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Findings - PZ - 2006 - A-16-05 & RZ-23-05 - A/Rz From Rr To Ar/18.84 Acre/1707 & 1725 N. Palmer Lane CITY OF EAGLE ANNEXATION & REZONE STAFF REPORT ORIGINAL DESCRIPTION: ANNEXATION AND REZONE FROM RR TO A-R FILE NUMBER: A-16-05 & RZ-23-05 APPLICANT: CITY OF EAGLE CLINT DECKERS 310 E. STATE STREET 1707 N. PALMER EAGLE, ID 83616 EAGLE, ID 83616 KURT KUESTER 1725 N. PALMER EAGLE, ID 83616 PLANNING AND ZONING COMMISSION HEARING DATE: February 6, 2006 PROJECT SUMMARY: The applicants are requesting approval of an annexation and rezone from RR (Rural Residential) to A-R (Agricultural Residential). The 18.84-acre site is generally southwest of the intersection of Floating Feather Road and Palmer Lane at 1707 & 1725 N. Palmer Lane. STAFF RECOMMENDA nON: Based upon the information provided to staff to date, staff recommends approval of the requested rezone upon annexation. NOTE: The site specific conditions of approval herein are solely a recommendation of City staff. The fmal decision on this application, and any conditions to be placed on this application, is totally subject to the City Council's determination. Page 1 of 10 K:\Planning Dept\Eag1e Applications\RZ&.A\2005\A-16--05 & RZ-23-05 srC.doc STAFF FINDINGS OF FACT: A. PROJECT SUMMARY: The applicants are requesting approval of an annexation and rezone from RR (Rural Residential) to A-R (Agricultural Residential). The 18.84-acre site is generally southwest of the intersection of Floating Feather Road and Palmer Lane at 1707 & 1725 N. Palmer Lane. B. APPLICATION SUBMITTAL: A signed consent to annexation was received on February 4, 2004 for the Deckers property and on November 15, 2004 for the Kuester property. 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 Idaho Code 967-65 and the Eagle City Code 98-7 on January 16, 2006 in the Valley Times. 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 Idaho Code 967-65 and Eagle City Code 9 8-7-8 on December 7, 2005. Requests for agencies' reviews were transmitted on December 7,2005, in accordance with the requirements ofthe Eagle City Code 98-7-8. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 8, 2004 the Eagle City Council adopted Ordinance No. 475 to expand the Eagle Area of City Impact Boundary west of Linder Road, east to the centerline of State Highway 16, south to the centerline of Chinden Boulevard and north to the centerline of the Farmers Union Canal. On September 14, 2004, the Eagle City Council passed Resolution 04-15 to adopt the Amended 2000 Comprehensive Plan, the Soaring 2025 Western Sub-area Plan, and the Future Land Use Designation Map. On December 7, 2004 the City of Eagle passed Ordinance 501 annexing the Quarter Circle DJ Ranch property which provided City limits contiguous to the Kuester/Deckers property E. COMPANION APPLICATIONS: None Page 2 oflO K:\Planning Dept\Eag1e Applications\RZ&A\2005\A-16-05 & RZ-23-05 stf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA nON DESIGNATION Existing Residential Two RR (Residential - Ada County Primarily Pasture uses and designation) single-family dwellings Proposed No Change A-R (Agricultural-Residential) Pasture uses and single- family dwellings North of site Residential Two RR (Residential - Ada County Primarily farming and designation) Pasture uses and single- family dwellings South of site Residential Two A-R (Agricultural-Residential) Primarily farming and Pasture uses and Pro [posed Legacy Development East of site Residential Two RR (Residential - Ada County Primarily farming and designation) Pasture uses and Pro[posed Legacy Development West of site Residential Two RR (Residential - Ada County Primarily farming & State designation) Highway 16 G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: 18.84+/- I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: The property owner of the subject site has signed a letter of consent to annexation, which the City is now acting upon. The proposed zoning of A-R (Agricultural-Residential) is a zoning district similar to the RUT (Rural Urban Transitional) zone used by Ada County when property is placed into a city area of impact. The A-R zone is intended to allow residential and pasture uses to continue with limited development options until the future land use designation of the Comprehensive Plan (Residential Two) is actualized through the submittal (and approval) of a rezone and development application for the site. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): None proposed since no development is proposed at this time. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: A letter from the Eagle Fire Department states they have no opposition to the proposed annexation and rezone. A letter from the Eagle Sewer District states that the District has pledged cooperation in attempting to serve areas within Eagle's area of impact and the area falls within the District's Central Sewer Master Plan. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. Page 3 of 10 K:\P1anoing Dept\Eag1e Applicatiow\RZ&A\2005\A-I6-0S & RZ-23-05 stf.doc M. NON-CONFORMING USES: None are apparent on the site. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Central District Health Department Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Department of Transportation Idaho Power O. LETTERS FROM THE PUBLIC: None received to date. CONCULSIONS OF LAW: staff analysis is found in italics A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Eagle 2000 Comprehensive Plan and the Soaring 2025: Western Area Plan designates this site as Residential Two, Transitional density from rural residential to urban areas, primarily single family residential. 2000 EAGLE COMPREHENSIVE PLAN Chapter 1 Overview 1.1 City of Eagle Statement of Purpose c. To ensure that the economy of the City of Eagle and its Impact Area are protected and enhanced. e. To encourage urban and urban-type development within the incorporated city. 1.3 The City of Eagle Vision Statement 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. Chapter 3 Population 3.3 Objective To plan for anticipated populations and households that the community can support with adequate services and amenities. Page 4 of 10 K:\Planning Dept\Eag1e Applica6ons\RZ&.A\200S\A-16-05 & RZ-23-05 stf.doc Page 5 of 10 K:\P1anning Dept\Eagle Applications\RZ&A\2005\A-16-05 & RZ-23-05 stf.doc SOARING 2025: WESTERN AREA PLAN Chapter 2 Community Design 2.4 Objectives Work to accommodate the projected Eagle Planning Area population and the portion of the Northwest Rural Demographic population, located in the Eagle AOI, by 2025. Create a clearly identifiable community. Implementation strategies p. Establish a policy requiring annexation or a consent to annexation by the City of Eagle prior to development within the Eagle area of city impact. s. All urban development shall occur under the jurisdictional authority of the City and be connected to municipal services. B. ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code 91-10-2 Annexations: Whenever any land lying contiguous or adjacent to the city shall be or shall have been laid off into lots or blocks containing not more than five (5) acres of land in each when lawfully subdivided or platted or not; or whenever any person has sold or begun to sell such contiguous or adjacent lands in tracts not exceeding five (5) acres; or whenever the owner or his agent on such contiguous and adiacent lands shall request annexation in writing to the council, the citv council. bv ordinance, may declare the same. bv proper legal description. a part of the city; provided, that a showing must be made that the area to be annexed can reasonably be used for orderly development of the city and not connected to the city only by a shoestring or strip of land upon a public highway. A signed consent to annexation was received on February 4, 2004 for the Deckers property and on November 15, 2004 for the Kuester property. The application for this item was originally prepared by the City of Eagle in 2004, and was subsequentl,y withdrawn. The property became contiguous with the approval of application number A-7-04. . Eagle City Code 94-8-1 Fire Protection: Eagle fire protection district is designated as the one and only official fue protection entity for the city. Pursuant to Idaho Code section 31-1429 (1996) the city hereby consents that all areas within the city limits, as such may be designated from time to time, be included within the limits of the Eagle fue protection district. . Eagle City Code 98-7-5 (A) Amendments: Whenever the public necessity, convenience, general welfare or good zoning Page 6 of 10 K:\P1anning Dept\Eng1e Applications\RZ&A\200S\A-16+05 & RZ-23-05 stf.doc practices require, the council may, by ordinance after receipt of recommendation thereon from the commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. Planning and Zoning Commission hearing dated February6, 2006. . Eagle City Code 98-7-5 (D) General Procedure For Amendments: Zoning districts shall be amended in the following manner: 1. Request for an amendment to this title shall be submitted by the commission which shall evaluate the request to determine the extent and nature of the amendment requested. 