Minutes - 2013 - Planning & Zoning - 01/28/2013 - Special THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
January 28,2013
Special Meeting Minutes
1. CALL TO ORDER: Meeting called to order at 6:03 p.m.
2. ROLL CALL: Present: ROEHLING,AIZPITARTE, SMITH. Absent: TANNER, VILLEGAS.
3. 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 Chairman, a Commissioner,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 that contains written recommendations from the City of
Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of January 7,2013.
B. Findings of Fact and Conclusions of Law for RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12
-Mace River Ranch Planned Unit Development —Mace Ranch LLC.: Mace River
Ranch, LLC, Is Requesting A Rezone From A (Agricultural Up To One (1)Unit Per Twenty
(20) Acres) To R-2-DA-P (Residential Up To Two (2) Units Per Acre With a Development
Agreement PUD), Conditional Use, Preliminary Development Plan, Preliminary Plat
Approvals For Mace River Ranch Subdivision A 283-Lot (255 Buildable And 28 Common)
Residential Subdivision. The 192.76-Acre Planned Unit Development Is Generally Located
At The North Side Of West Mace Road West Of Eagle Road At 800 West Mace Road. Mace
River Ranch, LLC Mace River Ranch Planned Unit Development.
Chairman Aizpitarte notes the minute dates should be January7th.
Roehling moves to approve the minutes of January 7, 2013 with the spelling correction
noted. Seconded by Aizpitarte. ALL AYE...MOTION CARRIES.
Roehling moves to approve the findings of fact for RZ-05-12/CU-04-12/PPUD-02-12/PP-04-
12 - Mace River Ranch Planned Unit Development — Mace Ranch LLC.: as presented.
Seconded by Aizpitarte. Discussion. ALL AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. RZ-5-02 MOD2 -Development Agreement Modification—Instrument No. 107155763—
Lakemoor Development DMB Investments,LLC.: DMB Investments,LLC, represented by Dan
Torfin is requesting modifications to the development agreement(Instrument#107155763)associated
with the MU-DA(Mixed Use with development agreement)zoning of the property. The 178.5-acre, 240-
lot(142-residential, 53-commercial, 45-common)development is located on the east side of S. Eagle
Road approximately one-half mile north of Chinden Boulevard.
B. PP-03-05 MOD-Lakemoor Subdivision-BW Eagle,LLC: DMB Investments,LLC,represented
by Dan Torfin, is requesting preliminary plat modification approval for Lakemoor Subdivision a 330-lot
(231 buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot)
residential subdivision. The 178.52-acre site is generally located on the east side of Eagle Road
approximately 1000-feet north of Chinden Boulevard.
Chairman Aizpitarte introduces the items.
City Planner Williams asks that the 2 public hearings be heard at the same time with separate motions
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being made for the items. Williams also notes the two items provided the Commission forreview tonight
that came in after the packets were distributed. These items are correspondence from Michael E. Band
with Davison, Copple, Copple and Copple LLP., and the ACHD staff report(attached).
Dan Torfin, representing DMB Investments and BW Eagle LLC. This application was first presented to
the City in 2003. Mr. Torfin reviews the applications and the changes to the development agreement that
are being requested. Discusses phases that have already been constructed, as well as site amenities
including; pool house and cabana, pathways,the sewer lift station(that serves Lakemoor and surrounding
subdivisions and will serve the bluff in the future), several 404 permits have been obtained through the
Army Corps for improvements on the site along the river.
Question and answer between Commission and Mr. Torfin.
City Planner Williams reviews the Staff Reports for these items. Williams reviews the proposed changes
to the development agreement.
Aizpitarte opens the public hearing.
Susan Newton 686 E. Lake Brier Lane. She backs up to the "creek". She inquires if the newly proposed
homes/residents will be utilizing the existing pool?
Justin Bailey 2834 S. Lake Vista Eagle, Idaho. He would like clarification regarding the definition of an
assisted living facility.
Judy Fossgreen 361 E. Lake Briar Lane. Ms. Fossgreen asks about access to the subdivision and the
potential impact for drive-through traffic.
Mark Johnson 728 E. Lake Briar Ln. Mr. Johnson's concern is with area F that was originally shown as a
luxury hotel. The ingress and egress with the proposed residential lots will have a tremendous impact on
existing homeowners.
Patricia Stinton 757 E. Lakebrook. Ms. Stinton inquires how the general public would access the park.
Also is there a school associated with the school?
Robert Sarnoff 535 Eaglewoods Lane. He asks about a final proposal for the landscape plan and when
action will be taken on it. Mr. Sarnoff also feels that section F is high density for the development.
Justin Bailey comments that he hopes the park would be accepted and developed by the City.
Judy Fossgreen she inquires about street access along the Boise watershed.
Planner Williams states that the developer will be required to install the road to the standards of a
collector as required by Ada County Highway District.
Dave Johnson 375 S. Eaglewood Lane Eagle, Idaho. Mr. Johnson would like clarification on the loft
building and the 2 or 3 story buildings that were mentioned, as well as the density. The use of the pool is
not a concern, but the increase in traffic and parking challenges with the addition of more residents may
create hazards. He would hope that another pool and playground would be installed if additional
residential lots are allowed.
Pat Borschowa 2890 Brookwater Eagle, Idaho. Mr. Borschowa is concerned as to what the designated
park area might be developed as if the City does not exercise the option to put the park in, he had been
told that it would not be residential.
Jeff Sovalich S. Vista Ln. He inquires who will maintain the collector road. He also asks if the density
of section F will be compared to section A.
Planner Williams responds that the collector will be maintained by Ada County Highway District.
Wayne Theil 3970 E. Chinden Blvd. Eagle, Idaho. Mr. Theil is very concerned about traffic and the
potential extension of the roads.
Torfin provides response to some of the questions posed during the public hearing. He states that the
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City can request the property at anytime and they are ready to donate it. If the City does not exercise its
option to obtain the property the developer would have to go back through the City public hearing
process. There will be amenities in the newly developed areas that will available for use by all sections
of the development, for example a tennis court, a sport court are proposed for section G, as well as
additional walking pathways. Mr. Torfin defines assisted living facilities and the request for it to become
a permitted use, rather than an allowed use for this Mixed Use Zone. Discussion regarding restricted
access, traffic patterns, phasing entrances, location of gates and access to the park. There is no longer a
school site proposed for this location, per the Meridian School District. Review of potential pond
location, the lofts, patio homes. There are only 37 lots proposed in area F, not 80-90 that was referenced
in some of the public testimony. The proposed density is consistent with other portions of the
development. Discussion.
Aizpitarte closes the public hearing.
Discussion amongst the Commission.
Smith makes a motion to approve RZ-5-02 MOD2 -Development Agreement Modification –
Instrument No. 107155763 – Lakemoor Development DMB Investments, LLC.: with the staff site
specific and standard conditions of approval. Seconded by Aizpitarte. ALL AYE...MOTION
CARRIES.
Smith moves to recommend PP-03-05 MOD-Lakemoor Subdivision-BW Eagle,LLC.approval of
recommend by staff. Seconded by Roehling. Discussion. ALL AYE...MOTION CARRIES.
Roehling makes a motion to recommend Council review an amended proposal for a pool facility
for the subdivision. Seconded by Aizpitarte. Discussion. ALL AYE...MOTION CARRIES.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission:None
B. City Attorney: None
C. Staff: Staff gives notes several applications that the Commission will be see in the next
couple of months.
8. ADJOURNMENT:
Aizpitarte moves to adjourn. Seconded by Roehling. ALL AYE...MOTION CARRIES.
Hearing no further business,the Commission meeting adjourned at 8:35 p.m.
RESPECTFULLY SUBMITTED:
ov EA�;I ••.
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SHARON K. BERGMANN . .z 0 x A T •• •
CITY Pk-K/TREAS R " -- ••
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ALIV
DAVE AIZPITA t E
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
January 28, 2013
SUBJECT: PP -03-05 MOD- LAKEi1IOOR SUBDIVISION - BW EAGLE. LLC:
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PUBLIC HEARING SIGNUP SHEET
January 28, 2013
SUBJECT: RZ-5-02 MOD2 - Development Asreement Modification— Instrument No. 107155763 —
Lakemoor Development DMB Investments, LLC:
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INTER
OFFICE
City of Eagle
Zoning Administration
To:
From:
File No:
Date:
Attachment(s):
Copy To:
Planning and Zoning Commissioners
Michael Williams, PCED, CFM, Planner II
RZ-02-03 MOD2/PP-03-05 MOD — Lakemo r Subdivision — DMB
Investme ts, LLC
Januarf22013
Correspondence received from Michael E. Band with Davison, Copple,
Copple and Copple LLP, date stamped by the City on January 25, 2013
ACHD staff report received from Stacy Yarrington, Planner, Ada County
Highway District, date stamped by the City on January 25, 2013
File
Page 1 of 1
K:1Planning Dept\Eagle ApplicationssSUBS120051Lakemoor Sub mel .doc
RECEIVED & FILED
CITY OF EAGLE
JAN 2 5 2013
File:
Davison, Copple, Copple & Copple, LLP Roue to.
