Findings - CC - 2004 - CUP for Mobile office with Drive Up service - Pre-Manufactured Mobile Office With Drive Up Service
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A )
MOBILE OFFICE WITH DRIVE )
UP SERVICE FOR HOME FEDERAL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-2-04
The above-entitled conditional use permit application came before the Eagle City Council for their action
on June 8,2004. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Home Federal, represented by Insight Architects, is requesting conditional use approval to
place a mobile office (pre-manufactured bank facility) on-site with one drive-up service
lane. The .63-acre site is generally located on the northeast comer of Eagle Road and East
Riverside Drive in the Eagle River Commercial Development.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 4, 2004.
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 March 30, 2004. Notice of this public heanng 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 March 25, 2004. Requests for agencies' reviews were transmitted on March 9,
2004, 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 May 17, 2004. 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 May 14,2004.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 13, 2004, the Eagle City Council approved a conditional use permit (CU-l3-
03) for a bank facility with drive up service for this site.
On March 16, 2004, the Eagle City Council approved a design review (DR-3-04) for a
bank facility for this site.
K COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
Proposed No Change No Change Temporary mobile office
(Bank Facility) with one
drive up service lane
North of site Commercial C-3-DA (Highway Business Wendy's Restaurant with
District with Development one drive-thru service lane
Agreement)
South of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
East of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
West of site Public / Semi-Public & C-l (Neighborhood Business Eagle Road & North
Commercial District) Channel Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The parcel is currently vacant, with partial parking and drive aisle improvements
completed with the construction of the Wendy's fast food restaurant on the parcel to the
north. Landscaping has been completed on the western boundary (improved with the
development of the Eagle River Commercial development).
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.63-acres (27,390 S. F.) 0.03-acres (1300 S.P.) minimum
Percentage of Site Devoted to 3.2% 92% - (maximum - or as may be
Building Coverage limited by ECC requirements)
Percentage of Site Devoted to 4.3% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 22-spaces (includes 1 handicap 5-spaces, plus queue space for four
space) cars per the drive up window
Front Setback (west) 450-feet (approximate) O-feet minimum
Rear Setback (east) 19-feet O-feet minimum
Side Setback (north) O-feet O-feet minimum
Side Setback (south) 29-feet O-feet minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The temporary placement of one (1) mobile office for the operation of a bank facility with
one (1) drive-up service lane is to be used during the construction of the permanent facility
approved for this site.
Height and Number of Stories of Proposed Buildings:
A single story modular unit measuring eleven-feet, four-inches (11' - 4") in height from the
average ground level adjacent to the building to the peak of the roof will be placed on-site.
Gross Floor Area of Proposed Buildings: 896-square feet
On and Off-Site Circulation:
The shared parking lot is to be served by three (3) shared driveways (through reciprocal
ingress-egress easements among the adjacent lots); two (2) accessing East Riverside Drive
to the east and southeast, and one (1) accessing East Eagle River Street to the north. The
temporary single drive up service lane located on the west side of the modular unit will be
accessed by traveling south from the parking lot and entering a two-lane drive aisle
accessing the northerly driveway on East Riverside Drive.
K. PUBLIC SERVICES A V AILABLE:
A review letter from the Eagle Fire Department states they have no concerns regarding the
temporary facility. The Eagle Sewer District states the site is within the District's service
boundaries and construction plans will need to be approved prior to the connection of
sewer service. Approval of the water company having jurisdiction over the site is required
prior to the issuance of any building permits for the site.
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L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - the site is located within the 100-year and 500-year floodplain
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan was provided to and reviewed by the City Engineer for
the Eagle River Development (a copy is on file with the City Engineer). In addition,
because this site was included within the calculations for the Flood Plain Development
Permit (FPDP-5-00) for the Eagle River Development, this development will not alter
previously approved development plans.
P. 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
Eagle Fire Department
Eagle Sewer District
Idaho Power
Q. LETTERS FROM THE PUBLIC:
Letter from Eagle River Development. 485 East Riverside Drive. Eagle. ill 83616. date
stamped by the City on April 8. 2004
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
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);
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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;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets. police
and fire protection, drainage structures. refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
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;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction. loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5 Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
h. Promote additional employment opportunities and expand the economic base by
a) encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
B. ZONING ORDINANCE PROVISIONS. WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-2-3 states that a mobile office requires the approval of a conditional use permit
within the C-3 zoning district.
