden closes public hearing.
Discussion amongst the Commission.
John Evans addresses the Commission to provide clarification on adjacent properties.
Mark Butler addresses the Commission on the right of way and Great Sky access.
General Discussion.
Bloom moves to table RZ-9-00IPPUD-6-00IPP-9-00/CU-9-00 - Picadilly Village
Planned Unit Development, until August 28, 2000 Planning and Zoning meeting.
To allow applicant to continue negotiations with the adjoining property owner
ORIGINAL
regarding road alignment. Seconded by Nordstrom. ALL A YE...MOTION
CARRIES.
6.
NEW BUSINESS:
A. Discussion of Bylaws
Discussion of Planning & Zoning meeting time amongst Commission
Bloom moves to amend Planning & Zoning Commission By Laws to adjust the
starting time for meetings to 6:30 p.m., effective beginning on Sept 18th. Seconded
by Franden. ALL AYE... MOTION CARRIES.
7.
REPORTS:
B.
C.
Commission: Bloom reports on communication with Meridian School
District
City Attorney: None
Staff: Transportation Planning general discussion
A.
8. ADJOURNMENT: Bloom moved to adjourn at 9:03p.m. Seconded
Nordstrom. ALL A YE...MOTION CARRIES...
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RESPECTFULLY SUBMITfED:
SHARON K. MOORE
CITY CLERKffREAS URER
APPROVED:
('
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CHAIRMAN ~tØJ~ ~~S
U,è::ð' Ot A illQ-1tt1V
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
RZ-9-00/PPUD-6-00/PP-9-00/CU-9-00 — Picadillv Village Planned Unit Development
August 21, 2000
7:00 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
7oL- Lva0s -CM N, / 1)P-( 75 2 E32
Page 1 of 1
'Z.\ 2,\o0
Land Consultants Inc.
222 E. State Street • Suite B • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.939.7321
Date: August 21, 2000
TO: City of Eagle
Attention: Eagle Planning and Zoning Commission
310 E. State Street
Eagle, ID 83616
RE: Picadilly Village PUD
Dear Commissioners,
A site plan showing a cul-de-sac connected to a non existent road on the property to the west of
Picadilly was included in the packet sent to the Commission for Picadilly Village. That plan is not
Picadilly proposal. Apparently, the plan was submitted to the City by IFI Partners II.
Furthermore, so you know, my Clients gave no permission to IFI Partners to engineer a plan for their
site or obtain engineering plans, other than what has been submitted to the City, for their site.
Thank you.
cc: Stacia Patterson, Applicant
Fredric V. Shoemaker, Cosho, Humphrey, Greener & Welsh, P.A.
Page 1 of 1
C:wiy Docusnents1LC&Jobs 200aAax y V0ago 00160 le2.doc
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4. If public right-of-way has been dedicated on the adjoining property to the west, along thel poi
west boundary of this site (prior to submittal of a final development plan and final plat) then i ��4'\
this site shall be redesigned so that vehicle access is taken solely from twat' to-th«< .
`.�- TQpp
5. The building layout and parking configuration of the commercial portion -of this site is
considered "concept only." The design may change upon submittal of a final development
plan.
6. Install a landscape buffer in accordance with ECC Section 8-2A-7 (J)(4)(c) along eastern side
of the residential portion of the development (abutting State Highway 55).
7. Install a minimum 40 -foot wide landscape buffer along eastern side of commercial portion of
the development (abutting State Highway ,55). The 40 -foot wide (minimum) landscape area
shall extend around the northeast corner of this site.
8. Install a minimum 20 -foot wide landscape buffer along the northern portion of the
commercial site abutting Hill Road.
9. The commercial building located along the western boundary of the site shall be setback from
the property line a minimum of 40 -feet (or otherwise shall comply with ECC Section 8-3-3
(DD.
10. Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated June 28, 2000.
11. Final development plans shall be reviewed as "New Business" items and not as "Public
Hearing" items unless the City determines that any difference between the preliminary
development plan and final development plan needs additional public comment because of
possible impacts to surrounding property owners, to this development, or to the community,
or inconsistency with the conditions herein. If the City determines that a public hearing shall
be held on the final development plan, notice shall be provided for (as was required for the
preliminary development plan).
12. Useable park amenities such as, picnic tables, gazebos, swing sets, basket ball courts, ball
fields and/or similar amenities shall be provided within the open space areas. Landscape
plans showing open space amenities shall be reviewed and approved by the Design Review
Board.
13. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site Data"
section "H" within the City Council's Findings of Fact and Conclusions of Law with the
following condition: The additional 5 -foot setback required for two story structures shall be
waived for the front, back and street sides of all units within the subdivision.
14. Subdivision signage, common area, recreation center, street trees, existing trees, pathways,
buffer areas, perimeter fencing, and etc. shall be reviewed and approved by the Design
Review Board priof to approval of final development plan.
15. The entire Picadilly Village development shall remain under the control of one Homeowners
Association.
