Findings - CC - 2007 - RZ-05-07 - Rz From Ar To Bp-Da/Const Of Storage Facility/2 Acre/2871 E Hill Rd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A REZONE FROM A-R (AGRICULTURAL )
RESIDENTIAL) TO BP-DA (BUSINESS PARK )
WITH A DEVELOPMENT AGREEMENT) )
FOR JEFFERY MOWER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-OS-07
The above-entitled rezone application came before the Eagle City Council for their action on July 24,
2007. The 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:
Jeffery Mower, represented by Mike Fairchild, Architect, LLC, is requesting approval of a
rezone from A-R (Agricultural-Residential) to BP-DA (Business Park with a development
agreement) to facilitate the construction of a self storage facility. The 2.00-acre site is
located on the south side ofE. Hill Road approximately 560 feet east of State Highway 55
at 2871 E. Hill Road.
B. APPLICATION SUBMITTAL;
A Neighborhood Meeting was held at the Storage 55 office at 6:00 PM, February 26,
2007, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on March 8, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on April 19, 2007. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on April 16, 2007. The site was posted in accordance with the Eagle City Code on
March 28, 2007. Requests for agencies' reviews were transmitted on March 22, 2007, 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 with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on July 9, 2007. 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 2, 2007. The site was
posted in accordance with the Eagle City Code on July] 3,2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 22, 2005, the Eagle City Council reviewed and approved a rezone application
with development agreement (RZ-15-04) for the adjacent property to the west.
On September 13, 2005, the Eagle City Council reviewed and approved a design review
application for a self storage facility and associated office (Storage 55) on the adjacent
property to the west.
Page 1 of] 0
K:\Planning Depl\EagJe Applications\RZ&A\2001\RZ.OS.07 ccfdoc
E. COMPANION APPLICATIONS: (None)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA TIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park A-R (Agricultural- Single-family dwelling
Residential)
Proposed No Change BP-DA (Business Park with Self-storage facility
Development Agreement) (Storage 55-Phase Two)
North of site Business Park BP (Business Park) Gravel extraction
South ofsite Business Park RUT (Rural Urban Single-family dwelling
Transition - Ada County
designation)
East of site Business Park A-R (Agricultural- Single-family dwelling
Residential)
West ofsite Business Park BP-DA (Business Park with Self-storage facility
Development Agreement) (Storage 55-Phase Two)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 2.00-acres
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on March 7, 2007, provided by
the applicant's representative. (Attached within the staff report and referenced herein by
reference)
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter date stamped by the City on March 7, 2007, provided by
the applicant's representative. (Attached within the staff report and referenced herein by
reference)
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary approval letter from the Central District Health Department has been
received. A letter from the water utility that provides service to the site will be required
prior to the issuance of any building permits on the site.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES: None apparent on-site.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
Page 2 of 10
K:\Planning Dept\EagJe Applic3tions\RZ&A\2007\RZ_05_07 ccfdoc
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
O. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Business Park
Suitable primarily for the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and
be free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare.
Such development should be operated entirely within enclosed structures and generate
minimal industrial traffic. Development within this land use designation should be required to
proceed through the PUD process.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-1-2 WAREHOUSING AND STORAGE:
Ministorage: Provision of storage space for household or commercial goods within an
enclosed building with direct public access to individual storage spaces. Mav include
vehicle storage to a maximum of twenty percent (20%) of the site. Where greater than
twen ercent 20% of the site is allocated to vehicle stora e the vehicle stora e must be
treated as a separate use.
· Eagle City Code, Section 8-2-1 BP BUSINESS PARK DISTRICT:
To encourage the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities including small scale
production, distribution and storage of goods. Support activities may also be permitted.
All development within this district shall be designed to be within a landscaped setting,
and be free of hazardous or objectionable elements such as noise, odor, dust, smoke or
glare. Such development shall be operated entirely within enclosed structures, and
generate minimal industrial traffic. All development requiring a conditional use permit in
the BP zoning district, as shown in section 8-2-3 of this chapter, shall Occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of this
title unless the proposed development does not meet the area requirements as set forth in
section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged.
Otherwise a conditional use permit shall be required unless the proposed use is shown as a
permitted use in the BP zoning district within section 8-2-3 of this chapter.