Attorneys at Law
Direct Contact:
Terry C. Copple
Direct: (208) 342-3766
E -Mail: tc@davisoncopple.com
http://www.davisoncopple.com
January 25, 2013
SENT VIA U.S. MAIL AND EMAIL
eaglecity@citvofeagle.org
City of Eagle
Planning & Zoning Commission
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
199 North Capitol Boulevard, #600
Post Office Box 1583
Boise, Idaho 83701
Telephone: (208) 342-3658
Facsimile: (208) 386-9428
Re: Lakemoor Subdivision — RZ-02-03 MOD2 & PP -03-05 MOD — DMB
Investments, LLC
Dear City of Eagle Planning & Zoning Commissioners:
This firm has been retained by James and Denice Liley to address the Lileys' concerns
regarding the above -entitled application submitted by DMB Investments, LLC ("DMB").
Specifically, it is apparent that the plan submitted by DMB calls for an impermissible expansion
of an access easement commonly known as Stone Road ("Stone Road Easement").
The Stone Road Easement was created in 2002 by an Easement Agreement entered into
by Eagle Country Plaza, LLC, the Lileys, and Duwayne & Lee Diderickson. A true and
accurate copy of the Easement Agreement is attached hereto as EXHIBIT "A." Pursuant to the
Easement Agreement, Eagle Country Plaza conveyed to the Lileys and the Didericksons "a
perpetual, non-exclusive easement for ingress and egress for pedestrian and vehicular traffic and
for the installation, repair, and maintenance of utility lines" via Stone Road. The Easement
Agreement states specifically that the easement is conveyed solely "for the benefit of the Liley
Property" and "for the benefit of the Diderickson Property." The Easement Agreement was
recorded on November 8, 2002, as Ada County Instrument No. 102131531.
The Diderickson Property has since been purchased by BW Eagle, Inc. ("BW Eagle").
Both DMB and BW Eagle are owned in whole or in part by Mr. Dennis M. Baker. References to
DMB hereinafter shall be deemed to include BW Eagle.
January 25, 2013
Page 2
The November 2012 Revised Preliminary Plat drafted by JUB Engineers, Inc. and submitted by
DMB depicts a public street named S. Bridges Way ending at location N0'03"09"W. It is
apparent that S. Bridges Way is intended to extend south beyond the bounds of the plat and join
with Stone Road. The Lileys do not consent to such an impermissible expansion of the Stone
Road Easement.
An express easement exists solely for its stated purpose. "The use of which a right of
way is devoted or for which it is created, determines the character of title with which the holder
is invested." Coulsen v. Aberdeen -Springfield Canal Co., 47 Idaho 619, 626, 277 P. 542, 544
(1929) quoted with approval in Villager Condominium Ass'n, Inc. v. Idaho Power Co., 121
Idaho 986, 988, 829 P.2d 1335, 1337 (1992). The Stone Road Easement is appurtenant to the
Liley and Diderickson properties and was created merely for the express purpose of benefitting
and allowing access to those properties. The terms of Easement Agreement do not contemplate
that the Easement might be used to access or benefit any other property. Moreover, DMB may
not unilaterally expand the Stone Road Easement to unreasonably increase the burden on the
servient estate. Beach Lateral Water Users Ass'n v. Harrison, 142 Idaho 600, 606, 130 P.3d
1138, 1144 (2006); see also Gibbens v. Weisshaupt, 98 Idaho 633, 638-39, 570 P.2d 870, 875-
876 (1977). BW Eagle is likewise prohibited from expanding the scope of an easement in order
to benefit properties not intended as beneficiaries at the time the easement came into being. See,
e.g, Poire v. Manchester, 506 A.2d 1160 (1986).
Not only is DMB bound by the intended scope of the Easement Agreement, it is also
precluded from violating the Lileys' rights as co-owners of the Stone Road Easement. DMB
may not unilaterally alter the character of the Easement without consent of the Lileys because
doing so would change the nature of the Lileys' property as well as the nature of the Lileys' legal
rights and obligations.
The Lileys and DMB own the easement together as tenants in common. See Powell v.
Powell, 22 Idaho 531, 126 P. 1058 (1912). "A tenant in common cannot create an easement or
servitude upon the common land." People By & Through Dept. of Pub. Works v. Silveira, 236
Cal. App. 2d 604, 628, 46 Cal. Rptr. 260, 277-78 (1965). Neither can a tenant in common
expand the scope and nature of an existing easement to the injury of his co -tenant. See 25 Am.
Jur. 2d Easements and Licenses § 8. "[A]n owner in common in an easement cannot make
alterations which will render the easement appreciably less convenient and useful to any one of
the cotenants" or which "materially increase the servitude, or interfere with the rights of the other
owners." Id.
At the time that the Lileys entered into the Easement agreement and the Stone Road
Easement came into being, it was contemplated that the Easement would be used only as a
private means of ingress and egress to the two residences located on the Liley and Diderickson
Properties. In consideration of this easement, the Lileys released and terminated their then-
January 25, 2013
Page 3
existing access road which was used for the same purpose. At all times since, Stone Road has
been used as a private drive; public access is blocked by a remote-controlled gate and signage
posted by the City of Eagle. See photographs attached hereto as ExHlBrr(s) "B" and "C." Were
Stone Road to be extended and converted into a public right-of-way, it would be in total
derogation of the intentions of the original parties to the Easement Agreement and in direct
conflict with the express terms of the instrument.
In light of the foregoing, Mr. and Mrs. Liley hereby submit their objection to DMB's
application for a development agreement modification and preliminary plat modification
approval for Lakemoor Subdivision. Please be advised the Lilelys are prepared to take whatever
steps may be necessary to protect and enforce their legal rights in this matter should the
application be approved in its current form.
Very truly yours,
DAVISON, COPPLE, COPPLE & COPPLE, LLP
By:
Mic ae . Band, of the firm
MEB/kt
Enclosures
cc: imlilev@vahoo.com (w/encls.)
daizoitarte@citvofeaale.ora (w/encls.)
atanner@citvofeaale.ora (w/encls.)
dsmith@citvofeaale.ora (w/encls.)
droehlinp@citvofeaQle.org (w/encls.)
vvilleaas@citvofeaQle.ora(w/encls.)
mwilliams@citvofeaele.ore (w/encls.)
RECORD -REQUEST OF
ADA COUNTY REORDER
3. GAVfti NAVA RO
2_«.. motEf�1 FE DEPUTY
EA►�SEMCREE
OQ1 NO - P� �: 2 i 10 21315 31
dicc
This Easement Agreement ("Agreement") is made this day of September, 2002,
among Eagle Country Plaza, LLC, an Idaho limited liability company (hereinafter "Company")
whose address is 609 West Main Street, Boise, Idaho 83702, Duwayne Didericksen and Lee
Didericksen, husband and wife, (hereinafter "Didericksen"), whose address is 3430 East Chinden
Boulevard, Boise, Idaho 83714, and Denice G. Liley, a married woman dealing with her sole and
separate property, (hereinafter "Liley") whose address is 3410 East Chinden Boulevard, Boise,
Idaho 83714.
WHERAS, Company is the owner of a parcel of real property located in Ada County,
Idaho, more particularly described in Exhibit A attached hereto (hereinafter referred to as the
"Company Property"); and
WHEREAS, Didericksen is the owner of certain real property located in Ada County,
Idaho, more particularly described in Exhibit B attached hereto (hereinafter referred to as the
"Didericksen Property"); and
WHEREAS, Liley is the owner of certain real property located in Ada County, Idaho,
more particularly described in Exhibit C attached hereto (hereinafter referred to as the "Liley
Property); and
WHEREAS, the parties hereto desire to vacate, grant and be granted certain easements
that are described herein.
NOW, THEREFORE, in consideration of the mutual convenants herein contained and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. Liley does hereby extinguish, terminate, release, vacate and abandon to Company
any and all easements and rights-of-way over and across that portion of the Company Property,
more particulary described in Exhibit D attached hereto and incorporated herein by this
reference, it being the intent of Liley and the Company to substitute the easement granted to
Liley by Company and Didericksen as described herein below for that portion of the easement
for a joint access road described in that certain Warranty Deed dated July 25, 1996, wherein
William R. Hodges and Denise S. Hodges, husband and wife, are Grantors, and James M. Liley
and Denice Goodrich Liley, husband and wife, are Grantees, recorded as Instrument No.
96064422, records of Ada County, Idaho, which is released and vacated hereby.
2. Company does hereby give, grant and convey unto Liley for the benefit of the
Liley Property a perpetual, non-exclusive easement for ingress and egress for pedestrian and
vehicular traffic and for the underground installation, repair and maintenance of utility lines
(including sewer, water, power, natural gas and telephone) across a portion of the Company
Property more particularly described in Exhibit E attached hereto and incorporated herein by this
reference.