16. Provide a 5 -foot wide concrete meandering sidewalk along Hill Road abutting the site.
Page 17 of 22
AEAGLENTINCOMMOMPlaaniag DepAEagb ApplicanocsZUBS120001Picaa ly Vi[lagc PUD stf doc
JAMES E. BRUCE, President
GLENN J RHODES. Vice President
SHERRY R. HUBER, Secretary
TO:
II 11 -1)4
,
D;r ,
,n)
NOV 5 1993 li
I i;�rl
,2yember 3, 1993
Pail y _ . Irl
Gary Lee, J -U -B Engineering
250 S. Beechwood
Boise ID 83706
FROM: Larry Sale,
Development
SUBJECT: GREAT SKY ESTATES SUBDIVISION - PRELIMINARY PLAT
On November 3, 1993, the Commissioners of the Ada County Highway
District (hereafter called "District") approved the Preliminary
Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for
acceptance, the Developer shall cause the following applicable
standard conditions to be satisfied prior to District certification
and endorsement:
1. Drainage plans shall be submitted and subject to review and
approval by the District.
2. If public street imorovemrnts are required: Prior to any
construction within the existing or proposed public right-of-
way, the following shall be submitted and subject to review
and approval by the District:
a. Three complete sets of detailed street construction
drawings prepared by an Idaho Registered Professional
Engineer, together with payment of plan review fee.
b. Execute an Inspection Agreement between the Developer and
the District together with initial payment deposit for
inspection and/or testing services.
c. Complete all street improvements to the satisfaction of
the District, or execute Surety Agreement between the
Developer and the District to guarantee the completion of
construction of all street improvements.
ada county highway district
318 East 37th • Boise. Idaho 83714 • Phone (208) 345-7680
November 3, 1993
Page 2
3. Furnish copy of Final Plat showing street names as approved by
the Local Government Agency having such authority toaether
with payment of fee charged for the manufacturing and
installation of all street signs, as required.
4. If Public Rights -of -Way Trust Fund deposit is required, make
deposit to the District in the form of cash or cashier's check
for the amount specified by the District.
5. Furnish easements, agreements, and all other datum or
documents as required by the District.
6. Furnish Final Plat drawings for District acceptance,
certifications, and endorsement. The final plat must contain
the signed endorsement of the Owner's and Land Surveyor's
certification.
7. Approval of the plat is valid for one year. An extension of
.one year will be considered by the Commission if requested
within 15 -days prior to the expiration date.
•Please contact me at 345-7680, should you have any questions.
LS
cc: Development Services
Chron
Eagle City Hall
JAMES E. BRUCE. President
GLENN J. RHODES, Vice President
SHERRY R. HUBER, Secretary
TO:
FROM:
ACHD Commission
Development Services
TNTER- DEPARTMENT
"ORRESPONDENCE
JRTSKYET/DSTECH
11-3-93
DATE: 'October 29, 1993
SUBJECT: PRELIMINARY PLAT - GREAT SKY ESTATES SUBDIVISION
Revised
(Gary Lee, J -U -B Engineering, 250 S. Beechwood, Boise. ID
83706 - 376-7330)
This is a major revision to a previous layout which was submitted to Eagle
City approximately one year ago, but never approved by the District.
FACTS & FINDINGS:
1. Great Sky Estates is a 193 -lot single family residential subdivision locat-
ed on the north side of State Highway 44 (State St.) west of Hwy. 55;
12,820 -feet of new public streets are planned. This subdivision would
be expected to add 1,930 vehicle trips per day to existing traffic on
State Highway 44 and Hill Road.
State Highway 44 is under the jurisdiction of Idaho Transportation
Department (ITD). Submittals shall be provided to that Department for
requirements and comments. The 2000 Functional Street Classification
Plan designates this road as a principal arterial roadway.
3. A traffic study was submitted to the District analyzing the previous
layout. It concluded that left turning traffic from the project onto
Hwy. 44 would experience delays on the order of Level Of Service F
and E (AM and PM). Staff recommended that the layout be re -oriented
to direct traffic out to the north of the project, toward Hill Road rath-
er than State Street. The applicant agreed and prepared the attached
layout. Staff and the City approved the redesign, but never brought
the new design to the Commissioners attention.
4. ITD is in the final design process to realign State Highway 55 along the
east 120 -feet of subject parcel. The alignment has been duly adopted
by ITD.
5. The revised layout effectively divides the project into two spheres of
traffic influence, one south of a major drainage.canal running east to
west through the property and the other sphere north of the canal, the
southern sphere will be developed first. The northern sphere will not
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
1 ELIMINlRY PLAT • GREAT S ESTATES
O:tober. 29 , 1993
_'age 2
be allowed to develop until Hill Road is rerouted or if a temporary
roadway is constructed with at least 28 -feet of pavement from the
project to the existing Hill Road.
The street pattern directs most of the traffic out to the north for fu-
ture connection to Hill Road after ITD constructs State Highway 55 and
the Eagle By -Pass, which will severely restrict the ability to access
State Street from this project.
6. Access to Hill Road cannot be obtained until the acreage north of this
parcel is developed to provide the link between this project and Hill
Road. Staff understands this developer is working to acquire this
property to complete the reorientation of his project.
SITE SPECIFIC REQUIREMENTS:
1. Direct loc or parcel access to collector streets is prohibited, in compli-
ance with District policy. Lot access restrictions shall be stated on the
final plat.
2. Comply with requirements of ITD for State Highway 44 and the new
State Highway 55 frontage. Submit to the District a letter from ITD
regarding said requirements.
