Findings - CC - 2005 - CPA-1-05/RZ-1-05/CU-1-05 - Comp Plan Amend From R4 To Cbd/From R4 To Cbd-Da/291 N 1St St
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICA nON FOR A COMPREHENSIVE
PLAN AMENDMENT FROM RESIDENTIAL FOUR TO
CENTRAL BUSINESS DISTRICT AND A REZONE FROM
R-4 (RESIDENTIAL) TO CBD-DA (CENTRAL BUSINESS
DISTRICT WITH DEVELOPMENT AGREEMENT) AND
A CONDITIONAL USE PERMIT
FOR EAGLE HEIGHTS BAPTIST CHURCH
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-I-OS, RZ-I-OS & CU-I-OS
The above-entitled comprehensive plan amendment, rezone with development agreement and conditional
use application came before the Eagle City Council for their action on May 24, 2005 and Júne 28, 2005, at
which time testimony wa? taken. The Eagle City Council having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact ánd Conclusions
of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Eagle Heights Baptist Church, represented by CSHQA, is requesting a Comprehensive
Plan Amendment to change the land use designation on the Comprehensive Plan Land
Use Map from Residential Four (up to four units per acre) to Central Business District, a
rezone from R-4 (Residential up-to four dwelling units per acre) to CBD-DA (Central
Business District with Development Agreement), and a conditional use permit to construct
a residentiaVcommercial development. The 1.83-acre site is generally located on the south
east corner of East Mission Drive and Eagle Road at 291 North First Street.
B.
APPLICA nON SUBMlTT AL:
The application for this item was received by the City of Eagle on January 5, 2005.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on February 14,2005, and March 14,2005. Notice
of this public hearing was mailed to property owners within three-hundred feet (300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and Eagle City Code on February 9, 2005, and March 9, 2005. Requests for
agencies' reviews were transmitted on January 7, 2005, in accordance with the
requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67,_Chapter 65, Idaho Code and the Eagle City
ordinances on April 26, 2005 and May 9, 2005. Notice of this public hearing was mailed
to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on April 27, 2005. Requests for agencies' reviews were transmitted on April 27,
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Code on April 27, 2005. Requests for agencies' reviews were transmitted on April 27,
2005, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
During the recent Soaring 2025 Western Area Plan study, the Planning and Zoning
Commission recommended an amendment to the Comprehensive Plan to change the land
use designation on the eastern side of Eagle Road (between Idaho Street and Mission
Drive) from Residential Four to Central Business District. The City Council determined
that the designation of this area as Central Business District should be considered upon the
individual property owners petitioning the City to amend the Comprehensive Plan rather
than as a City initiated amendment.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Four (up to R-4 (Residential) Church and related
four dwelling units per structures & vacant
acre maXImum parcel
Proposed Central Business District CBD-DA Residential/Commercial
development
North of site Residential Four (up to R-4 (Residential) Single-family and two-
four dwelling units per family dwellings
acre maximum)
South of site Residential Four (up to R-4 (Residential) Single-family dwellings
four dwelling units per
acre maximum)
East of site Residential Four (up to R-4 (Residential) Single-family dwelling
four dwelling units per
acre maximum)
West of site Public/Semi-Public PS (Public/Semipublic) Eagle Road &Eagle
Elementary School
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 7.7-units per acre Not limited within the CBD
Minimum Lot Size 16,71O-square feet 500-square feet
Minimum Lot Width ISO-feet 25-feet
Minimum Street Frontage N/A O-feet for commercial zoning
districts
Total Acreage of Landscaped Area .71-acres (30,937 square feet) No minimum required in the
CBD although 15% is required
for multi-family developments
Percent of Site as Landscaped Area 39% (Includes those areas within No minimum required in the
the parking area) CBD although 15% is required
for multi-family developments
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 1.83-acres
1.
APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
The letter submitted by the applicant's representative and date stamped by the City on
January 5, 2005, is incorporated herein by reference.
J.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The letter submitted by the applicant's representative and date stamped by the City on
January 5, 2005, is incorporated herein by reference.
K.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a draft copy of a development agreement with limited details
regarding the use of the property (the development agreement date stamped by the city on
January 5, 2005, is incorporated herein by reference). Staff has recommended additional
conditions to be placed within a development agreement, as provided below under Staff
Analysis Section "C".
L.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The City has received a letter from the Central District Health Department stating they
have no opposition to the project. The Eagle Sewer District states that the property is
currently served by the District and that any proposed change to the site would require
review by the District for potential impacts to the system. A service approval letter from
Eagle Water is required prior to the issuance of any building permits for the site.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N.