EASEMENT AGREEMENT -1
EXHIBIT
I A
3. Company does hereby give, grant and convey unto Didericksen for the benefit of
the Didericksen Property a perpetual, nonexclusive easement for ingress and egress for
pedestrian and vehicular traffic and for the underground installation, repair and maintenance of
utility lines (including sewer, water, power, natural gas and telephone) across a portion of the
Company Property more particularly described in Exhibit F attached hereto and incorporated
herein by this reference. Didericksen does hereby release, abandon, extinguish and terminate
any other rights-of-way or easements across the Company Property, it being the intent of this
Agreement to supersede and replace any pre-existing easements serving the same or substantially
the same purposes.
4. Didericksen does hereby give, grant and convey unto Liley and Company, for the
benefit of the Liley Property and the Company Property a perpetual, nonexclusive easement for
ingress and egress for pedestrian and vehicular traffic across a portion of the Didericksen
Property more particularly described in Exhibit G attached hereto and incorporated herein by this
reference. Didericksen warrants that they are the owners of the described property and that the
same are free and clear of all liens and encumbrances.
5. The easements granted hereby shall run with the land described herein and shall
be binding upon and shall inure to the benefit of the parties to this Agreement and their
respective heirs or successors and the rights granted hereunder shall not be assigned, conveyed or
in any fashion alienated separate from the property benefited thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
COUNTRY PLAZA, LLC
.t-(ye.e.,_.&I )= ( /.
1- -
By: 17-,0 LOA.lca,-e.E
vdjordenasionow, Managing Member
EASEMENT AOREEMENT - 2
STATE OF WASHINGTON )
County of Kingtae)
N urtus .;
On this 1 day of qt r, 2002, before me/the undersigned, a Notary Public in and
for said State, personally appeared , known or identified to me to be the
Managing Member of Eagle Country Plaza, LLC, an Idaho limited liability company, that executed
the instrument or the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificateflve written.
Mtiv4h4
:6 OTAR,'
1'UBUG
STATE OF IDAHO
ss. II
County of Ada ) oCm4ede•
On the 16 day of Sber, 2002, before me, the undersigned notary public in and
for said State, personally appeared Duwayne Didericksen and Lee Didericksen, husband and
wife, known or identified to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
2
(otary Public for Wasliingto
esiding at
My Conunission Expires 3 -1 `t • 04.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
&ava-Aw ‘„ilAleite,e)
Notary Public f+ r Idaho
Residing at - .Yi a
My Commission ' pires 3/3//0g
EASEMENT AGREEMENT - 3
STATE OF IDAHO )
. SS.
County of Ada )
On the 2 $ 4ay of September, 2002, before me, the undersigned notary public in and
for said State, personally appeared Denice G. Liley, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
EASEMENT AGREEMENT - 4
ID A
4011 tea
Notary Publi'
Residing at
My Commission Expires
Ageb.if,L,
Pi to
Project No. 9720305 May 18, 1999
EXHIBIT "A"
DESCRIPTION FOR
EAGLE COUNTRY PLAZA, LLC PROPERTY
A parcel of land located in the SVM/4 of the SW1/4 of Section 21, T.4N., R.1 E.,
B.M., Ada County, Idaho, and being more particularly described as follows:
Commencing at a brass cap monument marking the comer common to Sections
20, 21, 28 and 29, T.4N., R.1 E., B.M.;
thence North 89°48'00" East on the line common to said Sections 21 and 29,
291.20 feet to a point;
thence North 0°27'44" West, 53.00 feet to a point on the northerly right-of-way
line of U.S. Highway No. 20 (W. Chinden Blvd.), said point being the REAL POINT OF
BEGINNING;
thence continuing North 0°27'44" West, 290-.57 feet
thence South 89°32'18" West, 241.21 feet to a point on the East right-of-way line
of State Highway No. 55 (N. Eagle Road);
thence along said East right-of-way line North 00°27'44" West, 188.13 feet;
thence leaving said East right-of-way line North 89°48'00" East, 637.08 feet
thence South 29°23'00" East, 51.71 feet
thence South 06°40'00" East, 445.28 feet to a point on the northerly right-of-way
line of said U.S. Highway No. 20;
thence along said northerly right-of-way line South 89°48'00" West, 458.65 feet;
thence leaving said northerly right-of-way line North 00°00'00" East, 15.00 feet;
thence South 89°48'00" West, 10.00 feet;
thence South 00°00'00" West, 15.00 feet to a point on said northerly right-of-way
line;
Page 1 of 2
thence along said right-of-way line South 89°48'00" West, 0.35 feet;
thence North 00°27'44" West, 10.00 feet to the Real Point of Beginning,
containing 260,392 square feet, more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
PJSMWEagtscaunhyPlaza41C-ExhibitA Patrick J. Schefer, P.L.S.
Page 2 of 2
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A tract of land located in the Southwest Quarter, Southwest
Quarter of Section 21, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, described as follows:
COMMENCING at the section corner common to Sections 20, 21, 28
and 29, Township 4 North, Range 1 East, Boise Meridian; thence
North 89 degrees 48' East along the section line common to
Sections 21 and 28, a distance of 760.20 feet to a
point; thence
North 00 degrees 00' West 40.00 feet to a steel pin; thence
North 06 degrees 40' West 448.30 feet to a steel pin; thence
North 29 degrees 23' West 51.72 feet to a point, marking the
REAL POINT OF BEGINNING; thence
South 89 degrees 48' West 391.58 feet to a point; thence
North 00 degrees 00' West 309.40 feet to a steel pin; thence
North 90 degrees 00' East 58.80 feet to a steel pin; thence
North 00 degrees 00' East 116.28 feet to a steel pin; thence
South 83 degrees 38'15" East 177.76 feet to a steel pin;
thence
South 00 degrees 00' East 127.36 feet to a steel pin; thence
South 29 degrees 23' East 318.18 feet to the POINT OF
BEGINNING.
0+/ 6/02 08:59 FAL 12083830800 ANDERSON DAVID (Z01
Legal Description
For
PARCEL A
ASSOCIATES, INC.
A strip of land located in the Southwest 1/4 of the Southwest Y of Section 21,
Township 4 North, Range 1 East of the Boise Meridian, City of Eloise, Acta
County, Idaho, being more particularly described as follows:
Commencing from a point marking the Southwest Comer of said Section 21, and
the Centerline of West Chinden Boulevard (Hwy 20); thence North 89°48'00°
East, 760.00 feet along said Centerline to a point; thence leaving said Centerline,
North 00°12'00° West, 43.00 feet to a point on the North right-of-way cine of said
Chinden Boulevard; thence along saki right-of-way line, South 89°48'00° West,
30.20 feet to a point; thence North 06°40'00" West, 133.93 feet to the TRUE
POINT OF BEGINNING; thence North 13°01'16° East, 61.36 feet to a point;
thence North 06°52'05" West, 247.96 feet to a point; thence North 29°23'10"
West, 55.55 feet to a point; thence South 89°48'00" West, 22.60 feet to a point;
thence South 29'23'00' East, 62.44 feet to a point; thence South 08°40'00" East,
301.91 feet to the POINT OF BEGINNING.
Said strip of land contains 6,741 sq. ft., or 0.15 acres more or less.
End of Description
Project No. 02-167
Land Surveying Services
1401 Shoreline Drive, Boise, Idaho 83702 • 208.363.0058 fax 208.303.0800
Sep O9 02 06:05p
.1
ANDERSON -DAVID ASSOCIATES, INC.
Logal Description
For
PARCEL, 0
2083385639
5xicti e".
A strip of land located in the Southwest % of the Southwest 1/4 of Section 21,
Township 4 North, Range 1 East of the Boise Meridian, City of Boiso, Ada
County, Idaho, being more particularly described as follows:
Commencing from a point marking the Southwest Comer of said Section 21, and
the Centerline of West Chinden Boulevard (Hwy 20); thence North 89°48'00"
East, 760.00 feet along said Centerline to a point; thenoo loaving said Centerline,
North 00°12'00" West, 43.00 feet to a point on the North right-of-way line of said
Chinden Boutevard; thence along said right-of-way line, South 89°48'00" West,
30.20 feet to the TRUE POINT OF BEGINNING; thence North 06'40'00" West,
73.11 feet to a point; thence South 00012'00" East, 72.65 feet to a point on said
North right -or -way line; thence along said North right-of-way tine. North 89°48'00"
East, 8.23 feet to the POINT OF BEGINNING.
Said strip of land contains 299 sq. ft., or 0.01 acres more or bass.