3. A public road connection into the northern portion of the project (north
of the canal) will be required before the District will allow platting and
construction of this part of the project. Coordinate with District staff.
STANDARD REQUIREMENTS:
Street and drainage improvements required in the public right-of-way
shall be designed and constructed in conformance with District stan-
dards and policies.
2. Dedicated streets and drainage systems shall be designed and construct-
ed in conformance with District standards and policies. -
3. Specifications, land surveys, reports, plats, drawings, plans, design
information and calculations presented to HCHD shall be sealed, signed
and dated by a Registered Professional Engineer or Professional Land
Surveyor, in compliance with Idaho Code, Section 54-1215.
4. Provide written approval from the appropriate irrigation/drainage dis-
trict authorizing storm runoff into their system.
5. Locate obstructions (utility facilities, irrigation and drainage appur-
tenances, etc.) outside of the proposed street improvements. Authoriza-
tion for relocations shall be obtained from the appropriate entity.
.? :• E L 1 M I NAR I PLAT - 1REP SKY ESTATES
'ctober. 29, 1993
Page 3
6. C:antinue existing irrigation and drainage. systems across parcel.
Submit three sets of street construction _Plans to the District for review
and appropriate action.
d. Suhmit site drainage plans and calculations for review and appropriate
action by ACHD. The proposed drainage system shall conform to the
requirements of the City of Eagle and shall retain all storm water on-
site.
Public street drainage facilities shall be located in the public right-of-
way or in a drainage easement set aside specifically for that use.
There shall be no trees, fences, bushes, sheds, or other valuable amen-
ities placed in said easement.
Provide design data for proposed access to public streets for review
and appropriate action by ACHD.
10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper-
ty lines when. the driveways :are not being shared with the adjacent
property.
11. Developer shall provide the District with a copy of the recorded plat
prior to the installation of street name signs. Street signs will not be
ordered until all fees have been paid and a copy of the recorded plat
has been provided to ACHD staff. The copy of the recorded plat shall
show the recording information as inscribed by the Deputy County
Recorder.
12. Install a stop sign on every unsignalized approach of a project street to
an intersection involving a collector or arterial.as the cross -street.
The stop'sign shall be installed when the project street is first accessi-
ble to the motoring public.
13. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Contact Construc-
tion Services at 345-7667 (with zoning file number) for details.
' " PRELIMINARY PLAT - ' REAT S ESTATES
October 29, 1993
Page 4
14. A request for :codification, variance or waiver of any requirement or
policy outlined herein shall be made, in writing, to the Manager of
Engineering Services within 15 calendar days of the original Commission
action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity.
Should you have any questions or comments, please contact the Develop-
ment Services Division at 345-7662.
STAFF SUBMITTING: DATE OF COMMISSION APPROVAL:
Lacry Sale
NOV 031g
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LOT TABULATION
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JAMES E. BRUCE, President
GLENN J. RHODES, Vice President
SHERRY R. HUBER, Secretary
TO:
J -U -B
Di
�S ( NOV 5 1993 pH 'i
,. r--"_NA,yember 3, 1993
Gary Lee, J -U -B Engineering
250 S. Beechwood
Boise ID 83706
FROM: Larry Sale,
Development
SUBJECT: GREAT SKY ESTATES SUBDIVISION - PRELIMINARY PLAT
On November 3, 1993, the Commissioners of the Ada County Highway
District (hereafter called "District") approved the Preliminary
Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for
acceptance, the Developer shall cause the following applicable
standard conditions to be satisfied prior to District certification
and endorsement:
1. Drainage plans shall be submitted and subject to review and
approval by the District.
2. If public street improvenlent1s are required: Prior to any
construction within the existing or proposed public right-of-
way, the following shall be submitted and subject to review
and approval by the District:
a. Three complete sets of detailed street construction
drawings prepared by an Idaho Registered Professional
Engineer, together with payment of plan review fee.
b. Execute an Inspection Agreement between the Developer and
the District together with initial payment deposit for
inspection and/or testing services.
c. Complete all street improvements to the satisfaction of
the District, or execute Surety Agreement between the
Developer and the District to guarantee the completion of
construction of all street improvements.
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
November 3, 1993
Page 2
3. Furnish copy of Final Plat showing street names as approved by
the Local Government Agency having such authority toaether
with payment of fee charged for the manufacturing and
installation of all street signs, as required.
4. If Public Rights -of -Way Trust Fund deposit is required, make
deposit to the District in the form of cash or cashier's check
for the amount specified by the District.
5. Furnish easements, agreements, and all other datum or
documents as required by the District.
6. Furnish Final Plat drawings for District acceptance,
certifications, and endorsement. The final plat must contain
the signed endorsement of the Owner's and Land Surveyor's
certification.
7. Approval of the plat is valid for one year. An extension of
.one year will be considered by the Commission if requested
within 15 -days prior to the expiration date.
•Please contact me at 345-7680, should you have any questions.