NON -CONFORMING USES:
The subject parcels currently have no paved parking lots nor is there sufficient
landscaping that would meet the City's current standards. Further, though the site has
been functioning as a church use for a number of years, it is not apparent that the church
has received a conditional use permit which Eagle City Code requires the approval of for a
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church in a residential district. These deficiencies constitute a non-conforming use of the
property, which will be remedied upon the removal of the existing buildings and the
proposed improvements to the site being completed.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health Department
Eagle Sewer District
P.
LETTERS FROM THE PUBLIC:
Letter from Geoffrey and Tiffin Bennett, 299 North First Street, Eagle ill 83616, dated
February 28, 2005.
Letter from Penelle Christensen, 285 North First Street, Eagle ill 83616, dated April 4,
2005.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
WHICH ARE OF SPECIAL CONCERN
The subject property is currently zoned R-4 with a Comprehensive Plan Land Use Map
designation of Residential Four (up to four units per acre).
Chapter 1 - Overview
.
1.3
The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
a. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
f.
an economically strong city that fosters local businesses and clean industry.
Chapter 5 - Economic Development
5.1
Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.5
Implementation Strategies
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b. Encourage a diversity of uses in the Central Business District.
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
Chapter 6 - Land Use
6.1
Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
key element of land use planning. Unplanned growth results in undesirable land
use patterns. Areas within the City and within the Impact Area are given land use
designations which are depicted on the Comprehensive Plan Land Use Map,
hereinafter referred to as the "Land Use Map".
The Land Use Map is an integral part of the Comprehensive Plan. It serves as a
planning policy document and planning tool that will assist the City in sustaining
responsible growth and development to ensure that evolving land use patterns
remain consistent with goals, objectives and strategies of the Plan.
6.2
Land Use Designations
Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public. cultural, residential and other related
uses are encouraged. The greatest possible concentration of retail sales and
business is to occur in this land use designation. Pedestrian friendly uses and
developments are encouraged. Land within this district requires a CBD zoning
designation upon any rezone.
6.7
Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
c.
Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, manufactured homes,
affordable and subsidized housing and large acreage developments.
f.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan Land
Use Map
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m. Promote commercial service and retail development within the Central
Business District that contributes to a pedestrian friendly environment.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
Chapter 13 - Implementation
13.5
Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Councilor any group or person may petition the City Planning and
Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
13.7
Implementation Strategies
c.
Any person applying for a Comprehensive Plan amendment shall submit a
justification letter for the amendment which shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change
being made in the Plan.
4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need
any such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under
the current policies of the Plan.
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6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact on infrastructure expected
to occur by any proposed change.
8. Any other data and information required by the City for their
evaluation of the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states in part that multi-family dwellings reqUIre the approval of a
conditional use permit within the CBD zoning district.
C. DISCUSSION:
.
The Eagle First Baptist Church is currently located on the subject site, and has been improved
with minimal landscaping around the buildings and is served by an unpaved parking lot.
Eagle Road abutting the west side of this site is improved with curb, gutter, planter strip with
trees, and a five-foot wide detached concrete sidewalk. Mission Drive abutting the north side
of this site is improved with curb, gutter, and a five-foot wide attached concrete sidewalk; 1 sl
Street abutting the south side of this site is improved with curb only and the current terminus
is proposed to be constructed with a cul-de-sac turnaround with curb, gutter and six-foot wide
sidewalk.
The applicant has submitted a conceptual drawing of the parcel showing the existing buildings
being removed and a mixed use development of single-family dwellings atop office/retail uses
to be constructed in its stead. The site is proposed to be accessed through a twenty-four foot
(24') wide driveway on Mission Drive, located approximately 480-feet east of Eagle Road. 1 sl
Street will provide access to the site via the cul-de-sac at two points: one twenty-four foot
(24') wide driveway on the east side, and one twenty-four foot (24') wide driveway on the
west side of the turnaround.
.
Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The justification letter submitted by the
applicant states that the Eagle Heights Baptist Church intends to relocate to a larger site
outside of the downtown area and, with the recent attempt by the City to amend land use
designations on the Comprehensive Plan relative to other properties within the vicinity of the
subject site, the applicant feels that a Central Business District designation is appropriate.
