Minutes - 2000 - Planning & Zoning - 10/16/2000 - Regular
ORrGINAL
EAGLE PLANNING AND ZONING COMMISSION
October 16, 2000
6:30 PM
The Planning and Zoning Commission met in regular session on October 16, 2000
Chairman Franden presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were present BLOOM, DECKERS,
FRANDEN, NORDSTROM, absent CADWELL. A quorum is present.
3. CONSENT AGENDA:
A. Minutes of October 2, 2000.
B. Findines and Conclusions for CU-13-00 - Washine:ton Federal Savine:s Bank
~th Drive-up Service - Washine:ton Federal Savine:s: Washington
Federal Savings, represented by Pat Walsh with ZGA Architects and Planners, is
requesting conditional use approval to construct a 3,695-square foot bank facility
with drive-up service within the CBD (Central Business District). The site is
located on the south side of State Street approximately 200-feet west of Palmetto
A venue at 701 East State Street (Lot 2, Block 1 of Periwinkle Subdivision).
C. ~ine:s aß(~ Conclusions for CU-15-00 - Wireless Facility Heie:ht Exception-
U. S. West Wireless LLC: U. S. West Wireless LLC, represented by Paul Hoffman
with W & H Pacific, is requesting conditional use approval to install a wireless
antenna on a replacement light standard structure. The site is located on the east side
of Park Lane approximately Y2 mile north of Highway 44 at 574 North Park Lane.
D. ~ine:s aß(~ Conclusions for PP-12-00 - Trolley Square Subdivision: The
applicant is requesting preliminary plat approval for Trolley Square Subdivision, a
26.9-acre, 23-lot commercial subdivision. The site is located on the north side of
State Street approximately 100-feet east of Palmetto A venue.
E. Findine:s aß(~ Conclusions for CU-12-00 - Trolley Square Shop pine: Center:
The applicant is requesting conditional use approval for Trolley Square Retail
Shopping Center/Office Park. The 26.9-acre site is located on the north side of State
Street approximately 1O0-feet east of Palmetto A venue.
F. Findine:s and Conclusions for RZ-12-00 - Rezone from A (Ae:ricu~tural) to MU-
DA (Mixed Use - with Development Ae:reement): The applicant is requesting
rezone from A (Agricultural) to MU-DA (Mixed Use with development agreement).
The 24.8-acre site is located on the west side of Edgewood Lane approximately 1/3-
mile north of State Street at 200 Edgewood Lane.
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Bloom moves to approve items 3A, 3B and 3D from the consent agenda. Seconded
by Nordstrom. ALL A YE...MOTION CARRIES.
Items 3C 3E & 3F are removed from the consent agenda and moved to old business.
4.
OLD BUSINESS:
Deckers moves to approve 3C as amended. Seconded by Bloom. ALL AYE...
MOTION CARRIES.
Deckers moves to continue 3E to the November 6, 2000 Planning & Zoning
Meeting. Seconded by Bloom. Discussion. ALL AYE... MOTION CARRIES.
Deckers moves to approve 3F as amended. Seconded by Bloom. ALL AYE...
MOTION CARRIES.
5.
PUBLIC HEARINGS:
A. Arbor Ride:e - PP-I0-00 - Stacia Patterson: Stacia Patterson, represented by Mark
Butler with Land Consultants Inc., is requesting 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.
Franden introduces the item.
Deckers will recuse himself from item 5A.
Mark Butler 222 East State Street, Eagle Idaho representing Stacia Patterson reviews
the application.
Vaughan reviews the staff report.
Franden opens the public hearing.
William Pardew, 2385 East Floating Feather Road, Eagle, Idaho. Mr. Pardew
presented a letter referencing his concern regarding the Preliminary Plat which shows
no stub street into his property to the north.
Wayne Glubay, 500 N. Rene, Eagle, Idaho. Mr. Glubay owns property to the west
and south of the canal and is also concerned about stub streets to his property. He
would like to use fences and berms to block his farm equipment. He is also
landlocked and would like the developer to follow the city ordinance.
Ann Pardew-Peck and Bryant Peck, 2425 East Floating Feather Road Eagle, Idaho.
Concerned about traffic into Seven Oaks elementary school. Interconnect activity
would be much better with stub streets. Is also concerned about the major
reclamation project.
Steve Deckers, 2249 Dickey Circle, Eagle, Idaho. Evans Homeowners Association
is in agreement with this subdivision but they have some site-specific conditions they
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would like addressed. Would like the blowout moved. Require the developer to
add sidewalks to the south side of Sadie and stripe a five-foot pedestrian walkway.