LS
cc: Development Services
Chron
Eagle City Hall
JAMES E. BRUCE, President
GLENN J. RHODES, Vice President
SHERRY R. HUBER, Secretary
TU: ACHD Commission
FROM: Development Services
TNTER-DEPARTMENT
'Th RESPQNDENCE
:1RTSKYET/DSTECH
11-3-93
DATE: October 29, 1993
SUBJECT: PRELIMINARY PLAT - GREAT SKY ESTATES SUBDIVISION
Revised
(Gary Lee, J -U -B Engineering, 250 S. Beechwood, Boise. ID
83706 - 376-7330)
This is a major revision to a previous layout which was submitted to Eagle
City approximately one year ago, but never approved by the District.
FACTS & FINDINGS:
1. Great Sky Estates is a 193 -lot single family residential subdivision locat-
ed on the north side of State Highway 44 (State St.) west of Hwy. 55;
12,820 -feet of new public streets are planned. This subdivision would
be expected to add 1,930 vehicle trips per day to existing traffic on
State Highway 44 and Hill Road.
2. State Highway 44 is under the jurisdiction of Idaho Transportation
Department (ITD). Submittals shall be provided to that Department for
requirements and comments. The 2000 Functional Street Classification
Plan designates this road as a principal arterial roadway.
3. A traffic study was submitted to the District analyzing the previous
layout. It concluded that left turning traffic from the project onto
Hwy. 44 would experience delays on the order of Level Of Service F
and E (AM and PM). Staff recommended that the layout be re -oriented
to direct traffic out to the north of the project, toward Hill Road rath-
er than State Street. The applicant agreed and prepared the attached
layout. Staff and the City approved the redesign, but never brought
the new design to the Commissioners attention.
4. ITD is in the final design process to realign State Highway 55 along the
east 120 -feet of subject parcel. The alignment has been duly adopted
by ITD.
5. The revised layout effectively divides the project into two spheres of
traffic influence, one south of a major drainage.canal running east to
west through the property and the other sphere north of the canal, the
southern sphere will be developed first. The northern sphere will not
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
7'RELIMINA.RY PLAT • GREAT S ESTATES
Octcber.29, 1993
'r' 19 e 2
be allowed to develop until Hill Road is rerouted or if a temporary
roadway is constructed with at least 28 -feet of pavement from the
project to the existing Hill Road.
The street pattern directs most of the traffic cut to the north for fu-
ture connection to Hill Road after ITD constructs State Highway 55 and
the Eagle By -Pass, which will severely restrict the ability to access
State Street from this project.
6. Access to Hill Road cannot be obtained until the acreage north of this
parcel is developed to provide the link between this project and Hill
Road. Staff understands this developer is working to acquire this
property to complete the reorientation of his project.
SITE SPECIFIC REQUIREMENTS:
1. Direct lot or parcel access to collector streets is pronlnited, in compli-
ance with District policy. Lot access restrictions shall be stated on the
final plat.
2. Comply with requirements of ITD for State Highway 44 and the new
Ltate Highway 55 frontage. Submit to the District a letter from ITD
regarding said requirements.
3. A public road connection into the northern portion of the project (north
of the canal) will be required before the District will allow platting and
construction of this part of the project. Coordinate with District staff.
STANDARD REQUIREMENTS:
1. Street and drainage improvements required in the public right-of-way
shall be designed and constructed in conformance with District stan-
dards and policies.
2. Dedicated streets and drainage systems shall be designed and construct-
ed in conformance with District standards and policies.'
3. Specifications, land surveys, reports, plats, drawings, plans, design
information and calculations presented to ACHD shall be sealed, signed
and dated by a Registered Professional Engineer or Professional Land
Surveyor, in compliance with Idaho Code, Section 54-1215.
4. Provide written approval from the appropriate irrigation/drainage dis-
trict authorizing storm runoff into their system.
5. Locate obstructions (utility facilities, irrigation and drainage appur-
tenances, etc.) outside of the proposed street improvements. Authoriza-
tion for relocations shall be obtained from the appropriate entity.
:RnJMIN1%RI ?LAT - GREP- 'SKY ESTATES
'' ::!'.ober. 29, 1993
Page 3
. C:.ntinue existing irrigation and drainage systems across parcel.
Submit three sets of street construction plans to the District for review
and appropriate action.
2. Submit site drainage plans and calculations for review and appropriate
action by ACHD. The proposed drainage system shall conform to the
requirements of the City of Eagle and shall retain all storm water on-
;iLe.
Public street drainage facilities shall be located in the public right-of-
way or in a drainage easement set aside specifically for that use.
There shall be no trees, fences, bushes, sheds, or other valuable amen-
ities placed in said easement.
Provide design data for proposed access to public streets for review
and appropriate action by ACHD.
10. Locate driveway curb cuts a minimum of 5 -feet from the side lot proper-
ty lines when the driveways :are not being shared with the adjacent
property.
11. Developer shall provide the District with a copy of the recorded plat
prior to the installation of street name signs. Street signs will not be
ordered until all fees have been paid and a copy of the recorded plat
has been provided to ACHD staff. The copy of the recorded plat shall
show the recording information as inscribed by the Deputy County
Recorder.
1.?. Install a stop sign on every unsignalized approach of a project street to
an intersection involving a collector or arterial.as the cross -street.
The stop' sign shall be installed when the project street is first accessi-
ble to the motoring public.