2. If the request is in accordance with the adopted comprehensive plan, the commission may recommend and the council may adopt or reject the amendment under the notice and hearing procedures as herein provided. Planning and Zoning Commission hearing dated February6, 2006. C. IDAHO CODE SECTIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Idaho Code 950-222 (2) General Authority: Cities have the authority to annex land into a city upon compliance with the procedures required in this section. A signed consent to annexation was received on February 4, 2004 for the Deckers property and on November 15. 2004 for the Kuester property . Idaho Code 950-222 (3) (a) Category A: Annexations wherein all affected private landowners raise no objection to annexation, or annexations of any residential enclaved lands of less that [than] one hundred (100) privately-owned parcels, irrespective of surface area. A signed consent to annexation was received on February 4, 2004 for the Deckers property and on November 15, 2004 for the Kuester property. . Idaho Code 950-222 (4) Evidence of Consent to Annexation: For purposes of this section, prior consent to annex shall be deemed given when evidenced by written authorization or approval executed by the owner or the owner's authorized agent. A signed consent to annexation was received on February 4, 2004 for the Deckers property and on November 15. 2004 for the Kuester property . Idaho Code 950-222 (5) (a) Page 7 of 10 K:\Planning Dept\Eagk Applications\RZ&A\2005\A-16-05 & RZ-B-05 stf.doc Lands lying contiguous or adjacent to any city in the state of Idaho may be annexed by the city if the proposed annexation meets the requirements of category A. Upon determining that a proposed annexation meets such requirements, a city may initiate the planning and zoning procedures set forth in chapter 65, title 67, Idaho Code, to establish the comprehensive planning policies, where necessary, and zoning classification of the lands to be annexed. A signed consent to annexation was received on February 4, 2004 for the Deckers property and on November 15. 2004 for the Kuester property . Idaho Code 967-6508 PLANNING DUTIES It shall be the duty of the planning or planning and zoning commission to conduct a comprehensive planning process designed to prepare, implement, and review and update a comprehensive plan, hereafter referred to as the plan. The plan shall include all land within the jurisdiction of the governing board. The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. Planning and Zoning Commission hearing dated February 6, 2006 . Idaho Code 967 -6511 ZONING ORDINANCE Each governing board shall, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, establish within its jurisdiction one (I) or more zones or zoning districts where appropriate. The zoning districts shall be in accordance with the policies set forth in the adopted comprehensive plan. Within a zoning district, the governing board shall where appropriate, establish standards to regulate and restrict the height, number of stories, size, construction, reconstruction, alteration, repair or use of buildings and structures; percentage of lot occupancy, size of courts, yards, and open spaces; density of population; and the location and use of buildings and structures. All standards shall be uniform for each class or kind of buildings throughout each district, but the standards in one (1) district may differ from those in another district. Ordinances establishing zoning districts shall be amended as follows: (a) Requests for an amendment to the zoning ordinance shall be submitted to the zoning or planning and zoning commission which shall evaluate the request to determine the extent and nature of the amendment requested. Particular consideration shall be given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. An amendment of a zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. (b) After considering the comprehensive plan and other evidence gathered through the public hearing process, the zoning or planning and zoning commission may recommend and the governing board may adopt or reject an Page 8 of 10 K:\P1anning Dept\EagJe Applications\RZ&A\2005\A-l6-05 & RZ-23-05 stf.doc ordinance amendment pursuant to the notice and hearing procedures provided in section 67 -6509, Idaho Code, provided that in the case of a zoning district boundary change, and notwithstanding jurisdictional boundaries, additional notice shall be provided by mail to property owners or purchasers of record within the land being considered, and within three hundred (300) feet of the external boundaries of the land being considered, and any additional area that may be impacted by the proposed change as determined by the commission. Notice shall also be posted on the premises not less than one (1) week prior to the hearing. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of procedures which would provide adequate notice may be provided by local ordinance in lieu of posted or mailed notice. In the absence of a locally adopted alternative notice procedure, sufficient notice shall be deemed to have been provided if the city or county provides notice through a display advertisement at least four (4) inches by two (2) columns in size in the official newspaper of the city or county at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site. Any property owner entitled to specific notice pursuant to the provisions of this subsection shall have a right to participate in public hearings before a planning commission, planning and zoning commission or governing board subject to applicable procedures. See Findings of Fact C and D above. . Idaho Code 967-6525 PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA Prior to annexation of an unincorporated area, a city council shall request and receive a recommendation from the planning and zoning commission, or the planning commission and the zoning commission, on the proposed plan and zoning ordinance changes for the unincorporated area. Each commission and the city council shall follow the notice and hearing procedures provided in section 67-6509, Idaho Code. Concurrently or immediately following the adoption of an ordinance of annexation, the city council shall amend the plan and zoning ordinance. See Findings of Fact C and D above. Based on the consent received from the property owner (Idaho Code 950-222), the prior adoption of the Soaring 2025: Western Area Plan (Ordinance No. 475 and Resolution 04-15) establishing appropriate future land use designations. and the fulfillment of the conditions of zoning and notice requirements have been met pursuant to Idaho Code 967-551 I and Eagle City Code 98-7-5 D. D. DISCUSSION: . The owners of the subject site have consented to annexation into the corporate limits of the City and have signed the consent to annexation agreement (attached). . No changes to the agricultural uses and single-family dwellings presently on the site are proposed. Any changes in use and/or development of the site will require a rezone with Page 9 of 10 K:\P1anning Dept\EagJc Applications\RZ&A\2005\A-16-05 & RZ-23-05 stfdoc fmdings showing said zone is consistent with the Eagle Comprehensive Plan and the Western Area Plan. STAFF RECOMMENDATION: Staff recommends approval of the requested annexation and rezone. Submitted by: \ Vt&elAJ.,i04{~ AI'> -o.L ~(O~~ Nfchoel R. Baird Spencer, MCRP, AICP Planner ill January 31, 2006 Date Page 10 of 10 K:\P1anning Dept\Eag1e Applications\RZ&A\2005\A-16-0S & RZ-23.05 stf.doc I " Kuester/ Deckers Annexation & Rezone 80403331725 80403331700 N + Kuester/ Deckers Annexation & Rezone 80403331725 80403331700 N + t=1l::f':EIVEB &F./I..E. b lOT+w lOr:- t:AQCC CONSENT TO ANNEXA nON !(tJ!il l{ot:.sTG~ I ~'t(~ II/lGE/fTY am the legal owner of the property located at /7 t> 7 /f. fl,1/.IJJCA j;IlI5L c- in Ada County, Idaho and I I hereby give permission to the City of Eagle to annex the above mentioned property into the incorporated city limits. f:; s~~ V Jr:J-1 i I Signature ! I-~r-O V Date ~5107' te State of Idaho ) ) ss. County of Ada ) On the J~ day of !h.L, 2004, before e, the undersigned tary pu lic in and said for state, personally appeared ".... Lu". l ~-~ ~(" known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that he/she has the authority to execute and executed the same purpose therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year certified frrs! above ,Wri~ .',,,''',,,, ~ 1..A...-J ,\.\ 1] r "" _" ~\'-' ; o? ", N Publ' ~Idah i" '0":........ .~~;O f~'" ot~ IC 0 L 0 i." _ OT '_ .'.-' '\ ResIdmg at: ~Se...-I ~ _ . ~ hi"). - C'" '=' I ~ ~,\n = * : ' - ~ : oIllIllisslOn Exprres: L-/ - '----'""'" <..1)<; : : ....... :.: . . . ,- - -:. -. J.> U B L \ C : ,. E ~ V'~ e.. ..0.: ",~' . .. 0 "'" '#, "1 f......... ....."\. ..... "" 1:' 0 F l'v \' . ".' 