Findings - CC - 2005 - CU-11-05 - Height Exception To Allow 42'-11"/Rivendell Music Academy/3415 Flint Drive
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A BUILDING )
HEIGHT EXCEPTION FOR RIVENDELL MUSIC )
ACADEMY FOR KEN AND MARY CENELL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-ll-05
The above-entitled conditional use permit application came before the Eagle City Council for their action
on September 27, 2005. 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:
Ken and Mary Cenell, represented by Chad Slichter with Slichter Architects, are
requesting conditional use approval for a height exception to allow a 42' -II" high peak
roof and 45' -5" to top of spires, for Rivendell Music Academy. The height exception (the
portion of the building above 35-feet) is for the purpose of accommodating the design and
pitch of the roof with spires. The 3.75-acre site is located approximately 600-feet north of
State Highway 44 at 3415 West Flint Drive.
A. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 7,2005.
B. 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 July 25, 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 July 22,2005. Requests for agencies' reviews were transmitted on July II, 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 September 6, 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 September 7,
2005.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004, the Eagle City Council approved a comprehensive plan
amendment and rezone (CPA-3-03 & RZ-8-03) with a development agreement (including
a concept plan) for this site.
On April 12, 2005, the Eagle City Council approved a preliminary plat for Symphony
Subdivision (PP-07-04) on this site.
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D. COMPANION APPLICATIONS: None
E. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with Single-family dwellings
development agreement)
Proposed No Change No Change Rivendell Music Academy
North of site Transitional Residential A-R (Agricultural- Single-family dwellings
& Mixed Use Residential)
South of site Public/Semi-public & MU-DA (Mixed Use with State Highway 44, Camille
Mixed Use development agreement) & Beckman facility, and
Public/semipublic vacant State owned land
East of site Transitional Residential A-R (Agricultural- Single-family dwellings
Residential)
West of site Transitional Residential A-R (Agricultural- Single-family dwellings
Residential)
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There are several trees located around the existing home located on site. The City Forester
and the Design Review Board will need to review the location of the existing trees as part
of the Design Review process for retention and/or mitigation.
1. SITE DESIGN INFORMATION: N/A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
There is to be one building to include the music academy with practice rooms, reception
hall and concert hall.
Height and Number of Stories of Proposed Buildings:
The building is to be three stories with a height of 42-feet, II-inches to the peak of the
roof and 45-feet, S-inches to the peak of the spires.
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation: N/A
K. PUBLIC SERVICES AVAILABLE:
This site will be served by United Water and Eagle Sewer District (upon annexation by the
District).
L. PUBLIC USES PROPOSED: None
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M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - None
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
None Required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached within the
staff report.
Chevron Pipeline
Eagle Sewer District
Idaho Power Company
Q. LETTERS FROM THE PUBLIC: None received to date.
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);
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
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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
1. 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:
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Mixed Use.
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.3 Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Altemate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
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m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
n. Prepare and adopt design guidelines and development standards to be the
basis for design review of architectural, landscaping, signage and other visual
impacts of development projects.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and
any other such structures shall be limited to a maximum of thirty-five feet (35').
Additional height may be permitted if a conditional use permit is approved by the
City Council.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ARTICLE II - CONDITIONS ON DEVELOPMENT
2.9 The owner shall submit a Master Design Review site layout and landscape application
for the site, and shall comply with all conditions required by Eagle as a part of the
Design Review prior to issuance of a building permit.
2.11 The subject parcel shall be annexed into the Eagle Sewer District's service boundary
prior to the issuance of any building permits for the site.
2.12 The Concept Plan (Rivendell Music Academy - Exhibit "B" and including Lot 6, Block
2, dated August 25, 2004 - attached hereto and incorporated herein) represents the
Owner's current concept for completion of a music/cultural arts school with cottages
and related ancillary uses. As the Concept Plan evolves, the City understands and
agrees that certain changes in that concept may occur. If the City determines that any
such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing shall be held on any proposed
change in the Concept Plan, notice shall be provided as may be required by the City.