Page 3 of 10
K:\Planning Dept\Eagle AppJicationslRZ&A\2007\R.Z_OS_07 ccfdoc
· Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
· Eagle City Code, Section 8-10-1 (A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
C. DISCUSSION:
· Staff believes that a BP-DA (Business Park with development agreement) zoning designation
for this site and the requested use is appropriate since the parcel is designated Business Park as
shown on the City of Eagle 2000 Comprehensive Plan Land Use Map. Lands further to the
south of this site are either approved for Business Park zoning and development or are
proposed for the same. This site is compatible with the sites to the north and east since those
sites are expected to develop in a manner consistent with the Business Park designation as
specified in the City of Eagle 2000 Comprehensive Plan. The site is compatible with the
zoning designation and development to the west since that site is where phase one of Storage 55
is located.
· Eagle City Code requires that upon the development of a property and use that requires a
conditional use permit within the BP (Business Park) zoning district, the application must be
administered through the PUD and/or development agreement process. However, since this
site does not meet the minimum acreage requirement of ten (10) acres to qualify for a planned
unit development, the conditional use process is to be utilized unless the proposed use is
shown as a permitted use in the BP zoning district within Section 8-2-3 of Eagle City Code.
However, because of the nature of this project, staff believes that the application should
proceed through the development agreement similar to the approval of the storage facility on
the site adjacent to the west. A goal of the BP zoning district is to ensure that new
development is compatible with both existing and future development, to be located within a
landscaped setting, and be free of hazardous or objectionable elements such as noise, odor,
dust, smoke or glare. A second purpose is to ensure that properties come together in a
coordinated and well-balanced manner that promote a design character that is in keeping with
an intended theme of the City. While uses that are shown as permitted uses may have
previously been deemed acceptable in the BP zone (pursuant to the "Official Schedule of
District Regulations"- ECC Section 8-2-3) the site may not grow in a synchronized manner
and an overall style of the development may be diminished. The development agreement
would establish a desired end result of the project at full build out to create a sustainable
development. Further, Eagle City Code states that development agreements allow a specific
Page 4 of 10
K.\Planning Depl\Eagle Applications\RZ&A\2007\RZ.05_07 ~fdoc
project with a specific use to be developed on property that is conditional in the requested
zone. It may be considered that the development agreement will be equal to a conditional use
permit in that it allows for the City to set conditions that require that the development be built
in conformance with the previously discussed goals and objectives and similar to the adjacent
site.
· It should also be emphasized that the Design Review process will playa vital role in assuring
that as the development is built, a common theme among all the structures and landscaping
will be maintained. The applicant has submitted building elevations depicting the design of
the outer walls of the facility, which show features that are not typical of a self-storage facility
and comparable to the adjacent facility to the west. The majority of the wall faces are to be
constructed with appurtenances, texture variations, and false windows to alleviate the
monoplane appearance of the long walls and to provide a design character that will be more
attuned to anticipated future land uses in the area.
Eagle City Code Section 8-3-3 (D) states that when a commercial use abuts a residential
district, the use shall not be located closer than forty-feet (40') to any lot line of the district
except that the minimum yard requirements may be reduced to fifty percent (50%) of the
requirement if acceptable landscaping or screening approved by the Council is provided. The
applicant has shown on the site plan that the buildings are setback from the southern and
eastern property lines by ten-feet (10'). When considering a reduction in the minimum yard
requirements, the Council will review the screening methods used to justify the reduction,
which may include a fence and/or landscaping. It may be considered that because the entire
operation and activities of the facility are within a walled complex and landscaping will be
provided along the perimeter of said wall, the yard requirement reduction of 50% (20-feet)
may be warranted. Further, since the surrounding parcels are anticipated to be developed with
uses consistent with the Business Park zoning district (as shown on the City of Eagle 2000
Comprehensive Plan) a reduction to ten-feet (10') (as proposed by the applicant) may be
regarded as compatible with the surrounding areas (as a point of information, Eagle City Code
requires no minimum building setback from the side and rear lot lines in the BP zoning
district). Staff will defer to the Planning and Zoning Commission and the City Council
regarding this matter.
· The applicant has submitted a conceptual drawing of the parcel showing the construction of a
self-storage facility. Access to the proposed facility is provided through the existing Storage 55
site located on the adjacent property to the west. The site is proposed to have an emergency
access through one (I) driveway on Hill Road, located approximately 900-feet east of the
intersection of Hill Road and State Highway 55.
· Eagle City Code states that where greater than twenty percent (20%) of a self-storage site is
allocated to vehicle storage, the vehicle storage must be treated as a separate use. Staff has
interpreted this provision to act as a means to prevent the collection of a multitude of vehicles
in open view and stored in conditions considered unsightly. Since the applicant intends to
have doors on the separate units, the vehicles will be located out of sight and will not
contribute to nuisance glare or clutter; no difference could be made as to the contents of the
storage units. Staff recommends that since the doors will shield the storage contents from
view (in addition to the walls), vehicle storage in excess of twenty percent (20%) of the site
may be allocated to vehicle storage.