13. A right-of-way permit must be obtained frcm ACHD for all street and
utility construction within the public right-of-way. Contact Construc-
tion Services at 345-7667 (with zoning file number) for details.
—PRELIMINARY PLAT -. GREAT S ESTATES
c coker 2q, 1993
Page 4
i4. A request for :modification, variance or waiver of any requirement or
policy outlined herein shall be made, in writing, to the Manager of
Engineering Services within 15 calendar days.of the original Commission
action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity.
Should you have any questions or comments, please contact the Develop-
ment Services Division at 345-7662.
STAFF SUBMITTING: DATE OF COMMISSION APPROVAL:
Lacry Sale
N O V o 3 1993
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LOT TABULATION
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GREAT SKY ESTATES
J -U -B ENGINEER
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CITY OF EAGLE
IN THE MATTER OF
GREAT SKY ESTATES
AN APPLICATION FOR A
SUBDIVISION PRELIMINARY
PLAT AND REZONE
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On February 23, 1993, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Sections 8 and 9, Eagle City Code, Gary Lee, JUB Engineer and,
representative for the project and Trevor Roberts the owner and
developer of the Great Sky Estates project, came before the Eagle
City Council for the City of Eagle, Idaho, requesting approval of
a consolidated application for (1) a subdivision preliminary plat
and (2) a rezone of the property from C2, General Business District
to R4 -Residential, (four single family dwelling unit per acre).
Based on the application, testimony from the applicant and all
interested parties, including written testimony received and into
record, together with all documentary evidence submitted concerning
the application, the Eagle City Council finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to
relevant public entities, including Central District Health,
Eagle Sewer District, Idaho State Transportation Dept.,
Meridian School District, Eagle Water Co., Eagle Fire Dept.,
Idaho Power, Ada County Development Services and others.
Responses from those entities are as follows:
Eagle Sewer Dist: property is within the planning area and
annexed. The district approved the concept but must reserve
final approval until detailed sewer plans are received.
Drainage Dist #2: 1. needs 100 ft exclusive drainage
easement and drainage plans approved by District, 2. plans
for the bridge which is to go over a portion of the District's
drainage ditch and across exclusive drainage easement, 3. an
executed agreement and costs paid.
Drainage Dist. #2: Mr. Gass, attorney for the District
requires a map showing the District's one hundred foot
exclusive drainage easement running 50 ft. on each side of the
center line of the ditch for the bridge. There must be an
agreement to grant the development license to encroach upon
the exclusive drainage easement.
ACHD: will require at least a 165 ft. easement and further
review of the project.
Boise School Dist: Pierce Park District. The elementary
school is closed enrollment in some grades, students from this
subdivision may be bused to another school, Hillside Jr. High
will have closed enrollment before this development is built,
students will be bused to North Jr. High.
New Dry Creek Ditch Co: As an additional requirement, all
lateral service ditches must be protected. This issue is
addressed in Idaho State Code. The developer shall not impede
the delivery of water to any of the shareholders. G.S. should
be required to utilize as much of the irrigation water as
possible. The ditch company has excellent water rights and
water is inexpensive.
ITD: The following issues are to be discussed with the
developer:
1. Right-of-way proposal, 2. Main access to the subdivision,
3. Ditch Rider access Road, 4. North access to Hill Road, 5.
Utility crossings on new alignment. Further, the developer,
should include provisions for noise abatement in the initial
construction.
Division of Environmental Quality: Concerned about adequate
water and sewer service, including fire flows and wetlands.
Will require additional information.
Eagle Fire Dist:
1. requires address numbers on all buildings
2. Fire apparatus access roads
3. Fire flow requirements for buildings
4. compliance with spacing between hydrants
5. bridges will support weight of fire trucks
6. completion of Eagle Water Co. Hydraulic
analysis
7. contingent on report, that adequate water for
fire flows can be provided
Eagle Water Co: 2/12/93:will provide water service to the
subdivision under rules and regulations as provided for by
RUC. 1/19/93: Letter of application for Franchise for Great
Sky
U. S. West: Requires 10 -foot wide public utilities easement
Central Dist. Health: can approve with required conditions
for central water and sewer.
2. On January 4, 1993, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was
presented by neighborhood property owners that the proposed
development may have an adverse impact on water and drainage.
Other concerns were regarding sewer, congestion, one access
and request fencing of the W. border. Written testimony was
received from Michael N. and Julie Jeppson Morgen in
opposition to the lot sizes and water rights.
3. A presentation by Gary Lee of JUB Engineering was given to
Council. Mr. Lee informed the Council of changes in the
preliminary plat to comply with ACHD and Eagle Planning and
Zoning Commission recommendations and requirements. The
project now includes 211 units, at 3.1 units per acre, a
change from the originally proposed 226 units. There are now
22 common lots, landscape and berms along State St. and
Highway 55. There are tot lots and landscaped entry. The
canals will be open space and some landscaping. The 211 units
will be standard structure and manufactured homes. The
project will have central sewer and the water will be provided
through the Eagle Water Co. The first phase would be the S
boundary along Highway 55, the next phase along the alternate
Highway 55.
Mike Miller presented the landscaping plan for the project to
Council. The pathway through the project will include a 5 ft.
paved pathway along Highway 55 and a 10 ft. paved pathway
along State Street. There are 15 small parks. Mr. Miller
suggested because of the traffic problem they could consider
just building phase 1, a total of 98 units, until the road
_problems were resolved.