Eagle Road abutting the west side of this site has evolved from a rural roadway to a main
entrance into the Central Business District, as may be evidenced by the increase in traffic
volume and the recent improvement of the roadway with curb, gutter and a five-foot wide
concrete sidewalk separated from the back of curb by a tree-lined landscape strip. These
conditions may be considered suitable for the property to support a mixed use development
consisting of multi-family, office and retail uses rather than as a traditional single-family
dwelling. Further, properties on either side of Eagle Road in this subject area are changing
from single-family residential uses as they have been found to be more conducive to a mix of
commercial and public uses.
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.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4» seeks to
identify "the public benefit that would occur from such a change in the plan." The applicant's
justification letter generally states that the location of the project in the vicinity of the
downtown area promotes a development with a fresh/attractive curb appeal, supports current
trend of telecommuting and encourages pedestrian travel rather than automobile. This
proposed project is not a typical residential development, and with its close proximity to the
Central Business District, as well as the inclusion of a commercial element that is
characteristic of a traditional neighborhood design, is contributive to a community
environment with a unique identity. The development fits well with the Comprehensive Plan
since the Plan calls for a diverse mix of housing stock and urban-type growth of residential
uses located close to the downtown, and aids in implementing a higher residential component
to the Central Business District that has not been fully achieved. In addition, the proposed
commercial uses within this development, as well as those existing in the vicinity, will
contribute to a pedestrian friendly environment since residents can easily walk to local
establishments. It may further be considered that the proposed traffic flow configuration of the
development solidifies 1 st Street as a residential roadway since the emphasis of access to the
commercial uses within the development will be via Mission Drive. The location of multi-
family dwellings near the downtown area contributes to an active, livable, and vibrant
downtown (as well as an opportunity to increase the city's current commercial base) which in
turn tends to create a safe and welcoming community.
The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5» asks for
"An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". The
applicant's reply in the justification letter states that larger lots with larger house (the most
likely scenario should the site be developed at up to four dwelling units per acre) is "out of
character" with the existing homes in the area and that a mixed use development better
represents current development trends. With the current zoning designation of residential, the
property is limited to few uses, such as single-family dwellings or the continuation as a church.
As a church, the small size of the church, as well as the parcel itself, hinder the site from being
developed further; as membership in the congregation grows, the need for more space
increases, yet economic prudence and space limitations hamper improvement of the site.
Further, there is no incentive to make improvements to the site since it may continue the status
quo as a nonconforming use (provided no structural alterations are made). It seems unlikely
that the site will be redeveloped as single-family residences since it may be determined that
due to the value and location of the property, single-family dwellings may not be the highest
and best use for the property. A likely solution may be to change the zoning designation to
allow the site to be improved to accommodate uses that are both residential and commercial in
nature; otherwise, it is likely the site will remain unimproved.
.
STAFF RECOMMENDA nON PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan amendment and rezone with development agreement, with the staff
recommended conditions to be included within a development agreement, and a conditional use
permit with conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
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28, 2005, at which time testimony was taken and the item was continued to March 7, 2005, and re-
noticed for April 4, 2005, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals with concerns regarding increases in traffic on First Street and Mission Drive;
the difficulty of traveling on streets in the city due to existing traffic in the area; that there should only
be ingress/egress for the site to Mission Drive; that the site will become rental units or inhabited by
people without children who won't have the same concerns for the neighborhood as those currently
living in the area; and that while there is an understanding that the church property will redevelop, the
site should be limited to single-family dwellings or senior housing only.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
eight (8) individuals (other than the applicant/representative) who felt that the development would not
generate as much traffic as currently exists after improvements are made to the site (eliminating cut-
through traffic); that the development will have a unique design that would fulfill a need within the
downtown area; that the live/work concept would compliment uses within the Central Business
District; and that the expansion of the church is not feasible due to monetary and physical constraints
(of the property) .
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by two (2) individuals with concerns about the increase in traffic and pollution on First
Street caused by the redevelopment of the subject site; the need to limit the number of residential and
commercial units and to limit said units to access on Mission Drive only to decrease traffic on First
Street; the need to put up a fence on the subject site to protect the privacy of adjacent residents; the
need to utilize a closed cul-de-sac at the end of First Street a vehicle turnaround only; the need to
preserve the quality of life of Eagle citizens; the need to protect children walking to school on Mission
Drive; and that no public hearing notice sign was posted on First Street for the February 28, 2005,
meeting.