Also complete these conditions prior to issuing a building permit. Do deep core
samples. All construction traffic would be prohibited off of Dickey into the site.
Mark Butler rebuts the testimony. Mr. Butler states that they will take care of stub
streets into adjoining properties only if forced to.
Discussion between Commission and Mr. Butler.
Franden closes the public hearing.
Franden moves to have the developer work with the staff to create a new
document (revised plat) to bring this proposal back to the Commission at the
November 6, 2000 Planning and Zoning Meeting. Seconded by Bloom. ALL
A YE... MOTION CARRIES.
Franden calls five-minute recess.
B. Williamsbure: Subdivision -PP-13-00- Martv Camberlane:o: Marty Camberlango
is requesting preliminary plat approval for Williamsburg Subdivision, a re-
subdivision of Benchmark Subdivision, (formally Morning Meadow Manufactured
Home project). The 9.83-acre, 58-lot subdivision is located approximately Y2 mile
north of Floating Feather Road, abutting Hwy 55 on the west and Horseshoe Bend
Road on the East.
Franden introduces the item.
Marty Camberlango 1110 Five Mile Road, Boise, Idaho presents the application.
Vaughan presents the staff report.
Franden opens the public hearing.
Deckers ask questions of the applicant, Marty Camberlango regarding sewer lines.
Discussion between Commission and Vaughan regarding fencing and landscaping,
what's existing and what's proposed.
Discussion between staff and Commission on manufactured homes versus mobile
homes.
Franden closes the public hearing.
Discussion amongst the Commission.
Vaughan addresses the Commission regarding the buffered areas.
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Deckers moves to deny Williamsburg Subdivision -PP-l3-00- Marty
Camberlango based on the application not meeting the minimum buffering
requirements. Seconded by Bloom. Discussion. ALL AYE... MOTION
CARRIES.
C. Zonine: Ordinance Amendment - ZOA-4-00 - David Roylance and Ron Bath:
David Roylance and Ron Bath, represented by Mark Butler with Land Consultants
Inc., is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 6 "Planned
Unit Developments", Section 5 "Site and Structure Regulations and Requirements",
Subsection 4 "Increased Residential Density"; Providing a Severability Clause; And
Providing an Effective Date. The amendment is to provide additional incentive for
communities for "older persons" (55 and over) to be included within residential
Planned Unit Development.
Franden introduces the item.
Mark Butler 222 East State Street Eagle, Idaho representing the applicant presents
the application.
Vaughan presents the staff report.
Franden opens the public hearing.
Ron Bath 1729 S Whitney Lane Eagle Idaho, presents photos of senior citizens and
statistics on age distribution in Idaho, to present his point that seniors want to make
choices.
Franden closes the public hearing.
Discussion amongst Commission.
Discussion between City Attorney and Commission.
Blooms moves to continue Zoning Ordinance Amendment - ZOA-4-00 - back
to staff. Seconded by Deckers. ONE AYE (Deckers) THREE
NA Y. ..MOTION FAILS.
Deckers moves to continue Zoning Ordinance Amendment-ZOA-4-00 to the
next Planning & Zoning meeting. Staff will clarify the language; specifically
three dwelling units per gross acre. The density increase applies only to the
portion that is restricted to older persons. How the minimum lot sizes are
calculated. Add language that prohibits this in the tOO-year flood plain. The
attorney needs to further research options restricting communities and
enforcing being restricted to older persons. Spell variety correctly. Bump to
R-3 and apply density gain to this. Seconded by Franden. Discussion. 3 AYE
1 NAY (Nordstrom)... MOTION CARRIES.
Page 4 of 6
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Deckers amends previous motion to change the date to December 4, 2000.
6.
NEW BUSINESS:
A. FPUD-3-00 & FP-5-00 - Final Development Plan and Final Plat for Pacific
Heie:hts PUD Subdivision: Eagle Heights Development, Inc., represented by Ted
Martinez and Joe Harris, is requesting final development plan, and final plat
approval for Pacific Heights Subdivision, a 5.6-acre, 47-lot (42-buildable) residential
planned unit development subdivision located on the south side of E. State Street
approximately %-mile west of Edgewood Lane.
Jim Reese 707 North 27th Street Boise, Idaho. Had an unintentional error in their
report found when transferring water rights for the well, so propose to use domestic
system for irrigation.