4. The findings of the Eagle Planning and Zoning Commission
concluded that the preliminary development plan was not
consistent with the intent and purpose of Title 9 of the Eagle
City Code. The Commissioners concluded that the development
was premature due to the conditions not being satisfied to
date, specifically, questions remain regarding adequate
service by essential public facilities and services, and
recommended denial of the preliminary plat.
The Commission concluded, however, there was, adequate
evidence showing that this development use at the proposed
location satisfies the general standards for approval of a
rezone and subdivision set forth in said Sections of the Eagle
City Code. Specifically, that the use will be harmonious with
and in accordance with the general objectives of the Land Use
section of the Eagle Comprehensive Plan, and Eagle City Code,
Title 8, Zoning, and therefore, recommended approval of the
rezone.
5. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
Eagle Comprehensive Plan:
Purpose and Scope: (a) to protect property rights and enhance
property values, (f) to encourage urban and urban -type
development within the incorporated City limits of Eagle (g)
to avoid undue concentration of population overcrowding of
land, (h) to ensure the development of land is commensurate
with the physical characteristics of the land.
Parks, Recreation and Open Space: 1. Create ample areas and
facilities for our citizen's diverse indoor and outdoor park
and recreational interest, 2. to encourage development of
parks and recreational programs which meet the different
needs, interest, and age levels of our citizens who reside in
both the rural and urban areas, 3 Set aside for enjoyment
adequate amounts of open space --- 4. Developers shall be
encouraged to dedicate and develop areas for parks or tot lots
in new residential developments.
Transportation: Transportation and land use planning must be
compatible. The City of Eagle is responsible for land use and
transportation planning within the Eagle Impact Area. The
Eagle Planning and Zoning Commission shall coordinate with the
appropriate transportation network planning agency for all
planned development that falls outside the authority of the
City.
Housing: 1. A wide diversity of housing types and choice
between ownership and rental dwelling units shall be
encouraged for all income groups in a variety of locations
suitable for residential development. 2. The location of all
housing shall be coordinated with provisions for adequate
public facilities and services. 3. Developments of housing for
all income groups close to employment and shopping centers
shall be encouraged, 4. Housing shall be encouraged which. is
in accordance with local building codes and provides for
energy saving design, 5. An open housing market shall be
encouraged for all persons regardless of income, race, age,
sex, religion or ethnic background, 6. The use of materials
and techniques that will maintain a high level of quality
while lowering cost and speeding construction shall be
encouraged.
Land Use: Policies and Goals (1) The residential densities in
the City limits shall not exceed twenty-five (25) units per
acre.
The proposal for this subdivision is based on the housing
needs of the City of Eagle. The City of Eagle has many
residential areas with larger lot sizes not economically
accessible to the needs of some families. This subdivision
lends itself to those families that would benefit by a
subdivision developed with affordable housing by means of
standard framed and manufactured housing with a minimal amount
of common areas and parks in keeping with the affordable
housing concept.
Eagle City Code:
Title 6, Chapter 5: Review of landscaping plans for entrances
to subdivisions
Title 9 -Land Subdivisions:
9-1-3: PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
9-2-3: PRELIMINARY PLAT PROCEDURES
9-2-4: FINAL PLAT PROCEDURES
9-3-1: Design standards
A. Street location and arrangements: When an
official street plan or comprehensive development
plan has been adopted, subdivision streets shall
conform to such plans
B. Minor Streets: Minor streets shall be so
arranged as to discourage their use by through
traffic
C. Stub Streets: Where adjoining areas are not
subdivided the arrangement of streets in the new
subdivisions shall be such that said streets extend
to the boundary line of the tract to make
provisions for the future extension of said streets
into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac.
D. Relation to Topography: Streets shall be
arranged in proper relation to topography so as to
result in usable lots, ----
E. Alleys: ---
F. Frontage Roads: ---
G. Cul -De -Sac Streets: shall not be more than 500
ft. in length and shall terminate with an adequate
turnaround having a minimum radius of 50 ft. for
right of way
H. Half Streets: ---
I. Private Streets: shall be prohibited ---
J. Driveways: Providing access to no more than 2
dwelling units shall be allowed.
9-3-7: Planting strips and reserve strips standards
a. planting strips shall be required to be placed next
to the incompatible features such as highways, railroads,
commercial or industrial uses to screen --shall be a
minimum of 20 f t . wide and not part of the normal street
right of way or utility easement.
9-4-1: Required improvements, (the following are only a
portion of the code)
a. Street lights
b. Sidewalks and pedestrian walkways
c. Water supply and sewer systems
d. Storm drains
e. Fire hydrants
f. Greenbelt areas (may be required)
9-4-1-9: Water supply and sewer systems
9-4-1-10: Storm drainage, Flood controls
9-4-1-12: Greenbelt Areas, landscaping screening
9-4-2-2: Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit:
CONCLUSION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council concludes the following:
1. The application submitted for Great Sky Estates Subdivision for
a rezone from a (C2) Central Business District to a (R4)
Residential Districts in accordance with the Land Use Section of
the Eagle Comprehensive Plan and described in ECC 8-2-1. The
requested rezone serves the welfare of the general public and is in
the best public interest.