COMMISSION DECISION:
The Commission voted 3 to 1 (Pierce against, Lien absent) to recommend approval of CPA-I-05,
RZ-I-05 & CU-I-05 for a change to the land use designation on the Comprehensive Plan Land
Use Map from Residential Four (up to four dwelling units per acre) to Central Business District
and a rezone from R-4 (Residential-up to four dwelling units per acre) to CBD-DA (Central
Business District with Development Agreement) with the following staff recommended conditions
to be included within a development agreement and with the following site specific conditions of
approval for a conditional use permit as shown within their Findings of Fact and Conclusions of
Law document, dated April 18, 2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 24, 2005, and continued
to June 28, 2005, at which time testimony was taken and the public hearing was closed. The Council
made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by one (1).
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
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applicant/representati ve).
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek absent) to approve CPA-I-OS, RZ-I-05 & CU-I-05 for a
change to the land use designation on the Comprehensive Plan Land Use Map from Residential
Four (up to four dwelling units per acre) to Central Business District and a rezone from R-4
(Residential-up to four dwelling units per acre) to CBD-DA (Central Business District with
Development Agreement) with the following conditions to be included within a development
agreement:
2.1 The owner shall submit a Design Review application for the site (as required by the Eagle City
Code) and shall comply with all conditions required by Eagle as a part of the Design Review
prior to issuance of a certificate of occupancy. The applicant shall submit a master building
design plan showing signage, common area, street trees, existing trees, pathways, buffer areas,
perimeter fencing, etc. and general design criteria including composition, color, materials, and
architectural themes in compliance with the Eagle Architecture and Site Design Book
(EASD). The master plan shall be reviewed and approved by the Design Review Board prior
to the issuance of any building permits for the site.
2.2 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B" - date stamped by the
City on Febmary 18, 2005June 3. 2005) represents an example of the Applicant's current
concept for the site and understands and agrees that non-substantial changes in that concept
will likely occur. To eliminate adverse effects on adjacent properties, the applicant shall
install traffic calming devices within the parking lot to reduce the enticement for drivers to use
the site as a cut-through access between First Street and Mission Drive. Eagle hereby
acknowledges that the attached Building Elevation Plans (Exhibit "c" - date stamped by the
City on January 5, 2005) represents an example of the Applicant's current concept for the
structures and understands and agrees that non-substantial changes in that concept will likely
occur. The Applicant also understands and agrees that any changes regarding development of
the site must be in conformance with the "Conditions of Development" stated herein.
2.3 The development shall comply with the Eagle City Code, as it exists in its final form at the
time an application is made this development agreement is recorded and the conditions within
this agreement shall be satisfied.
~ The site shall be limited to a maximum of thirteea (13) fifteefl (15) Fourteen (14)
dwelling units. Except f.or the limitatiofls afld aIlO\\'äflces eJlpr-essly set f{)rth is tHis
.^.greemest, tHe uses which are shown as permitted (P) shall be the only uses permitted and
those uses shoviB as conditional (C) uses uader the Central BHsiaess District zoniflg
desigfiatioR within Eagle City Code Section 8 2 3 "Official Schedule of District RegulatioRs"
shall require the approval of a coRditiofial use permit Rot be permitted.
2.5 Use on the site shall be limited to those list here in. All uses listed shall be principallv
permitted and all use not listed will be prohibited on the site:
Home Occupations
Planned Unit Development
Artist Studio
Arts and Crafts shows
Beautv/barber Shop
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Familv & Group Childcare
Convenience Store w/o fuel service (hours limited to Jam to 10pm)
Electronics sale. shop & repair
Food and BeveraJ!e Sales. ExcludinJ! liQuor sales(hours limited to Jam to LOpm)
Health club. spa. weiJ!ht reduction salons
Home and business services
Laboratories
Laundry Service with no drive UP
MassaJ!e Spa
Office Business and professional
Personal Improvement
Personal Service
PhotoJ!raphic Studio
Professional Activities
Restaurant (no drive thru) (hours limited to Jam to 10pm)
Retail Sales Limited
Retail Sales (pharmacv and medical)
Travel services
Upholsterv service
Vet Clinic (excludes overniJ!ht boardinJ!)
Government BuildinJ!s
Librarv
Museum
2.6 The development shall be responsible for POStillJ! siJ!naJ!e alonJ! the south side of
Mission Street statinJ! "2-Hour ParkinJ!". Said siJ!na!!e shall be constructed and installed
in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), current
edition. Enforcement of said parkinJ! limits shall be bv the Citv of EaJ!le and/or city
desiJ!nated aJ!ent havinJ! iurisdiction or authority to monitor said limits.
2.7 The Applicant shall submit a condominium plat for review and approval by the City prior
to the issuance of a building permit.