Vaughan presents the staff report.
Discussion between Commission and Vaughan regarding water rights.
Deckers would like to add site specific condition to define older person as persons 55
years or older. This will be reflected in the CC&R's.
City Attorney addresses this issue.
Nordstrom moves to approve FPUD-3-00 & FP-5-00 - Final Development Plan
and Final Plat for Pacific Heights PUD Subdivision with additional site specific
specifications assuring the language is addressed in the final draft of the CC&
R's. Also, the final plat reflects that the developer will provide city water for
irrigating. Discussion. Seconded by Deckers. ALL AYE... MOTION
CARRIES.
7.
REPORTS:
A. Commission: Deckers reports Design Review is looking for a new member.
B. City Attorney: None
C. Staff: None
8. ADJOURNMENT: Bloom moved to adjourn at 10:15. Seconded by
Deckers. ALL A YE...MOTION CARRIES...
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RESPECTFULLY SUBMITIED:
SHi\: ON K. MOORE
CITY CLERKffREAS URER
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY
HALL.
Page 6 of 6
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: PP -10-00 — Arbor Ridge — Stacia Patterson
October 16, 2000
6:30 P.M.
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Page 1 of 1
PRO? CON?
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject: PP-13-00 —Willaimsburg Subdivision— Marty Camberlango
October 16, 2000
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: ZOA-4-00 —Zoning Ordinance Amendment— David Rovlance and Ron Bath
October 16, 2000
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
24n.i goi-r-d-
ADDRESS
TELEPHONE PRO? CON?
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Page 1 of 1
PP -10-00: Arbor Ridge Subdivision
Add the following to the Site Specific Conditions of Approval, Pages 11-13 of 17.
Q4 -Z. ,16-°°
October 16, 2000
16. Relocate the Evans Water Corporation water line blowout currently located at the East end of Sadie
Drive.
17. As an offsite improvement, install a 5' wide attached sidewalk along the South side of Sadie Drive
for the entire length of Sadie Drive. This sidewalk shall be installed within the existing 50' ACHD
right-of-way. The applicant shall provide a written statement of approval from ACHD for this off-
site improvement. A portion of this sidewalk could be built out onto, and thus subtracting from, the
current roadway, providing that the finished roadway is not reduced to less than 33' as measured
from back of curb to back of curb (but not including future attached sidewalk).
18. In addition to the offside improvement of condition 17, the applicant shall stripe 5' of roadway
along the East side of Dickey Road as a pedestrian walkway, and install "No Parking" signs along
the East side of Dickey Road. This striped pathway shall extend from the intersection of Dickey
Drive and Sadie Drive to the intersection of Dickey Drive and Hill Road.
19. Conditions 17 and 18 must be completed prior to the City issuing a building permit for any homes
within Arbor Ridge Subdivision.
20. Building envelopes shall be shown on the plat map for Block 1, Lots 11 through 18. Deep bore
testing such as that recommended in the City Engineer's August 9, 2000 letter shall be submitted
indicating that these envelopes are suitable for building.
21. As per Site Specific Condition number 3 of the ACHD staff report, construction traffic shall not be
permitted to access the site using existing Sadie Drive. Construction traffic shall use the future
Arbor Ridge Way. The developer shall enter into a development agreement with the City restricting
access to Dickey Drive and Sadie Drive for all construction and building contractor traffic. Provide
a note in the subdivision's CC&R's restricting construction and contractor traffic to the access off of
Hill Road. Install temporary signage at the entrance to Dickey Drive indicating that construction
and contractor traffic is prohibited on Dickey Drive and Sadie Drive, and directing this traffic to use
the proper access off of Hill Road.
Make the following corrections to the Site Specific Conditions of Approval, Pages 11-13 of 17.
4. Provide a revised preliminary plat ... Lots 7 and 31, Block 5, and Lots 10 and 2 (insert correct lot
number), Block 6.
5. All street sidewalks shall be separated from the curb an ata minimum of 8 -feet to allow...
Pay close attention to the following:
Tabled site data on Page 4 of 17-- Must meet minimum lot size, minimum street frontage and
minimum common space acreage. These are addressed by staff recommended site specific
conditions 4, 9, and 10.
On Page 13 of the traffic analysis, it is stated that a left -turn lane is warranted at Hill Road. I do not
believe this is addressed in either the City staff recommendations nor the ACHD conditions of
approval. This should be addressed prior to platting the 23rd residential lot (as part of Site Specific
Condition 6 of the ACHD staff report).