2. The granting of the application for a rezone does not violate
the Idaho Code nor nullify the interests or purposes of the Eagle
City Code sections listed above, or the Eagle Comprehensive Plan as
outlined above. The Comprehensive Plan is a policy document
intended to be used as a guide. It should be followed as closely,
as reason, justice and its own general character make it practical
and possible. The Comprehensive Plan is not a precise plan and
does not show nor intend to show the exact outline of use
distr&cts. It shows, rather, the general location, character and
extend of land use patterns.
3. The Eagle City Council approves the application for a rezone
from C2 (General Business District) to R4 (Residential 4 units per
acre) as outlined in the Eagle City Code, Section 8-2-1.
4. The application submitted by Great Sky Estates Subdivision for
a preliminary subdivision is in accordance with the Purpose and
Scope, Parks and Recreation, Transportation, Housing and Public
Services, Facilities and Utilities Sections of the Eagle
Comprehensive Plan.
5. The granting of the application for a preliminary plat for said
subdivision does not violate the Idaho Code nor nullify the
interests or purposes of the Eagle City Code, specifically:
Title 9-3-1 Design Standards
9-3-7: Planting strips and reserve strips standards: A condition
of approval is berming of at least a four foot high sight obscuring
berm along the S end and adjacent to SH 44 and the proposed new
route of SH 55, bordering the E side of the development, a strip of
land not less than 20 ft in width planted with dense planting
acceptable by the Tree Parks Committee.
Title 6: Landscaping for Entrances to Subdivisions: Compliance
with the Committee recommendations.
Title 9-4-1: Required Improvements:
a. Street lights
b. Sidewalks and pedestrian walkways
c. Water supply and sewer systems
d. Storm drains
e. Fire hydrants
f. Pathways
9-4-1-9: Water supply and sewer systems
6. Other conditions of approval are as follows:
to allow development only in the southern portion of the project,
bounded by Hiahwav 55 on the east, the drainage ditch #2 to the
north, Randall Acres to the west and State St to the south, known
as Phase 1, conditioned upon compliance of the City conditions
presented tonight, and in addition, the pathway will be completed
in phase 1. This project includes berming, which will have at
least a four foot high sight obscuring berm along the S end and
adjacent to SH -44 and the proposed new route of SH-55(bordering the
E side of the development), a strip of land not less than 20ft in
width planted with dense planting acceptable by the Tree/Parks
Committee.
7. The City of Eagle Standard Subdivision Conditions are as
follows:
1. Developer and/or owner shall comply with all requirements of
Ada County Highway District including approval of the drainage
plan, requirements for installing curb, gutter, sidewalks and
paving throughout the subdivision or as specified by the Ada
County Highway District. Signature by the Ada County Highway
District on the plat is required prior to signing of the final
plat by the City Engineer. (I.C. title 50, Chapter 13.)
2. Correct street names as approved by the Ada County Street Name
committee shall be placed on the plat prior to signing of said
plat by the City Engineer.
3. Approval of sewer and water facilities, the Idaho Dept of
Health & Welfare and Central District Health are required. The
signature by the Ada County Central District Health Department
is required prior to signing of the final plat by the City
Engineer (I.C. Title 50, Chapter 13 and I.C. 39-118)
The developer shall comply with Eagle City code 9-4-1
pertaining to required improvements within subdivisions.
Required improvements shall include, but not be limited to,
extending all utilities to the platted property. Complete
construction plans of water and sewer systems shall be
submitted to and approved by the City Engineer prior to
signing the final plat by the City Engineer. The developer
may submit a letter in lieu of plans explaining why plans are
not necessary.
4. The developer shall place a note on the face of the plat which
states: "Minimum building setback lines shall be in accordance
with the City of Eagle Zoning Ordinance at the time of
issuance of the building permit or as specifically approved".
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
5. Prior to submitting the final plat for recording, the
following endorsements or certifications must be executed:
Signatures of owners or dedicators, Certificate of the
Surveyor, Certificate of the County Engineer, Certificate of
Central District Health Dept., Certificate of the City
Engineer and City Clerk and signatures of the Commissioners of
the Ada County Highway District and the Ada County Treasurer.
6. A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations, Minimum flow per hydrant shall be 1000
gallons per minute.
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
7. Compliance with Idaho Code, section 31-3805, concerning
irrigation rights, transfer and disclosure.
A. 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
B. The subdivider has provided for underground tile or
other like satisfactory underground conduit to permit the
delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
1. Developer may either construct prior to final
platting or bond in the amount of 110% of the
estimated construction costs.
2. Plans must be submitted to the City Engineer
showing the delivery system and approved by a
registered professional engineer prior to signing
of the final plat by the City Engineer.
8. Developer and/or owner 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 signing of the final plat
by the Eagle City Engineer. A copy of the construction
drawing(s) shall be submitted with the letter.
A. For drainage facilities not belonging to ACHD, the
developer may either construct prior to final platting or
post bond/agreement in the amount of 110% of the
estimated construction costs.
9. 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 all
common areas, storage facilities, recreational facilities,
street lights or open spaces shall be reviewed and approved by
the Eagle City Attorney prior to signing of the final plat by
the Eagle City Engineer.