'II \""" I',.....",' K:\Planning DeptIMisc Other\Consenllo Annexation.doc RECORDING REQUESTED BY: L1 '~OILll , '-j @ HEADLANDS MORTGAGE COMPANY WHEN RECORDED MAIL TO: 1100 LARKSPUR LANDING CIRCLE #101 LARKSPUR, CA 94939 LOAN#: 624815 [Space Above This Line For Recording Datal DEED OF TRUST THIS DEED OF mUST ("Security InstrUment") is made on OCTOBER 16 The grantor is KURT N. KUESTER AND JOYCE E. HAGERTY, HUSBAND AND WIFE ,1998 ("Borrower"). The trUstee is ALLIANCE TITLE & ESCROW CORPORATION ("Trustee"). The beneficiary is HEADLANDS MORTGAGE COMPANY, A CALIFORNIA CORPORATION which is organized and existing under the laws of CALIFORNIA 1160 N. DUTTON AVE, #250, SANTA ROSA, CA 95401 Borrower owes Lender the principal sum of TWO HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED AND NO/I00 Dollars (U.S. $ 232, 800 .00 ). TIlis debt is evidenced by Borrower's note dated the same date as this Security InstrUment ("Note"). which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2028 . This Security InstrUment secures to Lender: (a) the repayment of the debt evidenced by the Note. with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to proteCt the security of this Security InstrUment; and (c) the performance of Borrower's covenants and agreements under this Security InstrUment and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trUst, with power of sale. the following described property located in ADA County, Idaho: , and whose address is ("Lender"). AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. APN: 272-S-0403331725 which has the address of 1707 NORTH PALMER LANE [Street] EAGLE (City] , Idaho 83616 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security InstrUment All of the foregoing is referred to in this Security InstrUment as the "Property". . BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and con vey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSmUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrUment covering real property. IDAHO .. Sing I. Family.. Fannia Maa/F",ddl. U.c UNIFORM INSTRUMENT u Fonn n013 9190 _ u .~ pA.r.F 1 OF 6 fi24815 Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Propertyor otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an a1temate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The prOCeeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking , unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. IDAHO __ Sln!llo Family.. Fonnlo Mao/Froddla Mac UNIFORM INSTRUMENT .. Fonn .3013 9/90 T"l.\ ("'!F" f'\r: t:. ""';IiI"'l <; As used in this paragraph 20, "Hazardous Substances" are those substances defined as IDxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or IDxic pettoleum products, IDxic pesticides and herbicides, volatile solvents, materials containing asbeslDs or fonnaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate ID health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the occur- rence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee ID reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Area and Location of Property Either the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were part of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o Balloon Rider o Other(s) [specify] o Condominium Rider o Planned Unit Development Rider o Rate Improvement Rider o 1-4 Family Rider o Biweekly Payment Rider o Second Home Rider IOAHO.. Slnglo Fomlly .. Fonnl. Moo/Froddlo Moc UNIFORM INSTRUMENT -- Form .3013 9190 "'.r'...."'., ,.",( ,-.,., . EXHIBIT "A" A parcel of land located in the Southwest Quarter, Section 3, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows; COMMENCING at the Quarter corner common to Sections 3 and 10, Township 4 North, Range 1 West, Boise Meridian; thence North along the Quarter Section line 186.6 feet; thence North 79 degrees 00' West along the South edge of the lane a distance of 1,143.2 feet; thence North a distance of 40.0 feet to the West end of culvert and the REAL POINT OF BEGINNING; thence North 03 degrees 00' East a distance of 358.0 feet to a point on the Southerly boundary of that parcel of land described in Warranty Deed Instrument No. 265831, records of Ada County, Idaho; thence along the Southerly boundary of said Deed the following courses and distances North 85 degrees 00' West a distance of 813.4 feet; thence South 22 degrees 30' West a distance of 847.44 feet to the center of the drain ditch; thence departing said Deed line and continuing Northeasterly and Easterly along the centerline of the drain ditch to the REAL POINT OF BEGINNING. CONSENT TO ANNEXATION I C,O J..'M k On J{ 0 x,-,") am the legal owner of the property located at I t d- 1(\ rJ.r ~ o..k../ in Ada County, Idaho and I hereby give permission to the City of Eagle to annex the above mentioned property into the incorporated city limits. ~~ ?.. t-f {):J Signature Date Signature Date State of Idaho ) ) ss. County of Ada ) On the !i.