End of Description
Pmjact No. 02•16T
Land Surveying Services
1401 Shoreline Drive. Dols; tdih* 83702 • 208.363.0058 fax 208.363.0800
p.6
b,+ F
Legal Description
A strip of land located in the Southwest 1/4 of the Southwest '/ of Section 21,
Township 4 North, Range 1 East of the Boise Meridian, City Boise, Ada County,
Idaho, being more particularly described as follows:
Commencing from a point marking the Southwest Corner of said Section 21, and
the Centerline of West Chinden Boulevard (Hwy 20); thence North 89°48'00"
East, 760.00 feet along said Centerline to a point; thence leaving said Centerline,
North 00°12'00" West, 43.00 feet to a point on the North right-of-way line of said
Chinden Boulevard; thence along said right-of-way line, South 89°48'00" West,
8.43 feet to the TRUE POINT OF BEGINNING; thence continuing along said
right-of-way line, South 89°48'00" West, 30.00 feet to a point; thence North
00°12'00" West, 72.65 feet; thence North 06°40'00" West, 60.82 feet to a point;
thence North 13°01'16" East, 61.36 feet to a point; thence North 06°52'05" West,
247.95 feet to a point; thence North 29°2310" West, 55.55 feet to a point; thence
North 89°48'00" East, 11.76 feet to a point; thence South 29°23'00" East, 51.71
feet to a point; thence South 06°40'00" East, 370.46 feet to a point; thence South
00°12'00" East, 74.34 feet to the POINT OF BEGINNING.
Said strip of land contains 8,174 sq. ft., or 0.19 acres more or Tess.
End of Description
Project No. 02167
Land Surveying Services
[401 Shoreline Drive, Luise, Idaho 83702 • 21)8.363.0158 fax 208.363.0801)
Sep os 02 oS:asp
ANDERSON -DAVID ASSOCIATES, INC. (1)
Legal Description
For
PARCEL B
2083388839
idAtb;-4-' C
A strip of land located In the Southwest % of the Southwest ' of Section 21,
Township 4 North, Range 1 East of the Boise Meridian, City of Boise, Ada
County. Idaho, being more particularly described as follows:
Commencing from a point marking the Southwest Comer of said Section 21, and
the Centerline of West Chinden Boulevard (Hwy 20); thence North 89'48'00"
East, 760.00 feet along said Centerline to a point; thence leaving said Centerline.
North 00-12`00" West, 43.00 foot to a point on the North right-of-way line of said
Chinden Boulevard: thence leaving said tight -of -way line, North 06°40'00" West,
132.13 feet to the TRUE POINT OF BEGINNING; thence North 08°40'00° West,
313.15 feet to a point; thence North 29'23'00" West, 81.71 reet to a point of
curvature; thence 48.81 feet along the arc of a curve to the right, said curve
having a radius of 38.00 feet, a cantrai angle of 73°35'40", and a chord bearing of
South 55904'31' East, 45.52 feet to a non tangent point; thence South 29°23'10"
East. 44,76 feet to a point; thence South 06°52'05" East, 259.19 feet to a point;
thence South 13'01'18" West, 61.42 feet to the POINT OF BEGINNING.
Said strip of land contains 7,288 sq. ft., or 0.17 acres more or less.
End of Description
Project No. 02167
Land Surveying Services
1401 Shoreline Drive, Boise, Idaho 83702 • 20.363.0058 fax 208.363.OKUO
p.4
RECEIVED & FILED
CITY OF EAGLE
Developnae j f nt5rtment
File:
f Route to
ACHD.
Project/File:
Lead Agency:
Site address:
Commission
Hearing:
Commission
Approval:
Applicant:
Representative:
Staff Contact:
Lakemoor/EPP-03-05MOD/ERZ-05-02MOD2
This is a Development Agreement modification and a Preliminary Plat modification
application consisting of 330 lots on 178.51 -acres. The site is located on the east
side of Eagle Road/State Highway 55 just north of Chinden Boulevard/State Highway
20/26.
City of Eagle
2400 S Eagle Road
February 13, 2013
Consent Agenda
DMB Investments, LLC — Dan Torfin
250 S Beechwood, Ste 120
Boise, ID 83709
JUB Engineers — Scott Wonders
250 S Beechwood, Ste 200
Boise, ID 83709
Stacey Yarrington
Phone: 387-6171
E-mail: svarrinaton(@.achdidaho.ora
A. Findings of Fact
1. Description of Application: This application is for a Development Agreement and Preliminary
Plat modification consisting of 330 lots (231 buildable [82 attached, 149 detached], 39 mixed
use, 59 common [5 private roads], and 1 well lot) on 178.51 -acres. Phases 1 and 2 of the
Lakemoor Subdivision have been platted and constructed. The site is located on the east side
of Eagle Road/State Highway 55 just north of Chinden Boulevard/State Highway 20/26.
2. Description of Adjacent Surrounding Area:
Direction Land Use
North Coast to Coast Subdivision (Mixed Use/Development
Agreement)
South Single Family Residential
East Open Land
West Single Family Residential/Banbury Meadows
Zoning
R-2/R-E/DA-P
R-1
A-1 f City of Boise)
R -2/R -2P
1 DRAFT Lakemoor Subdivision Modification
3. Site History: ACHD previously reviewed this site as EPP-13-05/ERZ-05-02 in March 2005. The
requirements of this staff report are consistent with those of the prior action.
4. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impact fee ordinance that is in
effect at that time.
5. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP):
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently in the Five Year Work Program or the District's Capital Improvement Plan (CIP).
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 6,787 additional vehicle trips per
day (0 existing); 789 additional vehicle trips per hour in the PM peak hour (0 existing), based on
the Institute of Transportation Engineers Trip Generation Manual, 9`h edition.
2. Traffic Impact Study
A traffic impact study was required with the original Lakemoor application in 2005 due to the size
of the development. At that time the development was estimated to generate 7,115 vehicle trips
per day based on the submitted traffic impact study. Through this development agreement and
preliminary plat modification process the applicant is proposing less intense land uses than what
were originally considered therefore, a new traffic study was not required. Additionally, the
majority of traffic impacts are to Eagle Road/SH-55 and Chinden Boulevard/SH-20-26, which are
under the jurisdiction of ITD.
3. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
Roadway
** Eagle Road
(State Highway 55)
** Chinden Boulevard
(State Highway 20/26)
Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
2,625 -feet Principal 1,932 "F"
Arterial
135 -feet
Principal
Arterial
1,600 Better Than "E"
* Acceptable level of service for a five -lane principal arterial is "E" (1,770 VPH).
** ACHD does not set level of service thresholds for State Highways.
4. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts. No new traffic counts are
available as construction is currently underway on Eagle Road and the intersection of Eagle Road and
Chinden Boulevard.
• The average daily traffic count for Eagle Road north of Chinden Boulevard was 41,056
on 10/21/2010.
• The average daily traffic count for Chinden Boulevard east of Eagle Road was 29,827on
3/24/2010.
C. Findings for Consideration
2 DRAFT Lakemoor Subdivision Modification
1. Eagle Road/ SH -55
Eagle Road/SH-55 is under the jurisdiction of the Idaho Transportation Department (ITD). The
applicant, City of Eagle, and ITD should work together to determine if additional right-of-way or
improvements are necessary on Eagle Road/SH-55.
Staff Comments/Recommendations: Comply with requirements of ITD and City of Eagle for the
Eagle Road/State Highway 55 frontage. Submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of a building permit (or other
required permits), whichever occurs first.
2. Chinden Boulevard/SH-20/26
Chinden Boulevard/SH-20/26 is under the jurisdiction of the Idaho Transportation Department
(ITD). The applicant, City of Eagle, and ITD should work together to determine if additional right-
of-way or improvements are necessary on Chinden Boulevard/SH-20/26.
Staff Comments/Recommendations: Comply with requirements of ITD and City of Eagle for the
Chinden Boulevard/State Highway 20/26 frontage. Submit to the District a letter from ITD
regarding said requirements prior to District approval of the final plat or issuance of a building
permit (or other required permits), whichever occurs first.
3. Colchester Drive/Eagles Gate Way/Creek Crossing Way/Joplin Creek
Way
a. Existing Conditions: A portion of Colchester Drive has been constructed with two 21 -foot
wide travel lanes, vertical curb, gutter, 5 -foot wide sidewalk on the south/west side, 10 -foot
wide sidewalk on the north/east side, and 10 -foot wide landscape medians of varying length
and at varied distances along Colchester Drive. There is 72 -feet of right-of-way for Colchester
Drive (36 -feet from centerline). Colchester Drive has been improved with a signal at the
intersection of Eagle Road and Colchester Drive.
b. Policy:
Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for
improving all collector frontages adjacent to the site or internal to the development as required
below, regardless of whether access is taken to all of the adjacent streets.
Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector
street is designated with a typology on the Master Street Map, that typology shall be
considered for the required street improvements. If there is no typology listed in the Master
Street Map, then standard street sections shall serve as the default.
Street Section and Right -of -Way Policy: District policy 7206.5.2 states that the standard
right-of-way width for collector streets shall typically be 50 to 70 -feet, depending on the
location and width of the sidewalk and the location and use of the roadway. The right-of-way
width may be reduced, with District approval, if the sidewalk is located within an easement; in
which case the District will require a minimum right-of-way width that extends 2 -feet behind
the back -of -curb on each side.
The standard street section shall be 46 feet (back -of -curb to back -of -curb). This width typically
accommodates a single travel lane in each direction, a continuous center left -turn lane, and
bike lanes.
Residential Collector Policy: 7206.5.2 states that the standard street section for a collector
in a residential area shall be 36 -feet (back -of -curb to back -of -curb). The District will consider
a 33 -foot or 29 -foot street section with written fire department approval and taking into
consideration the needs of the adjacent land use, the projected volumes, the need for bicycle
lanes, and on -street parking.