Steve Deckers
Outline of concerns:
Arbor Ridge Subdivision
Eagle, Idaho
10/13/00
A: Stub Streets to adjoining properties.
1. The developer's main bone of contention has been and continues to be
financial.
Alternative plans have been offered that simply allow the developer to forgo
the expense of stub streets at the expense of the surrounding community. The
offerings to date include:
A. Forcing any and all traffic north to Floating Feather through Eagle
Point Sub, Echohawk Sub (to which the developer has stated that this
subdivision is already at max traffic) and Berkshire. This places the
sum total of all traffic entering Floating Feather at or about the
confluence of Seven Oaks Rd, the main entrance of a year round
elementary school. This also means that if the Glubay's wish to
develop without the cooperation of the Pardew's, his land is
effectively landlocked. If the Pardew's and the Glubay's develop, it
would require that a bridge be built crossing the canal and then
dedicated and maintained at taxpayer expense. Cost to taxpayers
would be considerably more than maintaining Stub streets.
B. Requiring adjacent property owners to pay for all land and costs
associated with installing Stub streets. This is clearly an attempt to
vacate a developer's responsibilities in order to maximize profits.
2. If traffic count as stated by the developer for the potential Glubay/Pardew
development is to excessive to be handled by routing through Arbor Ridge,
perhaps reducing density for Arbor Ridge should be proposed in order to
reduce traffic numbers at the time of full development of the area. Perhaps
furthering the "asset to the community" attitude, the developer may wish to
confer with adjacent property owners in order to establish a more fluent
preliminary plan that will benefit this community for years to come.
3. Interconnectivity is a desired effect that would be compromised
with the lack of sufficient stub streets. Law enforcement, Fire crews and
paramedics, Postal workers, waste removal personnel and others would have
to circumference an entire section in order to perform their respective tasks.
In fact, Mr. Butler has stated both publicly and privately that he is a big
proponent of interconnectivity and used this same argument to include a
connection to Sadie Dr. in order to assist the developer. Perhaps this
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argument is only used when it benefits the developer. ACRD has deemed it
absolutely necessary to include stub streets with interconnectivity as a portion
of their reasoning.
B. Boundaries
1. There appears to be discrepancies by virtue of recorded deeds in the
Northwest corner of Arbor Ridge that have not, as of this date, been addressed
by the applicant on the preliminary plat, even though they have had this
information for some time.
C: Open Space
1. There appears to be less than the required percentage of open space on the
preliminary plat.
D. Fencing Types and Materials
1. Standard cedar fencing has not proven out to be a good long-term solution.
Pets continually chew, break, and otherwise damage the slats. We would like
to see a vinyl or comparable fence following the highest contours in order to
minimize future conflicts.
E. CC&R's
1. Addressing the concerns of existing aesthetics for properties north and west,
we would like to see homes constructed on these fence lines no more than
single story in construction. This would provide for the least amount of view
obstruction possible.
F. Reclamation
1. Of extreme concern, especially in light of a recent homeowners association
battle with a developer that has failed to comply with the original conditions
of approval for subdividing (re: Sommerset Ridge II) is this developer's
financial ability, desire, and motivation to complete the reclamation of the
final phase of this development, namely the "gravel pit".
After developing the "easy" portions, what is to prevent the developer from
walking away from the final, more costly phase, leaving this community to
bear the brunt of a major expense in order to complete this project? As the
City Engineer stated in his report of August 2000, this reclamation would be
considerably more intensive than usual because of all the factor such as
2
housing, sewer lines, water lines, roadways, etc. We might suggest that the
reclamation project be completed first, prior to completing the more profitable
sections of this subdivision. Or in lieu thereof, a significant fund established
exceeding the amount estimated to complete this phase to be returned to the
developer on completion.
G. Contour
1. Contour lines do not appear to match actual physical differences as measured
9/00 by C. Bryant Peck and William W. Pardew using laser leveling
techniques. We request that actual contour differences be developed to
include surrounding properties in order to address accurate drainage and
landscaping issues.
SUMMATION
Business ventures have inherent costs and risks. For most types of ventures, rules and
restrictions are in place, due mostly to past mistakes and continuing education. Any
business that attempts to sidestep these rules and regulations in order to maximize profits,
generally leave messes for someone else to cleanup. Sometimes attempting to fix
problems left behind are so costly to correct that a community simply is forced to live
with the aftermath. We believe that this developer should be made to comply fully with
all rules and regulations and monitored closely so as to avoid future problems. If this
creates too narrow a margin for a sufficiently profitable development, we do not advocate
the public having to subsidize this venture.