-day of Feb , 2004, before me, the undersigned notary public in and said for state, personally appeared (lJ In+ Df'c.11ev , known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that he/she has the authority to execute and executed the same purpose therein. K:\Planning DeptIMisc OtherlConsent to Annexation.doc Feb 04 05 03:43p FEB-04-2005 13:32 p.2 P.02 AO~ COUIIT'f IIECOROEfI J. CAVID ttAv"RRO BOISE IDAHO QilllUro3 ot~O PM OEP\JiY M1cballe lurnar '1\ lllll\ flECOI\DED-IIEQUest Of 1Il1l\lltllllll\IIlIIllml I WhIt! Patellan 10315~9~<; AMOUNT 12.00 4 TRUSTEE'S DISTRIBUTION DEED Clint M. Decker, as Successor Trustee of THE CLINT & LILLIAN DECKER FAMILY TRUST UrrlA dated October 17, 1991, and thereafter amended, hereinaftet referred to as the "Grantor," hereby grants, bargains, sells and oonveys to Clint M. Decker, as trustee of TRUST A OF TIlE CLINT &. LILLIAN DECKER F AMU.. Y TRUST UrrlA dated October 17. 1991, and thereafter amended, hereinafter referred to as the "Grantee," whose mailing address is 1725 Palmer Lane. Eagle, ldaho 83616, for good and valuable consideration, an undivided 19.68% interest in the foJlomng described real property, situated in Ada County, State ofldaho, to-wit: See Schedule "Au attacbed hereto and incorporated herein by this reference. sUBJECT TO taxes and assessmentS for the year 2003 and all subsequent years, together with any and all existing easements, rights of way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurete survey or inspection of the premises would show. This conveyance shall include any and all appurtenances, tenements, hereditaments, reve~iorul, remainders. easements, rights-of-way and water rights in anywise awenaining to the property herein described. The Grantor executes this instnunent solely in its fiduciary capacity and covenants only that it is authori2:ed to make this conveyance in 5\lCh fiduciary capacity. The Grnntor hereby disclaims any and all other warranties and covenants, whether express or implied. Any filrther recourse hereunder is to be only against the aforenarned trust. TRUST DISTRIBurION DEED - 1 Feb 04 05 03:44p p.3 FE3-04-2005 13:32 P,03 Dated this ~,\' day of ~i~,. L.... .2003. THE CLINT & LILLIAN DECKER FAMILY TRUST, Grantor, a trust established under the laws of the State of Idaho by an agreement dated October 17, 1991 By f~ (III. ~ Clint M. Decker, Trustee STATE OF IDAHO ) :ss County of Canyon ) On this L day of .j ..A, '" L,,.. . in the year 2003, before me, the undersigned, a No1m)' Public, personally appeared Clint M, Decker, as Trustee of TIlE CLlNT & LIlLIAN DECKER FAMILY TRUSTUrrfA dated October 17,1991, and thereafter amended, known ot identified to me to be the whose name is subscribed to the within instnunent, and ~wkdged to e t he executed the same for and on behalf of said trust. ? ~ .....~.'Itlln.t.. (SE~ ,.... "'OS";;""" ~~r~~4''' f I... i +O'tAJll'" .,. ~ ~ .. ....... i ; .. ~ c:.: ~ ".pu"'\.~ :: ". _. 51' 0 _ill ~ ,~-. ~ ...~ " '" ~ "" .' _,,"11'8 01' \~ ,.... ~.....I'''.''.,.... jpZ;\W~I3693\1iull^Diol P=ddoo TRUST DISTRIBUTION DEED - 2 F@b 04 05 03:45p p.4 FEB-04-2005 13:32 P.04 SCHEDULE" A" PARCEL 1: Tract of land situated in the Southwest Quarter of Section 3, Township 4 North, Rm\ge 1 West. Boise, Meridian, Ada Count)', Idaho, described as follows: Beginning at the quarter corner common to Sections 3 and 10; thence North along the quarter section line Ii distance of 186.60 reet to the Real Point of Beginning; thence North 75015' West a distance of 1,105,90 feet; thence North a distance of 40.00 feet to a point on the center line ofa drain ditch; thence North 300' East a distance of358 feet; thence South 85000' East Ii distance of 170 fee~ thence South a distance of 56.10 feet', thence North g5~' East a distance of 368.28 feet; thence North 78000' East a distance of 132.0 feet; thern:e South 63000' East a distance of 491.76 feet to a point of the said quarter section line common to the Southwest quarter and the Southeast quarter of said Section 3; thence South along the said quarter section line to a point 186.6 reet North of the said quarter comer, being the Real Point of Beginning. PARCEL 2: A parcel of land located in the Southwest 'I.., Section 3, Township 4 North, Range 1 West, Boise, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Quarter Comer common to Sections 3 and 10, T4N, R1W, B,M,; thence North along the Quarter.Section line a c.iistance of 186,6 feet to the REAL POINT OF BEGINNING; thence C(jntinuing North a distance of 380,82 feet to the Southeasterly comer of that certain parcel of land described in Wammty Deed instrument number 265831, Records of Ada County; thence along the following courses and distances as recorded by said deed; thence N63000'W a distance of 491,76 feet; thence