3 DRAFT Lakemoor Subdivision Modification
Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalks at least 5 -feet wide to
be constructed on both sides of all collector streets. A parkway strip at least 6 -feet wide
between the back -of -curb and street edge of the sidewalk is required to provide increased
safety and protection of pedestrians. Consult the District's planter width policy if trees are to
be placed within the parkway strip. Sidewalks constructed next to the back -of -curb shall be a
minimum of 7 -feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2 -feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to
existing streets adjacent to a proposed development may be required. These improvements
are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction
or replacement; curb and gutter construction or replacement; replacement of unused
driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps;
pavement repairs; signs; traffic control devices; and other similar items.
Landscape Medians Policy: District policy 7207.5.16 states that landscape medians are
permissible where adequate pavement width is provided on each side of the median to
accommodate the travel lanes and where the following is provided:
• The median is platted as right-of-way owned by ACHD.
• The width of an island near an intersection is 12 -feet maximum for a minimum distance of
150 -feet. Beyond the 150 -feet, the island may increase to a maximum width of 30 -feet.
• At an intersection that is signalized or is to be signalized in the future, the median width
shall be reduced to accommodate the necessary turn lane storage and tapers.
• The Developer or Homeowners Association shall apply for a license agreement if
landscaping is to be placed within these medians.
• The license agreement shall contain the District's requirements of the developer including,
but not limited to, a "hold harmless" clause; requirements for maintenance by the
developer; liability insurance requirements; and restrictions.
• Vertical curbs are required around the perimeter of any raised median. Gutters shall slope
away from the curb to prevent ponding.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway
features required through development. A new collector roadway was identified on the MSM
with the street typology of Commercial Collector. The new collector roadway should align with
Joplin Road to the east. The Commercial Collector typology as depicted in the Livable Street
Design Guide recommends a 2 -lane roadway with bike lanes, a 48 -foot street section within
69 -feet of right-of-way.
c. Applicant Proposal: The applicant is proposing to continue Colchester Drive through the site
as a 52 -foot street section consisting of 21 -foot wide travel lanes with vertical curb, gutter, 6 -
foot park strip, 5 -foot wide sidewalk on the south/west side, and 10 -foot wide sidewalk on the
north/east side within a 72 -foot right-of-way. The applicant is proposing to continue the 10 -
foot wide landscape islands in varying lengths along Colchester Drive.
The applicant is also proposing to construct Eagles Gate Drive, Creek Crossing Way, and
Joplin Creek Way as a 52 -foot street sections consisting of 21 -foot wide travel lanes with
4 DRAFT Lakemoor Subdivision Modification
vertical curb, gutter, 6 -foot park strip, 5 -foot wide sidewalk on the south/east side, and 10 -foot
wide sidewalk on the north/west side within a 72 -foot right-of-way. The applicant is proposing
to continue the 10 -foot wide landscape islands in varying lengths along Eagles Gate Drive,
Creek Crossing Way, and Joplin Creek Way.
Eagles Gate Drive will be restricted to right-in/right-out only onto Eagle Road.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy. Staff
recommends approval of the applicant's proposal with the condition that the landscape
medians on Colchester Drive, Eagles Gate Drive, Creek Crossing Way, and Joplin Creek Way
be platted as right-of-way owned by ACHD; and the Developer or Homeowners Association
apply for a license agreement if landscaping is to be placed within the medians.
Staff also recommends that the applicant provide a permanent right-of-way easement for any
sidewalk located outside of the dedicated right-of-way. The easement shall encompass the
entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk.
Sidewalks shall either be located wholly within the public right-of-way or wholly within an
easement.
4. Internal Streets
a. Existing Conditions: Lake Briar Lane, Lake Brook Lane, Eaglewoods Lane, Lake Vista Lane,
and Brookwater Lane are all improved with 2 -travel lanes, vertical curb, gutter, and 5 -foot wide
detached sidewalk abutting the site. There is 50 -feet of right-of-way for Lake Briar Lane, Lake
Brook Lane, Eaglewoods Lane, and Lake Vista Lane (25 -feet from centerline).
b. Policy:
Local Roadway Policy: District Policy 7207.2.1 states that the developer is responsible for
improving all local street frontages adjacent to the site regardless of whether or not access is
taken to all of the adjacent streets.
Street Section and Right -of -Way Policy: District Policy 7207.5 states that right-of-way
widths for all local streets shall generally not be less than 50 -feet wide and that the standard
street section shall be 36 -feet (back -of -curb to back -of -curb). The District will consider the
utilization of a street width less than 36 -feet with written fire department approval.
Standard Urban Local Street -36 -foot to 33 -foot Street Section and Right-of-way Policy:
District Policy 7207.5.2 states that the standard street section shall be 36 -feet (back -of -curb to
back -of -curb) for developments with any buildable lot that is less than 1 acre in size. This
street section shall include curb, gutter, and minimum 5 -foot concrete sidewalks on both sides
and shall typically be within 50 -feet of right-of-way.
The District will also consider the utilization of a street width less than 36 -feet with written fire
department approval. Most often this width is a 33 foot street section (back -of -curb to back -
of -curb) for developments with any buildable lot that is less than 1 acre in size.
Continuation of Streets Policy: District Policy 7207.2.4 states that an existing street, or a
street in an approved preliminary plat, which ends at a boundary of a proposed development
shall be extended in that development. The extension shall include provisions for continuation
of storm drainage facilities. Benefits of connectivity include but are not limited to the following:
• Reduces vehicle miles traveled.
• Increases pedestrian and bicycle connectivity.
• Increases access for emergency services.
• Reduces need for additional access points to the arterial street system
• Promotes the efficient delivery of services including trash, mail and deliveries.
.
5 DRAFT Lakemoor Subdivision Modification
• Promotes appropriate intra-neighborhood traffic circulation to schools, parks,
neighborhood commercial centers, transit stops, etc.
• Promotes orderly development.
Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is
required on both sides of all local street, except those in rural developments with net densities
of one dwelling unit per 1.0 acre or Tess, or in hillside conditions where there is no direct lot
frontage, in which case a sidewalk shall be constructed along one side of the street. Some
local jurisdictions may require wider sidewalks.
The sidewalk may be placed next to the back-of-curb. Where feasible, a parkway strip at least
8-feet wide between the back-of-curb and the street edge of the sidewalk is recommended to
provide increased safety and protection of pedestrians and to allow for the planting of trees in
accordance with the District's Tree Planting Policy. If no trees are to be planted in the
parkway strip, the applicant may submit a request to the District, with justification, to reduce
the width of the parkway strip.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
c. Applicant's Proposal: The applicant is proposing to construct Bridges Way as a 37-foot
street section (back of curb to back of curb) with vertical curb, gutter, and 6.5-foot parkway
strip within 50-feet of right-of-way. The applicant is proposing to construct 5-foot wide
detached sidewalks outside of right-of-way.
d. Staff Comments/Recommendations: The applicant's proposal does not meet District Street
Section Policy. Staff recommends that the applicant construct Bridges Way as a 36-foot
street section and be required to provide a permanent right-of-way easement for any sidewalk
located outside of the dedicated right-of-way. The easement shall encompass the entire area
between the right-of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks
shall either be located wholly within the public right-of-way or wholly within an easement.
5. Roadway Offsets
a. Existing Conditions: There is one existing roadway offset internal to the site. Colchester
Drive, located approximately 3,300 feet north of Chinden Boulevard, was constructed as part
of the original approval of this application.
b. Policy:
Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states
that new local streets should not typically intersect arterials. Local streets should typically
intersect collectors. If it is necessary, as determined by ACHD, for a local street to intersect
an arterial, the minimum allowable offset shall be 1,320-feet as measured from all other
existing roadways as identified in Table 1 b (7205.4.7).
Collector Offset Policy: District policy 7205.4.2 states that the optimum spacing for new
signalized collector roadways intersecting minor arterials is one half-mile.
District policy 7205.4.2 states that the optimum spacing for new signalized collector roadways
intersecting principal arterials is one half-mile.
District policy 7206.4.2 states that the preferred spacing for new collectors intersecting
existing collectors is'/ mile to allow for adequate signal spacing and alignment.
6 DRAFT Lakemoor Subdivision Modification
Local Offset Policy: District policy 7206.4.5, requires local roadways to align or offset a
minimum of 330 -feet from a collector roadway (measured centerline to centerline).
District policy 7207.4.2, requires local roadways to align or provide a minimum offset of 125 -
feet from any other street (measured centerline to centerline).
District policy 7208.4.2, requires commercial roadways intersecting other local streets
(residential, industrial or commercial) to provide a minimum offset of 125 -feet from any other
roadway or intersection (measured centerline to centerline).
c. Applicant's Proposal: The applicant is proposing to construct a new local roadway onto
Eagle Road. Eagles Gate Drive is proposed to intersect Eagle Road approximately 1,760 -feet
(centerline to centerline) north of Chinden Boulevard and 1,540 -feet (centerline to centerline)
south of Colchester Drive. Eagles Gate Drive is being proposed as a right-in/right-out only.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy, and
should be approved, as proposed.