. ECC Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
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C. DISCUSSION:
. The primary concern with this application is the length of time that the mobile office will
remain at the site. While it is understood that it may be important to a business to establish a
clientele base prior to entering a new market area. the use of temporary unit in lieu of the
construction of a permanent facility should not continue indefinitely. The applicant should be
required to remove the mobile office from the site no later than one year from the date of City
Council approval. or prior to the issuance of a certificate of occupancy for the permanent bank
facility to be constructed on the western portion of this site, whichever occurs first
. With the review of an application that includes the use of a drive up service. consideration
should be given to surrounding uses and roadways due to noise and headlight glare created by
the vehicles accessing the site. Because commercial uses exist or are proposed to be
constructed surrounding this site. there will be little impact on the adjacent properties and
uses. The drive up service lane is to be located in the middle of a cluster of existing (or soon
to be developed) buildings. landscaping. and parking. which will block the headlights from
projecting into the adjacent roadways. In addition. the drive up service lane is proposed to
direct vehicle travel from north to south within the parking lot, where the driver has the option
to access a drive aisle connective to the adjacent local roadway; the drive up service lane will
not direct traffic into a roadway where headlight glare would negatively impact passing
vehicles.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the conditional
use permit with the site specific conditions of approval and the standard conditions of approval
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 April
19. 2004, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of a conditional use permit for a Mobile
Office with drive up service for Home Federal, with the recommended site specific conditions of
approval and standard conditions of approval shown within their Findings of Fact and Conclusions
of Law document, dated May 10,2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 8. 2004. at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
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B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative ).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-2-04 for a conditional use permit for a Mobile Office
with drive up service for Home Federal with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The mobile office shall be removed from the site no later than eighteen (18) months from the issuance
of a Zoning Certificate for the mobile office, one year from the date of occupancy of the mobile office.
or prior to the issuance of a certificate of occupancy for the permanent bank facility (to be constructed
on the western portion of this site), whichever occurs first. The property is subject to the conditions of
design review and the conditions noted herein.
2. Comply with all requirements of the development agreement dated, January 25, 2000. between the
City of Eagle and Eagle River LLC.
3. Comply with all requirements of FPDP-5-00 for the Eagle River Development and Mixed Use
Subdivision No.5 (PP-I-03).
4. A building permit is required prior to the installation of the mobile office.
5. No signs are proposed with this application and none are approved. A separate design review
application is required for the approval of any signs.
6. The applicant shall work with the representatives of the Eagle River development to satisfy all
conditions as listed in the letterfrom Eagle River. dated April 7, 2004.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters. streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits.
2. Department of Environmental Quality approval of the sewer and water facilities is required prior
issuance of any building permits.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
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accepting the project for service. prior to issuance of any building permits.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits.
The plans shall show how swales. or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits. The lot shall be so graded that all runoff
runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto
another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal. for irrigation water or irrigation waste water owned by
an organized irrigation district. canal company, ditch association, or other irrigation entity, shall be
obstructed, routed. covered or changed in any way unless such obstruction. rerouting. covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping. covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits.
9. Street light plans shall be submitted and approved as to the location. height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy.
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures. conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location. height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3.600
square feet, and 1,500 gallons per minute for non-residential uses (Le.; Commercial.
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit.
15. The applicant shall comply with the provisions of the Eagle City Code. pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building
permit.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code. Eagle City Code. and all applicable
County. State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
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may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
22. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
23. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights. claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 4, 2004.
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 March 30, 2004. 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 March 25, 2004. Requests for agencies' reviews
were transmitted on March 9, 2004, 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 May 17, 2004.
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 May 14, 2004.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-2-04) 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 a Mobile Office may be permitted in the C-3 (Highway
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
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Code Title 8) since there are no inconsistencies with the Comprehensive Plan and
since a Mobile Office is permitted with the approval of a conditional use within
the C-3 (Highway Business District) zoning district and the Comprehensive Plan
designates this site as Commercial;
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 Mobile Office will be located within a commercial development guided
by a development agreement that requires all buildings to adhere to certain design
guidelines whether the facilities are permanent or temporary;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the Mobile Office is a temporary facility to be used while the permanent bank
facility is being constructed (which has previously received conditional use and
design review approval) and is required to be removed from the site within a
specified amount of time as conditioned herein;
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
facilities and services and will not be detrimental to the economic welfare of the
community since the site has been improved 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 vehicles using the drive up service lane will be directed through the middle
of the parking lot and will not have a direct impact on passing motorists and
pedestrians on the adjacent roadways;
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
I. 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.
4. 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.
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DATED this 22nd day of June 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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