S78000'W a distance of 132,0 feet; thence S850QO'W a distance of 368.29 feet; thence Nonh a distance of 56.1 feet; thence N85"OO'W a distance of 170.00 feet; thence departing said deed line S 3<>()()'W a distance of358,O feet to the west end of the culvert; thence South a distance of 40,0 feet to the southerly edge of the lane; thence S79QOO'E along the southerly edge of the lane a distance of 1143.2 feet to the REAL POINT OF BEGINNING, Subject to a 25.0 foot wide access easement on tile lane along the southerly boundary. TRUST DISTRIBUTION DEED ~ 3 Feb 04 05 03:46p FEB-04-2005 13:32 p.5 P.DS Subject to easements for the county road on the easterly boundary, and the canal along the northerly boundary, and the drainage ditch along the southerly boundary, This document in no way modifies the right of ingress and egress along the lane as provided for in Warnmty Deed instrument number 7705661, Records of Ada County, TRUST DISTRIBlITION DEED - 4 TOTAL P.D5 ~ CENTRAL {irB~]k!~ CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division #-1 ~ -or / ~Z -.23 -os Rezone # Conditional Use # Preliminary! Final! Short Plat ~ 02, 03. 04. 05. 06. 07. 08. 09. 010, 011, File: We have No Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters, This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water The following plants) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage o sewage dry lines o community sewage system o central water o community water Run-off is not to create a mosquito breeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 012. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations, o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center Date: /2- /--D OJ--- Reviewed By: c::::.-. # ~ o 14, Please see attached stormwater management recommendations 015, 15726-001EH0904 Review Sheet PAGE 02 12/13/2005 08:05 2083231g35 CHE''J'RON PIPELINE EAGLE P.N.Z. ~OOl/002 __. ....' .....,....u .a..... _ y.... A-,D,A ,va M.,CJ .HL~4 / ... CHBV P [ PELINE CITY OF EAGLE PO BOX 1520 EAGLE, IDAHO 83616 FAX; 938-3854 TRANSMITTAL DATE: December 7. 200~ ~ SUBJECT: A.l~O.5 &RZ-23-Q;i - Ci~ of ~leJKu kcrs: The applicants are requesting approval of an annexation and rezone from RR (Rural Residential) to A-!B: (Agricnltural Residential). The lS.84-acre sire. is generally southwest of the interseclion of Floating Feather Road and Palmer Lane at 17rrJ &. 1725 N, Palmer Lane, TENTATIVE pLANNING AND ZONING COMMISSION MEETING DA TB; FebnlJnl 6. 2006 TO: Ada County Assessor - Atm; Lollise M. Douglas Ada County Development Services Ada County Highway District - Attn: Planning Review 'Ballantyne Irrigation Ditch Company Boise School Dislriet - Ann: SSJ:'llh Stobaugh Central District Health DepArtment COMPASS DEQ DIldna.ge District #2 - AtIJ1: S. Brye:e Farris Eagle File I>ept Eagle Wawr Co. Eagle Sewer District - Attn: Lynn Moser . *Fannen; Union DW::h Co. Ltd. Idaho Power - Atm: Layne Dodson ITD - Attn,; D.ao Coonce Meridian ScboolDisttict New Dry Creek Ditch Co. - Atm.: Dana Purdy New Union Ditch Co. . Attn: George Transtrum PUC TCI U ,5. Fish & Wildlife Qwest - Attn: Cindi Davis United Water - Attn; Dan Brown 10/tIJC'C'(j .(J.., 1 11- ( c. 1. d"7,~f '/ ( (1 (i!(> /:' t (7 .(!;f"t-',!&7" f? ( ~ 1//-1f/d)t). ;If'I(//.'!- (lI!l.:../5,!/1'7/,) Y j 'j ,"-. .,' /' . . ~7l''-t' ( . The City of Eagle is reviewing me above :roentioned application. If you. have lIDY comments CD the proposed development please notify lhe City of Eagle in writing within 15 days of the transmittal dQ, Doted above. If no response is received, yol1 will be considered 3$ having no specific concerns regarding this item. If you have any questions I can be reached at 939-0227. . S~~~:~_II~:." ~~wtJJl~ )q'ch~~~~-'-- Pllmner ill cc: Mayor Cil)! Council Fire .. Indic3tes mail instead of fax Page 1 ot 1 tC:'lP~'Drcp\BIlI",~~'6-DJ..G.n.os ...1Utoc RECEIVED & FILED CITY OF EAGLE e. STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY BOISE REGIONAL OFFICE .<",.." 