6. Roundabout
a. Existing Conditions: There are no existing roundabouts internal to the site.
b. Policy:
Intersection Control Policy: District policy 5108.5 states that roundabout traffic control shall
be considered and evaluated as an option if the intersection is being considered for
improvement for any of the following reasons:
• A capacity deficiency exists, and an all -way stop and/or traffic signal volume
warrant is met as defined in the MUTCD; or
• A safety deficiency exists; or
• Unconventional geometry exists (e.g., five approaches).
An alternatives analysis (potentially including other intersection control types, such as signals
and stop signs) shall be conducted at all intersections where a roundabout is being
considered. The alternatives analysis shall include a detailed traffic operations analysis and
shall consider ACHD costs (e.g., right-of-way, construction, and maintenance) and public costs
(e.g., delay, safety, and the environment.) The alternatives analysis should be the decision-
making tool used to determine whether or not a roundabout will be constructed. Final
discretion for all intersection control decisions rests with ACHD.
Traffic Operations Analysis Policy: District Policy 5108.6 states that traffic conditions shall
be analyzed for all peak periods of the intersection's construction year and design year(s). The
construction year is the year the roundabout will be constructed and opened. For federally
funded projects the design year is 20 years after the construction year. There may be multiple
design years if considering interim designs.
Analysis Procedure Policy: District Policy 5108.6.2 states that traffic analysis procedures
shall be consistent with the most recent version of the Highway Capacity Manual (HCM)
beginning with the 2010 edition. Prior to the publication of the 2010 HCM the traffic analysis
procedures shall be based upon the equations summarized in NCHRP Report 572:
Roundabouts in the United States. Additional analytical or simulation tools may be required to
supplement the traffic analysis. The additional analysis tools shall be calibrated to match
either the data summarized in NCHRP Report 572, the 2010 HCM (or its subsequent
updates), or local conditions. Site selection, data collection, and calibration methods must be
pre -approved by ACHD Traffic.
7 DRAFT Lakemoor Subdivision Modification
Result Reporting Policy: District Policy 5108.6.3 states that roundabout traffic operations
shall be reported on a lane -by -lane basis. Volume -to -capacity (V/C), traffic delay, level of
service, and 95th percentile queues shall be reported.
Acceptable Thresholds Policy: District Policy 5108.6.4 states that the acceptable level of
service for all roundabouts shall be based upon the critical/worst lane and a maximum
volume -to -capacity (V/C) ratio of 0.85.
Roundabout Designers Policy: District Policy 5108.8.1 states that ACHD roundabout
projects shall be designed and submitted by ACHD staff or prequalified firms approved to
design roundabouts by ACHD. A peer review shall be performed by an ACHD prequalified
roundabout peer review firm for all roundabouts designed by ACHD staff. The list of firms
approved to design and review roundabouts will be available to the public.
The ACHD prequalified firms approved to design roundabouts are recommended for
developer projects. If a roundabout is not designed by a firm prequalified by ACHD to design
roundabouts, the developer shall have a roundabout peer review performed by a firm
acceptable to ACHD.
Preliminary Deliverables Policy:
District Policy 5108.8.2 states that before plat approval, right-of-way dedication or purchase,
grading, or other details are designed, the designer shall demonstrate to ACHD's satisfaction
that the preliminary roundabout design meets the standards set forth in ACHD Roundabout
Policy. All roundabout designs will be required to meet the same standards outlined in the
roundabout policy. Preliminary submittal deliverables shall include the following items:
1. Traffic Operation Analysis Summary
Include input parameter summary sheets and output tables as necessary so analysis can
be independently replicated.
2. 1:50 Scale Plan View
Include curbs and pavement markings. Plan view shall be supplemented with an AutoCAD
compatible file.
3. Wheel Path Plots
Illustrate the wheel paths of the design vehicle(s) making every movement from each
approach. Additionally, a side-by-side swept path plot shall be provided with the
appropriate design vehicle(s) for multilane roundabout sections.
4. Fastest Path Plots
Illustrate the fastest path for every movement from each approach. Include a complete
speed comparison table.
5. Natural Path Plots
Illustrate the natural path for every movement from each approach.
c. Applicant Proposal: The applicant is proposing 2 single travel lane roundabouts on
Colchester Drive. The first roundabout is at the intersection of Colchester Drive and Eagles
Gate Drive. The center island is approximately 52 -feet wide with an 18 -foot truck apron. The
splitter islands are between approximately 120 -feet to 140 -feet long with 21 -foot travel lanes
on each side and crosswalks located 30 -feet back from center edge on the south and east
legs.
8 DRAFT Lakemoor Subdivision Modification
The applicant is proposing the second roundabout at the intersection of Colchester Drive,
Creek Crossing Way and Joplin Creek Way. The center island is approximately 52 -feet wide
with an 18 -foot truck apron. The splitter islands are between approximately 65 -feet to 220 -
feet long with 21 -foot travel lanes on each side and crosswalks located 30 -feet back from
center edge on the south and east legs.
d. Staff Comments/Recommendation: Staff is supportive of the applicant's proposal to
construct 2 roundabouts at the intersections of Colchester and Creek Crossing and Colchester
and Eagles Gate Drive. As such, the applicant's proposal should be approved, as proposed.
The applicant should be required to provide the preliminary deliverables for the roundabout
design as part of the plan submittal as identified in District policy 5108.8.2, noted above.
Both of the roundabouts should be designed by a qualified designer following ACHD's
Roundabout Design Guidelines.
The applicant should be required to dedicate all islands as right-of-way owned by ACHD; and
the Developer or Homeowners Association apply for a license agreement if landscaping is to
be placed within the islands.
7. Stub Streets
a. Existing Conditions: There are 2 existing stub streets to the site, Colchester Drive and
Brookwater Lane. Brookwater Lane is a private road and is proposed to be continued as a
private road internal to this development. Colchester Drive is proposed to continue as a
collector street in this development.
b. Policy:
Stub Street Policy: District policy 7206.2.4 (collector) and 7207.2.4 (local) states that stub
streets will be required to provide circulation or to provide access to adjoining properties. Stub
streets will conform with the requirements described in Section 7206.2.5.4 (collector) and
7207.2.5.4 (local), except a temporary cul-de-sac will not be required if the stub street has a
length no greater than 150 -feet. A sign shall be installed at the terminus of the stub street
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." or ("THIS IS A
DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND
WIDENDED IN THE FUTURE.")
In addition, stub streets must meet the following conditions:
• A stub street shall be designed to slope towards the nearest street intersection within
the proposed development and drain surface water towards that intersection; unless
an alternative storm drain system is approved by the District.
• The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
Temporary Dead End Streets Policy: District policy 7206.2.4 (collector) and 7207.2.4 (local)
requires that the design and construction for cul-de-sac streets shall apply to temporary dead
end streets. The temporary cul-de-sac shall be paved and shall be the dimensional
requirements of a standard cul-de-sac. The developer shall grant a temporary turnaround
easement to the District for those portions of the cul-de-sac which extend beyond the
dedicated street right-of-way. In the instance where a temporary easement extends onto a
buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as
a non -buildable lot until the street is extended.
c. Applicant Proposal: The applicant is proposing to construct 3 stub streets, Bridges Way,
Joplin Creek Way, and Creek Crossing Way to abutting properties. Bridges Way is proposed
to be constructed approximately 415 -feet (measured centerline to centerline) from Bridgepoint
Drive to the south abutting property. Joplin Creek Way is proposed to be constructed
9 DRAFT Lakemoor Subdivision Modification
approximately 570 -feet (measured centerline to centerline) from Creek Crossing
Way/Colchester Drive intersection to the east abutting property. Creek Crossing Way is
proposed to be constructed 840 -feet (measured centerline to centerline) from Joplin Creek
Way to the south abutting the property.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy.
However, staff recommends that the applicant construct temporary cul-de-sacs at the end of
each proposed stub street of a minimum radius of 55 -feet to back of curb. The temporary cul-
de-sacs should be paved and a temporary turnaround easement be granted to the District for
the portions of the cul-de-sac that extend beyond the dedicated street right-of-way.
The applicant should be required to install a sign at the terminus of the 2 stub streets, Bridges
Way and Creek Crossing Way stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE." The applicant should be required to install a sign at the terminus of the stub
street, Joplin Creek Way stating that, "THIS IS A DESIGNATED COLLECTOR ROADWAY.
THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
8. Driveways
8.1 Colchester Drive
a. Existing Conditions: There are currently no existing driveways onto Colchester Drive from
this site.
b. Policy:
Access Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from
the local street system and carry that traffic to the nearest arterial. A secondary function is to
service adjacent property. Access will be limited or controlled. Collectors may also be
designated at bicycle and bus routes.