Signed:
(///7
Ann M. Pardew-Peck and C. Bryant Peck
2425 E. Floating Feather Rd.
Eagle, Idaho 83616
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2385 East Floating Feather Road
P. O. Box 699
Eagle, Idaho 83616-0699
October 16, 2000
City of Eagle, Idaho
Planning and Zoning Commissioners
Eagle, Idaho 83616
Dear Commissioners:
We have several concerns regarding the preliminary plat application for Arbor Ridge
Subdivision in Eagle, Idaho.
The July 13, 2000, preliminary plat shows no stub street to the adjoining undeveloped
property north of Arbor Ridge Subdivision. This 5.75 acres of our property is landlocked on the
north side by Farmers Union Ditch canal. This parcel presently has access to Floating Feather
Road over a private narrow wooden bridge and private lane which do not meet ACHD road and
bridge design standards, and it has no access to existing stub streets.
Large subdivision developers can provide a great service to the community by providing
stub streets to future subdivisions. Future service consists of allowing adjacent subdivisions to
have access to each others roadway facilities for ease of movement and circulation between
subdivisions. This includes vehicular and pedestrian traffic. This will reduce traffic on arterial
roadways which results in less traffic volume and less damage to pavement roadway structure
costing taxpayers less money to repair. Children within subdivisions have greater ease in getting
on and off school buses where they are safer than on arterial roads where there is greater
exposure to accidents. It is important for the different public services—ambulance, police and fire
department vehicles to drive with ease from one subdivision to another using the shortest route to
respond to a crisis situation.
From the October 4, 2000, ACHD final staff report on the Arbor Ridge preliminary plat
under Facts and Findings, section K., Northern Parcel, states "it would be costly to construct a
bridge to ACHD standards, and expensive for ACHD to maintain."
In the "Site Specific Requirements" for ACRD approval of the Arbor Ridge Subdivision
final plat, the October 4, 2000, Ada County Highway District final staff report requirement
number 8 states "Construct and extend a stub street to the north property line, at a location to be
determined by District staff and the applicant. ..."
In the Eagle City Planning & Zoning Arbor Ridge staff report, page 13, item number one
under "standard conditions of approval" states "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 drainage system, curbs, gutters, streets and sidewalks."
Arbor Ridge Subdivision preliminary plat dated July 13, 2000, is not in compliance with
Eagle City Code Title 9 "Land Subdivisions". Chapter 3, Design Standards 9-3-2-1: Location:
Street and road location shall conform to the following standards: C. Stub Streets: "Where
adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such
that said streets extend to the boundary line of the tract to make provisions for the future
extension of said street into adjacent areas, and shall have a cul-de-sac or temporary cul-de-sac.
A reserve street may be required and held in public ownership." We are requesting that you
require Arbor Ridge Subdivision to comply with this Eagle City Code.
Another area of concern is that Arbor Ridge Lot 33 on the July 13, 2000, preliminary plat
may be encroaching on our private lane depending on how far north their lot line will be located.
The developer needs to address this problem.
We are concerned regarding the difference in elevation between the Pardew property and
Arbor Ridge Subdivision at the east half of our southern boundary. The Arbor Ridge property is
approximately six feet lower than the Pardew property. We need to know what is planned for
fill, berm and fencing in this area.
So as not to obstruct the view to the south. we are requesting only single level houses be
built adjacent to our property.
For the record, at the September 11, 2000, Eagle Sewer District meeting, Lynn Moser,
General Manager, stated that Arbor Ridge Subdivision would be annexed into the Eagle Sewer
District. and when the undeveloped property north of Arbor Ridge is developed, it will be
provided with Eagle Sewer District sewer service.
Very truly yours,
Aik„,21
William W. Pardew, P.E./L.S., Retired
(-7t.te-e_e,,,4
Helen S. Pardew
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Please consider amending site specific condition #15 as follows:
15. Provide a 5 -foot wide concrete meandering sidewalk along both sides of the entry
roadway for this site, labeled Arbor Ridge Way on the preliminary plat he 5
fe : allE shall -extend ,from the intersection of Arbor
Ridge Way and Honeysuckle Drive to a point south approximately 280 -feet.
From that point to Hill Road provide a 5 -foot wide concrete meandering sidewalk
along the east side of Arbor Ridge Way.