2.8 The development shall remain under the control of one Owners Association. An outside
maintenance contractor shall be hired by the Owner's Association to care for the common
areas within the development. The association shall have the duty to ensure that all the
common landscape and parking areas are maintained and operated in a competent and
attractive manner (including the watering, mowing, fertilizing and caring for shrubs and trees).
The applicant shall provide a copy of the CC&Rs for review by the City Attorney which
define the guidelines for the contracting of an outside maintenance firm, prior to the issuance
of any building permits.
2.9 The CC&Rs for the Owner's Association shall provide that the storage of any vehicles,
whether they are automobiles, recreational vehicles and equipment, watercraft and the like
shall only be stored off-site, and are prohibited from being parked or stored in the parking
area. The applicant shall provide a copy of the CC&Rs for review and approval which
includes a statement addressing the aforementioned restrictions, prior to the issuance of a
building permit.
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2.10 AlIliviRg trees tHat do Rot eReroach \:IpOB tHe ÈHÚldable area of tHe site shalll3e preserved,
unless otherwise determiBeà by the City Forester. A detailed landscape plan showing
locations of existing trees (both to remain and to be removed) shall be submitted to the City
for review. The applicant is required to show on the plan how the trees (if any) will be
integrated into the common areas (unless approved for removal by the City Forester and the
Design Review Board) and shall provide the plan for Design Review Board approval prior to
the issuance of a building permit.
2.11 The .^.pplieaHt shall remove all structures from the Property prior to the City adoptiflg an
ordiHance to reZORe the property to the CBD ZOFIÍRg district. The applicaRt shall obtaiR a
demolition permit from the City prior to the commencemeRt of any coRstructiOR OR the site.
Upon the submittal of either a design review application for the site, or a demolition permit for
the removal of the existing structures from the site, the City will commence with an ordinance
to rezone the property to the CBD zoning district.
CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The use (multi-family dwelling) is approved with this application. The property is subject to the
conditions of design review.
2. Three-story buildings are permitted to be constructed on the site provided that no portion of the
buildings shall exceed thirty-five feet (35") in height.
3. Comply with all requirements of RZ-I-05 and the Development Agreement approved for this site.
4. Any overhead utilities serving or adjacent to the site the site shall be located underground.
5. The applicant shall submit a design review application with a streetscape plan showing the
improvements to Mission Drive to include a five-foot (5') wide sidewalk with vertical curb, street trees
and historic street lights. Plaza area, pedestrian amenities and landscaping details surrounding the
buildings are to be included in the plan. Design and materials of these features shall be submitted for
review and approval by the Design Review Board prior to the issuance of a building permit
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 5, 2005.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 14, 2005, and March 14, 2005. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 9, 2005, and
March 9, 2005. Requests for agencies' reviews were transmitted on January 7, 2005, in accordance
with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on April 26, 2005
and May 9, 2005. Notice of this public hearing was mailed to property owners within three-hundred
Page 12 of 15
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feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on April 27, 2005. Requests for agencies' reviews were transmitted
on April 27, 2005, in accordance with the requirements of the Eagle City Code.
3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA-I-OS) and based upon the information provided concludes that the proposed
comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
Eagle Road abutting the west side of this site has evolved from a rural roadway to a main entrance into
the Central Business District, as may be evidenced by the increase in traffic volume and the recent
improvement of the roadway with curb, gutter and a five-foot wide concrete sidewalk separated from
the back of curb by a tree-lined landscape strip. These conditions are considered suitable for the
property to support a mixed use development consisting of multi-family, office and retail uses rather
than as a traditional single-family dwelling. Further, properties on either side of Eagle Road in this
subject area are changing from single-family residential uses as they have been found to be more
conducive to a mix of commercial and public uses. The development fits well with the
Comprehensive Plan since the Plan calls for a diverse mix of housing stock and urban-type growth of
residential uses located close to the downtown, and aids in implementing a higher residential
component to the Central Business District that has not been fully achieved. In addition, the proposed
commercial uses within this development, as well as those existing in the vicinity, will contribute to a
pedestrian friendly environment since residents can easily walk to local establishments.