Driveway Location Policy (Signalized Intersection): District policy 7206.4.3 requires
driveways located on collector roadways near a signalized intersection to be located outside
the area of influence; OR a minimum of 440 -feet from the signalized intersection for a full -
access driveway and a minimum of 220 -feet from the signalized intersection for a right-
in/right-out only driveway. Dimensions shall be measured from the centerline of the
intersection to the centerline of the driveway
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on
collector roadways with a speed limit of 20 MPH and daily traffic volumes greater than 200
VTD to align or offset a minimum of 245 -feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36 -feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30 -feet. Curb return type driveways with 30 -foot radii will be required for
high-volume driveways with 100 VTD or more. Curb return type driveways with 15 -foot radii
will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7206.4.6, the applicant should be required to pave the driveway its full width and at least 30 -
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7206.4.6.
10 DRAFT Lakemoor Subdivision Modification
c. Applicant's Proposal: The applicant is proposing to construct 3 driveways onto Colchester
Drive. A 70 -foot driveway with a 10 -foot wide by 10 -foot long landscape median at the
entrance located approximately 350 -feet east of Eagle Road aligned with Woodlet Way to the
north; a 30 -foot driveway located approximately 1,350 -feet southeast of Eagle Road; and a
40 -foot driveway located approximately 1,725 -feet southeast of Eagle Road.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved as proposed.
The applicant should be required to pave the driveways their full width and at least 30 -feet into
the site beyond the edge of pavement of the roadway.
8.2 Eagles Gate Drive
a. Existing Conditions: There are no existing driveways on Eagles Gate Drive internal to the
site.
b. Policy:
Access Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from
the local street system and carry that traffic to the nearest arterial. A secondary function is to
service adjacent property. Access will be limited or controlled. Collectors may also be
designated at bicycle and bus routes.
Driveway Location Policy (Stop Controlled Intersection): District policy 7206.4.4 requires
driveways located on collector roadways near a STOP controlled intersection to be located
outside of the area of influence; OR a minimum of 150 -feet from the intersection, whichever is
greater. Dimensions shall be measured from the centerline of the intersection to the centerline
of the driveway.
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on
collector roadways with a speed limit of 20 MPH and daily traffic volumes greater than 200
VTD to align or offset a minimum of 245 -feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36 -feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30 -feet. Curb return type driveways with 30 -foot radii will be required for
high-volume driveways with 100 VTD or more. Curb return type driveways with 15 -foot radii
will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7206.4.6, the applicant should be required to pave the driveway its full width and at least 30 -
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7206.4.6.
c. Applicant's Proposal: The applicant is proposing to construct 5 driveways onto Eagles Gate
Drive. 2 30 -foot wide full -access driveways located approximately 330 feet east of Eagle
Road. These two driveways are proposed to align centerline to centerline. One 30 -foot wide
full -access to the south and one 40 -foot wide full -access driveway to the north located
approximately 560 -feet east of Eagle Road. These two driveways are proposed to align
centerline to centerline. One 40 foot wide full -access driveway located approximately 830 -
feet east of Eagle Road on Eagles Gate Drive.
11 DRAFT Lakemoor Subdivision Modification
R •
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved as proposed.
Staff recommends that the applicant should be required to construct the 5 proposed driveways
to a maximum width of 36 -feet and pave the driveways their full width and at least 30 -feet into
the site beyond the edge of pavement of the roadway.
8.3 Creek Crossing Way
a. Existing Conditions: There are no existing driveways on Creek Crossing Way internal to the
site.
b. Policy:
Access Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
District Policy 7206.1 states that the primary function of a collector is to intercept traffic from
the local street system and carry that traffic to the nearest arterial. A secondary function is to
service adjacent property. Access will be limited or controlled. Collectors may also be
designated at bicycle and bus routes.
Driveway Location Policy (Signalized Intersection): District policy 7206.4.3 requires
driveways located on collector roadways near a signalized intersection to be located outside
the area of influence; OR a minimum of 440 -feet from the signalized intersection for a full -
access driveway and a minimum of 220 -feet from the signalized intersection for a right-
in/right-out only driveway. Dimensions shall be measured from the centerline of the
intersection to the centerline of the driveway
Driveway Location Policy (Stop Controlled Intersection): District policy 7206.4.4 requires
driveways located on collector roadways near a STOP controlled intersection to be located
outside of the area of influence; OR a minimum of 150 -feet from the intersection, whichever is
greater. Dimensions shall be measured from the centerline of the intersection to the centerline
of the driveway.
Successive Driveways: District policy 7206.4.5 Table 1, requires driveways located on
collector roadways with a speed limit of 20 MPH and daily traffic volumes greater than 200
VTD to align or offset a minimum of 245 feet from any existing or proposed driveway.
Driveway Width Policy: District policy 7206.4.6 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36 -feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30 -feet. Curb retum type driveways with 30 -foot radii will be required for
high-volume driveways with 100 VTD or more. Curb return type driveways with 15 -foot radii
will be required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7206.4.6, the applicant should be required to pave the driveway its full width and at least 30 -
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7206.4.6.
c. Applicant's Proposal: The applicant is proposing to construct 2 full access driveways onto
Creek Crossing Way. The driveway on the north is proposed to be 40 -feet wide; the driveway
on the south is proposed to be 36 -feet wide. The driveways are proposed to align centerline to
centerline and be located approximately 200 feet south of Joplin Creek Way. Additionally, the
applicant has proposed to construct 1 45 -foot wide full -access driveway onto Creek Crossing
Way located approximately 420 -feet south of Joplin Creek Way on Eagles Gate Drive.
12 DRAFT Lakemoor Subdivision Modification
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and
should be approved as proposed.
Staff recommends that the applicant should be required to construct the 5 proposed driveways
to a maximum width of 36 -feet and pave the driveways their full width and at least 30 -feet into
the site beyond the edge of pavement of the roadway.
7.4 Bridges Way
a. Existing Conditions: There are no existing driveways on Bridges Way internal to the site.
b. Policy:
Driveway Location Policy: District policy 7207.4.1 requires driveways located near
intersections to be located a minimum of 75 feet (measured centerline -to -centerline) from the
nearest street intersection.
Successive Driveways: District Policy 7207.4.1 states that successive driveways away from
an intersection shall have no minimum spacing requirements for access points along a local
street, but the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7207.4.3 states that where vertical curbs are required,
residential driveways shall be restricted to a maximum width of 20 -feet and may be constructed
as curb -cut type driveways.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7207.4.3, the applicant should be required to pave the driveway its full width and at least 30 -feet
into the site beyond the edge of pavement of the roadway.
c. Applicant's Proposal: The applicant is proposing to construct 3 driveways on Bridges Way. A
30 -foot wide full -access driveway located approximately 150 -feet south of Eagles Gate Drive. A
30 -foot wide full -access driveway located approximately 250 -feet south of Bridgepointe Drive,
and a 36 -foot wide full access driveway located approximately 250 -feet south of Bridgepointe
Drive on Bridges Way.
d. Staff Comments/Recommendations: The applicant's proposal meets District Policy, and
should be approved, as proposed.
The applicant should be required to pave the driveways their full width and at least 30 -feet into
the site beyond the edge of pavement of the roadway.
9. Private Roads
a. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada
County establish the requirements for private streets. The District retains authority and will
review the proposed intersection of a private and public street for compliance with District
intersection policies and standards. The private road should have the following requirements:
• Designed to discourage through traffic between two public streets,
• Graded to drain away from the public street intersection, and .
• If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of
50 -feet from the near edge of the intersection and a turnaround shall be provided.
Applicant Proposal: The applicant is proposing 4 private roads within the site. Lake Front
Lane, Lakegrove Lane, Bridgepointe Drive, and Brookwater Lane. The applicant is proposing to
gate the private roads.
13 DRAFT Lakemoor Subdivision Modification
b. Staff Comments/Recommendations: If the City of Eagle approves the private roads, the
applicant shall be required to pave the private roadways a minimum of 20 to 24 -feet wide and at
least 30 -feet into the site beyond the edge of pavement of all public streets and install pavement
tapers with 15 -foot curb radii abutting the existing roadway edge. If private roads are not
approved by the City of Eagle, the applicant will be required to revise and resubmit the
preliminary plat to provide public standard local streets in these locations.
Street name and stop signs are required for the private road. The signs may be ordered
through the District. Verification of the correct, approved name of the road is required.
ACHD does not make any assurances that the private road, which is a part of this application,
will be accepted as a public road if such a request is made in the future. Substantial redesign
and reconstruction costs may be necessary in order to qualify this road for public ownership and
maintenance.
The following requirements must be met if the applicant wishes to dedicate the roadway to
ACHD:
• Dedicate a minimum of 50 -feet of right-of-way for the road.
• Construct the roadway to the minimum ACHD requirements.
• Construct a stub street to the surrounding parcels.
The applicant should be required to install the gate or keypad (if applicable) a minimum of 50 -
feet from the near edge of the intersection and a turnaround be provided, consistent with ACHD
policy.
10. Tree Planters
Tree Planter Policy: Tree Planter Policy: The Districts Tree Planter Policy prohibits all trees in
planters less than 8 -feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8 -feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10 -feet.
11. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10 -feet from all public
storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision
triangle at intersections. District Policy 5104.3.1 requires a 40 -foot vision triangle and a 3 -foot
height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset
from stop signs. Landscape plans are required with the submittal of civil plans and must meet all
District requirements prior to signature of the final plat and/or approval of the civil plans.
D. Site Specific Conditions of Approval.
1. Construct Colchester Drive with 2 -travel lanes 21 -feet wide, vertical curb, gutter, 5 -foot wide
sidewalk on the south/west side, 10 -foot wide sidewalk on the north/east side, and 10 -foot wide
landscape medians of varying length within 72 -feet of right-of-way, as proposed.
2. Construct Eagles Gate Way, Cross Creek Way, and Joplin Creek Way with 2 -travel lanes 21 -feet
wide, vertical curb, gutter, 5 -foot wide sidewalk on the south/east side, 10 -foot wide sidewalk on
the north/east side, and 10 -foot wide landscape medians of varying length within 72 -feet of right-
of-way, as proposed.
3. Plat the landscape medians on Colchester Drive, Eagles Gate Drive, Creek Crossing Way, and
Joplin Creek Way as right-of-way owned by ACHD; and the Developer or Homeowners
Association apply for a license agreement if landscaping is to be placed within the medians.
14 DRAFT Lakemoor Subdivision Modification
4. Provide a permanent right-of-way easement for any sidewalk located outside of the dedicated
right-of-way.
5. Construct Bridges Way as a 36 -foot street section and provide a permanent right-of-way
easement for any sidewalk located outside of the dedicated right-of-way.
6. Construct Eagles Gate Drive onto Eagle Road at approximately 1,760 -feet (centerline to
centerline) north of Chinden Boulevard and 1,540 -feet (centerline to centerline) south of
Colchester Drive as proposed.
7. Construct the 2 roundabouts at the intersections of Colchester and Creek Crossing and
Colchester and Eagles Gate Drive, as proposed. Provide the preliminary deliverables for the
roundabout design as part of the plan submittal as identified in District policy 5108.8.2, noted
above. Both of the roundabouts should be designed by a qualified designer following ACHD's
Roundabout Design Guidelines. Dedicate all islands as right-of-way owned by ACHD; and the
Developer or Homeowners Association should apply for a license agreement if landscaping is to
be placed within the islands.
8. Construct Bridges Way at approximately 415 feet (measured centerline to centerline) from
Bridgepoint Drive to the south abutting property. Joplin Creek Way at approximately 570 -feet
(measured centerline to centerline) from Creek Crossing Way/Colchester Drive intersection to the
east abutting property. Creek Crossing Way at approximately 840 -feet (measured centerline to
centerline) from Joplin Creek Way to the south abutting the property, with temporary cul-de-sacs
at the end of each proposed stub street of a minimum radius of 55 -feet to back of curb, as
proposed. Install a sign at the terminus of the stub street, Bridges Way stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE." Install a sign at the terminus of the stub streets, Joplin
Creek Way and Creek Crossing Way stating that, "THIS IS A DESIGNATED COLLECTOR
ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
9. Construct a 70 -foot driveway with a 10 -foot wide by 10 -foot long landscape median at the
entrance at approximately 350 -feet east of Eagle Road aligned with Woodlet Way to the north; a
30 -foot driveway at approximately 1350 -feet southeast of Eagle Road; and a 40 -foot driveway at
approximately 1725 -feet southeast of Eagle Road on Colchester Driveway, as proposed. Pave
the driveways their full width and at least 30 -feet into the site beyond the edge of pavement of the
roadway.
10. Construct 2 full -access driveways at approximately 330 -feet east of Eagle Road, one full -access
and one full -access driveway at approximately 560 -feet east of Eagle Road, and one full -access
driveway at approximately 830 -feet east of Eagle Road on Eagles Gate Drive, as proposed a
maximum width of 36 -feet. Pave the driveways their full width and at least 30 -feet into the site
beyond the edge of pavement of the roadway.
11. Construct 2 aligned full -access driveways at approximately 200 -feet south of Joplin Creek Way,
and 1 full -access driveway at approximately 420 -feet south of Joplin Creek Way on Eagles Gate
Drive, as proposed a maximum width of 36 -feet. Pave the driveways their full width and at least
30 -feet into the site beyond the edge of pavement of the roadway.
12. Construct 3 full -access driveways on Bridges Way at approximately 150 -feet south of Eagles
Gate Drive, at approximately 250 -feet south of Bridgepointe Drive, and at approximately 250 -feet
south of Bridgepointe Drive on Bridges Way, as proposed a maximum width of 36 -feet. Pave the
driveways their full width and at least 30 -feet into the site beyond the edge of pavement of the
roadway.
13. Pave the private roadways a minimum of 20 to 24 -feet wide and at least 30 feet into the site
beyond the edge of pavement of all public streets and install pavement tapers with 15 -foot curb
radii abutting the existing roadway edge. Install the gate(s) or keypad(s) (if applicable) a
minimum of 50 -feet from the near edge of the intersection and a turnaround be provided,
consistent with ACHD policy.
15 DRAFT Lakemoor Subdivision Modification
14. Payment of impacts fees are due prior to issuance of a building permit.
15. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way.
2. Private sewer or water systems are prohibited from being located within the ACHD right-of-
way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless a waiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
16 DRAFT Lakemoor Subdivision Modification
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
1. Vicinity Map
2. Site Plan
3. Roundabout Drawings
4. Utility Coordinating Council
5. Development Process Checklist
6. Request for Reconsideration Guidelines
17 DRAFT Lakemoor Subdivision Modification
VICINITY MAP
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18 DRAFT Lakemoor Subdivision Modification
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DRAFT Lakemoor Subdivision Modification
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20 DRAFT Lakemoor Subdivision Modification
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Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway
and road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way
improvements by Highway entities, developers shall provide written notification to the affected
utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include
but not be limited to, project limits, scope of roadway improvements/project, anticipated
construction dates, and any portions critical to the right of way improvements and coordination
of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the
utility owners. Conference notification shall also be sent to the UCC. During the review meeting
the developer shall notify utilities of the status of right of way/easement acquisition necessary
for their project. At the plan review conference each company shall have the right to appeal,
adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the
developer with a letter of review indicating the costs and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after the date of the
plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the
anticipated date work will commence. This notification shall indicate that the work to be
performed shall be pursuant to final approved plans by the highway entity. The developer shall
schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity
shall be completed within the times established during the preconstruction meeting, unless
otherwise agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit
iducc.com for e-mail notification information.
22 DRAFT Lakemoor Subdivision Modification
Development Process Checklist
Items Completed to Date:
®Submit a development application to a City or to Ada County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Section will receive the development application to review
®The Planning Review Section will do one of the following:
®Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at
this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
®Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
Items to be completed by Applicant:
❑For ALL development applications, including those receiving a "No Review" letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-
way, including, but not limited to, driveway approaches, street improvements and utility cuts.
❑ Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Non -Subdivisions)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic
Services). There is a one week turnaround for this approval.
❑ Working in the ACHD Right -of -Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACHD Construction — Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
❑ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre -Construction Meeting an Erosion & Sediment Control Narrative & Plan,
done by a Certified Plan Designer, must be tumed into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being
scheduled.
0 Final Approval from Development Services is required prior to scheduling a Pre -Con.
23 DRAFT Lakemoor Subdivision Modification
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant
of the final decision made by the ROWDS Manager when it is alleged that the ROWDS
Manager did not properly apply this section 7101.6, did not consider all of the relevant facts
presented, made an error of fact or law, abused discretion or acted arbitrarily and
capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with
the Secretary of Highway Systems, which must be filed within ten (10) working
days from the date of the decision that is the subject of the appeal. The notice of
appeal shall refer to the decision being appealed, identify the appellant by name,
address and telephone number and state the grounds for the appeal. The
grounds shall include a written summary of the provisions of the policy relevant
to the appeal and/or the facts and law relied upon and shall include a written
argument in support of the appeal. The Commission shall not consider a notice
of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the
date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may
also consider and/or modify the decision that is being appealed. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of
the appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant
of the ROWDS Manager's reply to the notice of appeal. A copy of the decision
being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm
or reverse, in whole or part, or otherwise modify, amend or supplement the
decision being appealed, as such action is adequately supported by the law and
evidence presented at the hearing.
24 DRAFT Lakemoor Subdivision Modification
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 3:00 p.m. on the day prior to the Commission's next scheduled regular
meeting following the meeting at which the action to be reconsidered was taken. Upon
receipt of the request, the Secretary shall cause the same to be placed on the agenda
for that next scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting
forth new facts and information not presented at the earlier meeting, or a changed
situation that has developed since the taking of the earlier vote, or information
establishing an error of fact or law in the earlier action. The request may also be
supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACHD staff for further review. The Commission may set the date of the meeting at
which the matter is to be returned. The Commission shall only take action on the
original matter at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may
take any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to
cover administrative costs, as established by the Commission.
25 DRAFT Lakemoor Subdivision Modification