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 signing of the final plat by the City
Engineer.
10. Street light plans shall be submitted and approved as to the
location, height and wattage to the City Engineer prior to
signing of the final plat by the City Engineer. All
construction shall comply with the City's specifications and
standards. The Developer has the option of completing street
light installation prior to signing of the final plat by the
City Engineer or bonding for the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title
9, Chapter 4, Section 9-4-2.2, which specifies that the
improvements to be made shall be done in a time period "not to
exceed one year from the date of approval of the final plat".
A. Developer and/or owner shall pay street light inspection
fees on the proposed subdivision prior to signing of the
final plat by the Eagle City Engineer.
11. Developers and/or owner shall delineate on the face of the
final plat an Eagle City street light easement, acceptable to
the City Engineer, for the purpose of installing and
maintaining city -owned street light fixtures, conduit and
wiring lying outside the dedicated public right-of-way, prior
to signing of the final plat by the City Engineer.
12. The Developer and/or owner shall provide utility easements as
required by the public utility providing service prior to
signing of the final plat by the City Engineer.
13. The developer and/or owner shall comply with the provisions of
the Eagle City Code which specify limitation on time of
filing. A request for time extension, including the
appropriate fee, shall be submitted to the City Clerk for
processing.
14. Should the homeowner's association be responsible for the
operation and maintenance of the storm drainage facilities,
the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the
Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to signing of the final plat by the
Eagle City Engineer.
15. The developer is to place a note on the face of the plat which
states: "This subdivision is subject to the requirements of
the Uniform building Code (UBC) as regulated by the City of
Eagle."
16. No ditch, pipe or structure for irrigation water or irrigation
waste water shall be obstructed, routed, coveredor changed in
any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the ditch
company officer in charge. A copy of such written approval by
the ditch company officer shall be filed with the construction
drawing and submitted to the City Clerk prior to signing of
the final plat by the City Engineer.
17. Approval of all well water for domestic use by the Idaho
Department of Water Resources shall be obtained prior to
signing of the plat of phase 1 by the Eagle City Engineer.
18. If applicable, Developer shall comply with all requirements
and restrictions of the Eagle City Code and Eagle
Comprehensive Plan, sections regulating Special Development
Subdivisions including, but not limited to, Hillside
Subdivisions, Planned Unit Developments, Cemetery
Subdivisions, Floodplain Development, Areas of Critical
Concern and special designated areas recognized to be
historic, environmental, scenic or have architectural
significance.
19. The City Parks Committee shall review and approve or reject
all landscaping applications required to be submitted for the
development of parks and landscaped areas and planting of
street trees, and shall oversee such development and planting
for the welfare of trees, shrubs and other vegetation to all
entrances to subdivisions.
20. Developer may either construct the improvements required
herein before filing the final plat or provide a financial
guarantee of performance as provided under Eagle City Code
Section 9-4-2, such as a performance bond, cash deposit,
certified check, negotiable bond or bank letter of credit, in
the amount of 110% of the total estimated cost for completing
construction. Such financial guarantee shall be for a period
of one year, unless a different period is specified by the
City Council. The described financial guarantee of
performance need not be provided for those improvements for
which a comparable guarantee has been provided to another
political subdivision having jurisdiction over said
improvements and for which proof of said comparable guarantee
is provided. Any financial guarantee required hereunder must
be submitted to and approved by the City Clerk and City
Engineer prior to the City Engineer signing the final plat.
21. Manufactured homes will be placed on permanent concrete
foundations constructed to HUD standards and the standards of
the Uniform Building Code adopted by the City of Eagle.
22. Will have at least a four foot high sight obscuring berm along
the along the S end and adjacent to SH -44 and the proposed new
route of SH-55(bordering the E side of the development), a
strip of land not less than 20 ft in width planted with dense
planting acceptable by the Tree/Parks Committee. The pathways
are to be completed in phase 1.
ONLY PHASE ONE IS TO BE DEVELOPED AT THIS TIME
Based. on the foregoing findings the Eagle City Council approves the
application for the preliminary plat submitted on behalf of Great
Sky Estates.
ADOPTED by the Eagle City Council of the City of Eagle, Idaho this
9 ,4ay of Marcli , 1993.
el\R VED:
l'AS1EVE-GUERBER rErARBARA-TGOMER CMC
T EST :
CITY OF EAGLE
Mayor: Rick Yzaguirre
May 24, 2000
Mark Butler
222 E. State St
Eagle, ID 83616
Dear Mr. Butler:
CITY OF EAGLE
P.O. Box 477
Eagle, Idaho 83616
939-6813
Council: Stanley J. Bastian
Steve Guerber
Nancy Merrill
Lynne Sedlacek
Enclosed you will find a copy of the Findings of Fact for Great Sky Estates dated March
9, 1993, which you requested in your public record request dated May 23, 2000. As for
the remainder of your request "any other findings for Great Sky if there are any", our
records are available for your review should you like to schedule a designated time to
examine them. It is not our policy to do general searches for data.
Please call to schedule a time that will be convenient for you to review the files.
Sinc;rely
ae Ead6C)/1--
Tracy E. O orn,
Deputy City Clerk