4. The Council reviewed the particular facts and circumstances of this proposed rezone with development
agreement (RZ-I-05) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed rezone is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of CBD-DA (Central Business District with
Development Agreement) is in accordance with the Central Business District
classification as recommended to be changed on the Comprehensive Plan Land Use
Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
required to be provided, to serve a mixture of residential and commercial uses on this
property under the proposed zone;
c. The proposed CBD-DA (Central Business District with Development Agreement) is
compatible with the R-4 zone (ResidentiaJ) to the north, south and east since all
commercial development is required by Eagle City Code to be designed with
appropriate landscaping buffers and screening between the proposed commercial
development and existing residential uses. Further, the proposed development, as
required in the development agreement, is to be designed with an appearance and
function that places a greater emphasis on the residential element of the project to
compliment the existing dwelling units in the area, and;
d. The proposed CBD-DA (Central Business District with Development Agreement) is
compatible with Eagle Road and the PS (Public/Semipublic) zoning district to the west
since this site will not have access to Eagle Road which will alleviate any potential
vehicle conflicts. Further, the subject development will have no adverse effects on the
parcel to the west which is slated for an extension of the Eagle Elementary School
parking lot, and;
Page 13 of 15
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e.
f.
The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
No non-conforming uses are expected to be created with this rezone since the applicant
is required to remove any non-conforming structures from the site prior to the City
approving an ordinance to rezone the property.
5. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CD-I-OS) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 since multi-family dwellings may be permitted in the CBD
(Central Business District) zoning district if a conditional use permit is approved
by the City Council;
B.
Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since there are no inconsistencies with the recommended change to
the Comprehensive Plan and since multi-family dwellings are permitted with the
approval of a conditional use within the CBD (Central Business District) zoning
district;
C.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the multi-family dwellings are required to be designed with architectural
features that are residential in character to compliment the single-family dwellings
in the area. The development has also been designed to focus activity onto
Mission Drive and is to be constructed with traffic calming devices to discourage
cut-through traffic to First Street, and;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
the site is to be designed with appropriate landscaping buffers and screening
between the proposed commercial development and existing residential uses.
Further, the project is to be designed with pedestrian friendly elements, traffic
calming devices, and architectural features that places a greater emphasis on the
residential element of the project to compliment the existing dwelling units in the
area, and;
E.
Will be served adequately by essential public facilities that are currently available
to the site such as highways, streets, police and fire protection, drainage structures,
refuse disposal, sewer and schools; or that the persons or agencies responsible for
the establishment of the proposed use shall be able to provide adequately any such
services as noted in responses received by agencies providing the public services,
or as conditioned herein;
F.
Will not create excessIve additional requirements at public cost for public
Page 14 of 15
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facilities and services and will not be detrimental to the economic welfare of the
community since the site has been improved, or is required to be, with essential
public facilities such as streets, sewer and water services;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors
since the site will be required to provide landscaping buffers and other screening
methods to mitigate potential noise and glare emanating from the site. Further,
the development agreement approved with the rezone for this site limits the type
of uses permitted within the project to alleviate the potential for overly intensive
uses that may be incompatible with the surrounding residential uses, and;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved by the highway district having jurisdiction; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site
6. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 12th day of July 2005.
ATTE T:
~("-"V. -\( ~~~~
-Sharon k.. Bergmann, Eagle City Cle k
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Page 15 of 15
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Recording Requested By and
When Recorded Return to:
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into this - day of , 2005,
by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Eagle Heights Baptist Church. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 291
North 1 5t Street, Eagle, Idaho, ("Property"), as specifically defined in the attached legal
description (Exhibit A) which is the subject of an application for Rezone identified as Rezone
Application No. RZ-I-05; and
WHEREAS, the proposed development includes properties within an area currently
zoned Residential-Four; and
WHEREAS, the Applicant desires a Central Business District with a development
agreement(CBD-DA) zoning classification to develop a multi-story, multi unit residential
condominium (project as identified on the attached site plan) use on the above described
property, which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
detennined that the scope of any mixed use project upon the Property must be limited to prevent
undue damage to, and to otherwise be in hannony with, the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts
of the development upon neighboring properties and the existing community and ensuring the
Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
Page 1 of 9
K:\Plalllllllg IkptlEagle ApplieationslCPA \200SICP A-I-OS & RZ-O 1-05 pz DAfinal.doe
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a Central Business
District with a Development Agreement (CBD-DA) zoning designation for the Property with the
requirements set forth in this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to
submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
l(C)(l); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to a Central Business District (CBD) zoning designation,
after recordation of, and subject to the provisions of this Development Agreement. The
ordinance will become effective after its passage, approval, and publication and the execution
and recordation of this Development Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The owner shall submit a Design Review application for the site (as required by the Eagle
City Code) and shall comply with all conditions required by Eagle as a part of the Design
Review prior to issuance of a certificate of occupancy. The applicant shall submit a master
building design plan showing signage, common area, street trees, existing trees, pathways,
buffer areas, perimeter fencing, etc. and general design criteria including composition, color,
materials, and architectural themes in compliance with the Eagle Architecture and Site
Design Book (EASD). The master plan shall be reviewed and approved by the Design
Review Board prior to the issuance of any building permits for the site.