1445 North Orchard StreetoBoise, ID 83706-22390(208) 373-0550 DEe 1 3 2005 File: Route to: DEQ Response to Request for Environmental Comment Date: Agency Requesting Comments: Date Request Received: Application No: Description: Applicant: December 8, 2005 City of Eagle 12/7/2005 A-16-05 & RZ-23-05 1707 & 1725 N Palmer Lane Annexation & Rezone City of Eagle/Kuester/Deckers Thank you for the opportunity to respond to your letter dated December 7, 2005. It DEQ recommends cities and counties develop and use a comprehensive land use management plan which addresses the present and future needs of this area for adequate, safe, and sustainable drinking water and includes the impacts of present and future waste water management in this area, At this time, we do not have any additional comments; however, we do request that this project consider the State and Federal rules and regulations for air, water, waste and the overall environment. If there is additional information to be reviewed please let us know, We appreciate the opportunity to review the application, if you have additional questions or concerns, please contact me at (208) 373-0550. ~Yn~t~ Regional Administrator Boise Regional Office TSF:fw: G:\Tiffany\Commenl Lellers\05 12.08 Leller 353.doc CC: File 24. Reading File .'HI!2 200[,10:01AM 1'1 I) 31 93 P 112 966 E. Iron Eagle Df- EAGLE, IDAHO 83616 r=""-~~~~~~ ".'jJ r'.v~" I' l'-H.J;lC:~ \f C_,[J v~ i '...., _~u i ", ,," :-./C/",C-\LE ! ... i 1 I I EAGLE FIRE DEPARTMENT JAN I 2U06 'ri ' _.___._____ ,- Routsi"\j:_-- Dan Friend, Fire Chief Kurt McClenny, Fire Marshal (208 939-6463 / Fax (208) 939-2717 FIRE PREVENTION BUREAU Subject: A-I 6-05 & RZ-23-05 City of Eagle /Kuester / beckers. The Eagle Fire bepartment has reviewed the application requesting approval of an annexation and rezone from RR (Rural Residential) to AR (Agricultural Residential). The 18.84 acre site is generally southwest of the intersection of Floating Feather Road and Palmer Lane at 1707 & 1725 N. Palmer Lane. We have no opposition to this application at this time and support its approval. If you have any quostions please give me a calL Plan Reviewed By A-NQn~~ O.ru.L Date .,., '-'. I:.~"" Phone: (208) 939-6463 Fax: (208) 939-2717 TRANSPORTATION BOARD Charles Winder Chairman John X. Combo VIce Chairman District 6 John McHugh District 1 Bruce Sweeney District 2 Monte McClure District 3 Gary Blick District 4 Neil Miller District 5 David Ekern, P.E. Director Sue Higgins Board Secretary r---'--'-"'-"--- RECEIVED & FILED CITY OF EAGLE IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, ID 83714-8028 DEe 1 5 2005 (208) 334-8300 itd.idaho.gov December 12, 2005 Nichoel R. Baird-Spencer City of Eagle P,O. Box 1520 Eagle, 1083616 Re: ANNEXATION / REZONE Location: Floating Feather & Palmer Lane Route: State Highway 44 (SH-44); State Highway 16 (SH-16) Name: Kuester/Deckers (Applicant) Case: A-16-05 & RZ-23-05 Dear Ms. Baird-Spencer: The Idaho Transportation Department (IT D) appreciates the opportunity to comment on the above referenced application. Per the city's February 6 notice (dated December 7,2005) regarding the applicant's request for the annexation and rezone of 18.84 acres located on Floating Feather & Palmer Lane near SH-44 and SH-16; ITD asks the City of Eagle to consider the following comments: Traffic Impact Study. The applicant should complete a Traffic Impact Study (TIS) to determine development impacts to State Highway 44 and State Highway 16, ITO may require improvements to the State Highway(s) to mitigate for these impacts. Typical improvements may include: acceleration and deceleration lanes, center turn bays and/or intersection signalization. The TIS should be submitted to Kevin Sablan at the ITD letterhead address, Contacts Sue Sullivan Kevin Sablan Senior Planner Traffic Engineer 334-8955 334-8340 Sincerely, ~ ~III~ Sue Sullivan Sr, Transportation Planner ss:ah ~=R Layne M. Dodson Community Relations Representative Office (208) 388-6477 Fax (208) 388-6924 Cell. (208) 250-1139 An IDACORP company R~Ct;,V1~t) ,). t:'iti::D City of Eagle Planning and Zoning PO Box 1520 Eagle, ill 83616 CITY C)~ t~Jl.(~LE Of:' r~ rl (1 !'P"~5 ........... v;) t..WtJ December 8, 2005 File: Route to: Re: Idaho Power Company Comments A-16-05 & RZ-23-05-City of Eagle KuesterIDeckers If the annexation is approved, please notify Idaho Power Co. of any existing addresses within the newly annexed area, Sincerely, Layne Dodson Based on the testimony received during the public hearing and the findings of fact contained in the staff report dated February 6, 2006 the Eagle Planning and Zoning Commission voted 5 to 0 recommends approval to the Eagle City Council of application number A-16-05/RZ-23-05: KeusterIDeckers Annexation. DATED this 27th day of February 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Clifford A. Marks, Jr., Chairman ATTEST: 10,~L ~~>A~ Sharon'K. Bergmann, Eagle Cit Clerk ""......... ,t: -'f "", -{ 0 F B-1 .... ~ I''''~ .......... 0.; ". ~ v.. .."~ . ~ .. o\lt'OR.. >.0. V' .~ . . ....: "'"1.,.... :*:v ~.:' : . , : : : ....... : * : i .^h(lSEAL..4 i ~\I"'-~o ~ ~ ... .>> ""!'oIA~o .".0.: " -f l'. -....... ~~ ..... "'....l: 0 F \~ ~..... ..,,,.....,,.. K\Planning Dept\Bag1e Applications\RZ&A\2005\A-16-05 & RZ-23-0S pzf.doc