Page 5 of 10
K:\Planning Dept\Eagle AppJications\RZ&A\2007\RZ.05_07 ccfdoc
· With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and
based upon the information provided to staff to date, staff believes that the proposed rezone is
in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation ofBP-DA (Business Park with a development
agreement) is in accordance with the Business Park designation shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided as conditioned herein, to serve any and all uses allowed on
this property under the proposed zone;
c. The proposed BP-DA (Business Park with a development agreement) is compatible
with the BP-DA (Business Park with a development agreement) zone and land use to
the west since that area is designated on the Comprehensive Plan Land Use Map as
Business Park and a similar use currently exists on the site;
d. The proposed BP-DA (Business Park with a development agreement) is compatible
with the BP (Business Park) zone and land uses to the north since that area can be
developed in a similar manner;
e. The proposed BP-DA (Business Park with a development agreement) is compatible
with the A-R (Agricultural-Residential) zone and land uses to the east since that area
is designated on the Comprehensive Plan Land Use Map as Business Park and can be
developed in a similar manner;
f. The proposed BP-DA (Business Park with a development agreement) is compatible
with the RUT (Ada County designation) zone and land uses to the south since that
area is designated on the Comprehensive Plan Land Use Map as Business Park and
can be developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone, if all conditions
required within the development agreement are complied with.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the
requested rezone from A-R (Agricultural-Residential) to BP-DA (Business Park with
development agreement), with the following conditions to be placed within a development
agreement as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on May 7,
2007, at which time testimony was taken and the public hearing was continued to June 18, 2007, at
which time testimony was taken and the public hearing was closed. The Commission made their
recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (I) individual who claimed the applicant had removed their fence and stole several fence
panels. They also stated that survey stakes which had been placed on the property were removed by the
applicant and indicated that the new fence is encroaching on their property. The applicant provided
several pictures showing the new fence and dirt material that was left adjacent to the fence. The
individual also indicated the fence panels were not securely attached to the fence posts.
Page 6 of 10
K:\Planning Dept\Eagle Applic8tions\RZ&A\2007\RZ_05_07 ccfdoc
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-05-07 for a rezone with a
development agreement from A-R (Agricultural-Residential) to BP-DA (Business Park with a
development agreement) for Jeffery Mower with conditions to be placed within a development
agreement shown within their Findings of Fact and Conclusions of Law document, dated July 2,
2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 24,2007, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor or opposed to the proposal was presented by one (I) individual who
owns the adjacent property to the south. The individual indicated that someone working for the
applicant pulled the survey stakes placed by the Idaho Transportation Department (ITD). The
individual also indicated that due to the survey stakes being pulled the fence constructed by the
applicant is not located on the property line and requested that the fence be moved to the original
property line.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve RZ-05-07 for a rezone with a
development agreement from A-R (Agriculture Residential) to BP-DA (Business Park with a
development agreement) for Jeffery Mower with the following Planning and Zoning Commission
recommended conditions to be placed within a development agreement:
2. I Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building
Elevation Plans (Exhibit "B") represents the Owner's current concept for
completion of the project. As the Concept Plan evolves, the City understands and
agrees that certain changes in that concept may occur. r f the City determ ines 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 changes in the Concept Plan, notice shall be provided as may be required
by the City.
2.2 Except for the limitations and allowances expressly set forth above and the other
terms of this Agreement, the Property can be developed and used consistent with the
Business Park District land uses allowed by the Eagle City Code Section 8-2-3
"Official Schedule of District Regulations", existing at the time a design review
application or conditional use permit application (whichever the case may be) is
made for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered
permitted uses and all uses shown as "c" conditional uses under the MU zoning
designation shall require a conditional use permit.
Page 7 of IO
K:\Planning Dept\Eagle Applications\RZ&AI2007\RZ_05_07 ccfdoc
The following use which is shown as "c" conditional uses under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
· Storage (enclosed building)
2.3 The Applicant shall remove the residence and all accessory (secondary) structures
from the site prior to the issuance of any building permits for the site. Demolition
permits shall be obtained prior to the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed
garages, the facility is permitted to store said vehicles in excess of the maximum
20% allowed by Eagle City Code.
2.5 The driveway providing access to East Hill Road approximately thirty feet (30')
west of the eastern boundary shall be used for emergency access only by securing
the access with a wrought iron gate.