2.3 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B"- date stamped by the City
on June 3,2005) represents an example of the Applicant's current concept for the site and
understands and agrees that non-substantial changes in that concept will likely occur. To
eliminate adverse effects on adjacent properties, the applicant shall install traffic calming
devices within the parking lot to reduce the enticement for drivers to use the site as a cut-
through access between First Street and Mission Drive. Eagle hereby acknowledges that the
attached Building Elevation Plans (Exhibit "c" - date stamped by the City on January 5,
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K:\Plmllllng DeptlEagle Applicatiolls\CPAI2005\CPA-I-O5 & RZ-Ol-O5 pz DAfillal.~oc
2005) represents an example of the Applicant's current concept for the structures and
understands and agrees that non-substantial changes in that concept will likely occur. The
Applicant also understands and agrees that any changes regarding development of the site
must be in conformance with the "Conditions of Development" stated herein.
2.4 The development shall comply with the Eagle City Code, as it exists in its final form at the
time an application is made this development agreement is recorded and the conditions
within this agreement shall be satisfied.
2.5 The site shall be limited to a maximum Fourteen (14) dwelling units.
2.6 Use on the site shall be limited to those list here in. All uses listed shall be principally
permitted and all use not listed will be prohibited on the site:
Home Occupations
Planned Unit Development
Artist Studio
Arts and Crafts shows
Beauty/barber Shop
Family & Group Childcare
Convenience Store w/ 0 fuel service (hours limited to 7am to Wpm)
Electronics sale, shop & repair
Food and Beverage Sales, Excluding liquor sales(hours limited to 7am to Wpm)
Health club, spa, weight reduction salons
Home and business services
Laboratories
Laundry Service with no drive up
Massage Spa
Office Business and professional
Personal Improvement
Personal Service
Photographic Studio
Professional Activities
Restaurant (no drive thru) (hours limited to 7am to Wpm)
Retail Sales Limited
Retail Sales (pharmacy and medical)
Travel services
Upholstery service
Vet Clinic (excludes overnight boarding)
Government Buildings
Library
Museum
Page 3 of 9
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2.7 The development shall be responsible for posting signage along the south side of Mission
Street stating "2-Hour Parking". Said signage shall be constructed and installed in
accordance with the Manual on Uniform Traffic Control Devices (MUTCD), current edition.
Enforcement of said parking limits shall be by the City of Eagle and/or city designated agent
having jurisdiction or authority to monitor said limits.
2.8 The Applicant shall submit a condominium plat for review and approval by the City prior to
the issuance of a building permit.
2.9 The development shall remain under the control of one Owners Association. An outside
maintenance contractor shall be hired by the Owner's Association to care for the common
areas within the development. The association shall have the duty to ensure that all the
common landscape and parking areas are maintained and operated in a competent and
attractive manner (including the watering, mowing, fertilizing and caring for shrubs and
trees). The applicant shall provide a copy of the CC&Rs for review by the City Attorney
which define the guidelines for the contracting of an outside maintenance firm, prior to the
issuance of any building permits.
2.10 The CC&Rs for the Owner's Association shall provide that the storage of any vehicles,
whether they are automobiles, recreational vehicles and equipment, watercraft and the like
shall only be stored off-site, and are prohibited from being parked or stored in the parking
area. The applicant shall provide a copy of the CC&Rs for review and approval which
includes a statement addressing the aforementioned restrictions, prior to the issuance of a
building permit.
2.11 A detailed landscape plan showing locations of existing trees (both to remain and to be
removed) shall be submitted to the City for review. The applicant is required to show on the
plan how the trees (if any) will be integrated into the common areas (unless approved for
removal by the City Forester and the Design Review Board) and shall provide the plan for
Design Review Board approval prior to the issuance of a building permit.
2.12 Upon the submittal of either a design review application for the site, or a demolition permit
for the removal of the existing structures from the site, the City will commence with an
ordinance to rezone the property to the CBD zoning district.
