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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 Page 1 of 12 K:\Planning Dept\Eagle Applications\CU\2004\CU-02-04 cd.doc 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). Page 2 of 12 K:\P1anning Dept\Eagle Applications\CU\2004\CU-02-04 ccf.doc 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. Page 3 of 12 K:\Planning Dept\Eag1e Applicat!ons\CU\2004\CU-02-04 cd.doc 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); Page 4 of 12 K:\Planning Dept\Eag1e Applications\CU\2004\CU-02-04 ccf.doc 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. Page 5 of 12 K:\Planning Dept\Eag1e Applications\CU\2004\CU-02-04 cd.doc 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. Page 6 of 12 K:\Planning Dept\Eag1e Applications\CU\2004\CU-02-04 ccfdoc 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, Page 7 of 12 K:\Planning Dept\Eagle Applications\CU\2004\CU-02-04 cd.doc 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. Page 8 of 12 K:\Planning Dept\Eagle Applications\CU\2004\CU-02-04 ccfdoc 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 Page 9 of 12 K:\Planning Dept\Eagle Applications\CU\2004\CU-02-04 ccf.doc 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 Page J(j of 12 K:\Planning Dept\Eagle Applications\CU\2004\CU-02-04 ccf.doc 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. Page 1l of 12 K:\Planning Dept\Eagle Applications\CU\2004\CU-02-04 cd.doc DATED this 22nd day of June 2004. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho '- ATTEST: ,.",11 II 0'"", .......... ~'i OF S .... ~,...\. ........ ~O '. It v._ e. "..,."'". / Ie o\l.PO/? 000"'(f. ~ .. . G -1.;. . ':a I.: ~~ : : : ...~ : : : \'i :.: ~ (/10(' SEAL ,0 : \, .;.., -..o..p ,0,"..- i ":.: ..d -.po R A T~'O.- 0 .: .... - ~)'> ......... ~ .," "...j? 0 F I\) !'- ...... ..,........",' Page 12 of 12 K:\Planning Dept\Eagle Applications\C0\2004\CU-02-04 cd.doc