D. DISCUSSION:
. The applicant is requesting a conditional use to allow for a height exception due to the
architectural style they are using for the building. The academy is proposed to be constructed
with the old-European style of architecture similar to Camille Beckman. This style of
architecture requires a steeper pitch roof than other styles allowed with the Eagle Architecture
and Design Book (EASD).
The proposed building will be in view from the entry corridor to the City on the north side of
West State Street, and will be a complimentary addition in harmony with Camille Beckman on
the south side of West State.
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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 August
15, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to I (Marks against, Lien absent) to recommend approval for the
conditional use permit for a 42'-11" peak of roof and 45'-5" to top of spires, building for
Rivendell Music Academy for Ken and Mary Cenell, with the following staff recommended site
specific conditions of approval and standard conditions of approval.
Commissioner Marks indicated he was not in favor of approving this application. Commissioner
Marks stated the approval of this type of application may lead to additional applications for the
same exception.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 27,2005, 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 no one.
C. Oral testimony in favor of this proposal was presented to the City Council by one individual (not
including the applicant/representative) who testified the proposed building will compliment the area to
the south that will be developed into a commercial area. He also stated the property will be developed
to the south to implement a view corridor that will highlight this building. This individual also stated
he is a joint owner of the property to the north and he and the other owner support the application. The
individual complimented the applicant on the great job they have done putting this project together.
The individual also stated that this area will be a gateway to the City and this project will compliment
the gateway.
D. Oral testimony neither in favor of or against this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Bastian absent) to approve CU-II-05 for a 42' -II" peak of roof and
45' -5" to top of spires, building for Rivendell Music Academy for Ken and Mary Cenell with the
following Planning and Zoning Commission recommended site specific and standard conditions of
approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with any applicable conditions of the development agreement for RZ-8-03.
2. Comply with any applicable conditions ofPP-07-04 for Symphony Subdivision.
3. The applicant shall submit a master building design plan that shows general design criteria
including composition, color, materials, and architectural themes to be incorporated into the
construction of all commercial buildings on the site, with details showing how each building will
compliment the others with said design elements. The master plan (including perimeter
landscaping and parking lots) shall be reviewed and approved by the Design Review Board prior
to the issuance of any building permits for the site.
4. All buildings shall comply with the architecture styles found in the Eagle Architecture and Site
Design (EASD) book. Architectural styles not shown within the EASD book will not be
considered.
5. A building permit for this proposal shall be obtained within one year, otherwise the conditional use
approval for a height exception shall be considered null and void.
STANDARD CONDITIONS OF APPROVAL:
I. 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. Idaho Department of Health & Welfare 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,
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. 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.
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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 or Certificate of Occupancy, whichever
occurs first. 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
(I) 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.
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. The letter shall include the
following comments and minimum requirements, and any other items of concem 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.·
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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 (i.e.; 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 or Certificate of Occupancy, whichever
occurs first.
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.
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
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.
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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 Planning and
Zoning Commission 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:
I. The application for this item was received by the City of Eagle on July 7, 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 July 25, 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 July 22, 2005. Requests for agencies' reviews were
transmitted on July 11, 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 September 6,
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 September 7, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-II-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 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 for the MU zoning district since a height exception is shown as
needing approval of a conditional use permit in the MU zoning district on the
"Official Schedule of District Regulations" chart of that section;
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 Comprehensive Plan and
since the development will be required to meet conditions of a design review
application;
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 development will meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is planned for a mix of uses;
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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 as noted is
responses received by agencies providing the public 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 since the commercial subdivision has already been reviewed and
approved;
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 as previously
approved for the subdivision; and
1. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since Site Specific Condition #19 for Symphony
Subdivision (PP-07-04) conditioned that all healthy trees (as determined by the
City Forester) shall be preserved and integrated into the design of the
development, or shall be replaced, or shall contribute to the City's tree fund as
outlined within Eagle City Code Sections 8-2A-7(C)(I) and 8-2A-7(O)(3)
respectively. A landscape plan showing how the trees will be integrated into the
open space areas and the non-buildable area on any lot shall be provided for
Design Review Board approval prior to the submittal of a final plat.
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.
DATED this 11th day of October 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
r Ada County, Idaho
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