2.6 Landscape buffering and siting of the self-storage facility shall be designed to
mitigate the effects of the development on adjacent residences. All new
construction shall be setback from the eastern and southern property lines a
minimum often-feet (10') and those setback areas shall be landscaped with dense
plant material to be reviewed and approved by design review.
2.7 The building configuration (footprint) shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.8 The design of the self-storage facility shall incorporate architectural elements
(materials, colors, appurtenances) upon the building walls, with an emphasis on
those facing Hill Road to deter the construction of a monoplane structure and shall
remain substantially as shown on the attached Building Elevation Plans (Exhibit
"B"). No portion of any building shall exceed 35-feet in height, as measured from
the foundation to the peak of the roof.
2.9 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk
along Hill Road abutting the northern boundary of the site.
2.10 The Applicant shall submit a Design Review application for the site to the Design
Review Board for review and approval prior to the issuance of any building permits.
2.11 The development shall comply with the Eagle City Code, as it exists in final form at
the time an application is made and the conditions within this agreement shall be
satisfied.
2.12 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the issuance of a building permit for this site.
2.13 The applicant shall obtain permission of the property owner to the south so that the
fence on the southern property line may be repaired (if permission is not granted,
then the repairs noted herein shall not be required). The fence shall be repaired to
ensure that posts are located on the property line, the panels are tightened so as to
not bow out, and the panels are secured to the fence posts with a minimum of three
metal tie downs per post.
2.14 The City will not adopt an ordinance to rezone the property until the property line
dispute is resolved regarding the southern boundary line adjacent to the property
Page 8 of 10
K:\Planning Dept\Eagle AppJications\RZ&A\2007\RZ_05_07 ccfdoc
located at 9605 North Horseshoe Bend Road.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at the Storage 55 office at 6:00 PM, February 26, 2007, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on March 8, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on April 19, 2007. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 16, 2007. The site was posted in accordance
with the Eagle City Code on March 28, 2007. Requests for agencies' reviews were transmitted on
March 22, 2007, 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
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 9, 2007.
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 2, 2007. The site was posted in accordance with the Eagle City Code on July 13,
2007.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-05-07) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of BP-DA (Business Park with a development
agreement) zoning designation is in accordance with the Business Park designation
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided as conditioned herein, to serve any and all uses allowed on
this property under the proposed zone;
c. The proposed BP-DA (Business Park with a development agreement) zoning
designation is compatible with the BP-DA (Business Park with a development
agreement) zone and land use to the west since that area is designated on the
Comprehensive Plan Land Use Map as Business Park and a similar use currently
exists on the site;
d. The proposed BP-DA (Business Park with a development agreement) zoning
designation is compatible with the BP (Business Park) zone and land uses to the north
since that area can be developed in a similar manner;
e. The proposed BP-DA (Business Park with a development agreement) zoning
designation is compatible with the A-R (Agricultural-Residential) zone and land uses
to the east since that area is designated on the Comprehensive Plan Land Use Map as
Page 9 of]O
K:\Planning Dept\Eagle Applicalions\RZ&A\2007\RZ_OS_07 ccfdoc
Business Park and can be developed in a similar manner;
f. The proposed BP-DA (Business Park with a development agreement) zoning
designation is compatible with the RUT (Ada County designation) zone and land uses
to the south since that area is designated on the Comprehensive Plan Land Use Map as
Business Park and can be developed in a similar manner;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone ifall conditions
required within the development agreement are complied with.
4. The City Council determined that since Eagle City Code states that a development agreement allows a
specific project with a specific use to be developed on property that is conditional in the requested
zone, the development agreement will be equal to a conditional use permit because the City has
required conditions to guide the appropriate development of the subject site. These conditions, in part,
will ensure that the site is designed to be compatible with surrounding uses (and future uses) and that
the Structure is built to be aesthetically pleasing and harmonious with the design goals and objectives
of the City.
DA TED this 14th day of August 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada~~
Nancy C. Merrill, Mayor
.,.'..11...."
;" ",OLE ""'#
# 6 ~ .......... ... #41'41'.
(I 0"'''. ~p. T E ... ~
;." LjO ...... 0=
L- ~ " ~. _
.- ~ ....."'.x-
- 0 · v -. ::
U C , ",to N ~ =
\ \. ~ ~:.. .s 1
" . .... l/ticoy. v~.. x..."'''
-" ....... - 0 ..,"
#" ST A't\':. ",
"""'11111"""
ATTEST:
Page 10 of 10
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ_05_07 cddoc