ARTICLE III
AFFIDA VIT OF PROPERTY OWNERS
3.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
Page 4 of 9
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K:\Piunning DeptlEugie ApplicutionsICPA\2005\CP A-i-O5 & RZ-Oi-O5 pz DAfinuLuoc
ARTICLE IV
DEFAULT
4.1 In the event the Applicant fails to comply with the commitments set forth herein, within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right,
without prejudice to any other rights or remedies, to cure such default or enjoin such
violation and otherwise enforce the requirements contained in this Development Agreement
or to terminate the Development Agreement following the process established in Eagle City
Code Section 8-10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall terminate and the zoning of the property
shall revert to the Residential-Four zoning designation unless the portion of this instrument
determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant
(or other appropriate party) and Eagle as an amendment to the Development Agreement
processed in accordance with the notice and hearing provisions ofIdaho Code Section 67-
6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Applicant. Each commitment and restriction on the
development shall be a burden on the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
with the land. This Development Agreement shall be binding on the Applicant and owners,
and their respecti ve heirs, administrators, executors, agents, legal representati ves, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property or any
Page 6 of 9
K:\Plalllling DeptlEagle ApplicationsICPAI2005ICPA-1-05 & RZ-OI-O5 pz DAfinul.dnc
portion thereof (including, without limitation, any owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE Vll
GENERAL MA TIERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Development Agreement. As used in this
Development Agreement, masculine, feminine or neuter gender and the singular or plural
number shall each be deemed to include the others wherever and whenever the context so
dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State of Idaho in effect at the time of the execution of this Development
Agreement. Any action brought in connection with this Development Agreement shall be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither
party shall have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery
service, to the party to whom the notice is directed at the address of such party set forth
below;
Eagle:
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owner:
Eagle Heights Baptist Church ("EHBC")
291 North 1st Street
Eagle, Idaho 83616
Page 7 of 9
K:\Plamling DeptlEagle ApplicationsICPAI200SICPA-¡-05 & RZ-O I-OS pz DAfinal.Joc
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours
after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-
four (24) hours after timely deposit with a reputable overnight delivery service.
7.6 Effective Date. This Development Agreement shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or
after 7-years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this - day of
,2005.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
Nancy C. Merrill, Mayor
ATTEST:
Sharon K. Bergmann, City Clerk
By:
Mike Maudlin, Pastor (Applicant)
Eagle Heights Baptist Church
ST A TE OF IDAHO)
: ss.
County of Ada)
On this - day of , 2005, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
Page 8 of 9
K:\PlallllÌl1g DeptlEagle AppücatiollsICPA1200SICPA'¡'OS & RZ-OI-OS pz DAtillaLduc
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO)
: ss.
County of Ada)
On this - day of , 2005, before the undersigned notary public in and for
the said state, personally appeared , known or identified to me to be the
owners of the property referenced herein. and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
Page 9 of 9
KoIPlamlÌllg DeptlEagle AppocationsICPAI2005ICPA-I-O5 & RZ-OI-O5 pz DAfinaLdoc
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~if~:;<;f:~\~'~.!?~~~U~;'þ~i~';~y,,:'~~'¡'~'~;'~~l~I1"t.,¡.'ein~' .',the Northwest
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EXHIBIT A
ACHD PROJECT NO. 52056.0
EAGLE ROAD (State Street to Floating Feather Road )
RIGHT-OF-WAY PARCEL # 33
OWNERS: The New Heights Baptist Church, Inc.
Lot 6, Block 1, Mission Subdivision
Legal DescriDtion for AdditionaJ Public Rililit-of- Way
A parcel of land for Public Right-of-Way located in the Northwest Quarter of the
Southwest Quarter of Section 9, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, and being a portion of Lot 6, Block I, Mission Subdivision, according to the official plat
thereof, filed in Book 22 of Plats at Page 1428, records of Ada County, State ofIdaho, said
parcel being more particularly described as follows:
Commencing at the northwest corner of Lot 6, Block I of said Mission Subdivision,
thence North 90°00'00" East (formerly East), 20.50 feet along the north boundary of said Lot 6
to a point, said point being the REAL POINT OF BEGINNING;
Thence continuing North 90°00'00" East (fonnerly East), 12.00 feet along the north boundary of
said Lot 6 to a point;
Thence South 0°00'00" East, 3.00 feet to a point;
Thence South 90°00'00" West, 12.00 feet to a point;
Thence North 0°00'00" West, 3.00 feet to a point, said point being the Real Point of Beginning.
Said Parcel contains 0.0008 Acres or 36 Square Feet, more or less.
Subject to easements of record or in use.
Basis of Bearing: North 0°00'00" East (formerly NORTH) along the Section Line
common to Sections 8 and 9, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, as shown on the official Plat of Mission Subdivision, according to the official plat thereof,
filed in Book 22 of Plats at Page 1428, records of Ada County, State ofIdaho.
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