Findings - CC - 2006 - A-12-05/RZ-19-05 - Annex/Rezone From Rut To Mu-Da/226 Residential Units/36 Mixed Use/4 Retail/
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE FROM )
RUT (RURAL URBAN TRANSITION) TO )
MU-DA (MIXED USE WITH DEVELOPMENT )
AGREEMENT) FOR HAWKINS COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-12-05 & RZ-19-05
The above-entitled annexation and rezone application came before the Eagle City Council for their action
on January 10, 2006. The Council, having heard and taken oral and written testimony, and having duly
considered the matter, remanded the application to staff to allow the applicant the opportunity to make
changes to the conceptual plan. The Council also required the public hearing be re-noticed in compliance
with State and local laws. The annexation and rezone application came back before the Eagle City Council
for their action on July II, 2006. 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:
Hawkins Companies, represented by Walt Lindgren with Johnson Architects, is requesting
approval of an annexation and a rezone from RUT (Rural Urban Transition) to MU-DA
(Mixed Use with a Development Agreement). The mixed use development consists of 226
residential units (II O-single-family, 80- multi-family condominium units, and 36 mixed
use stacked residential units) and 4-retailloffice/commercial buildings. The 41.20-acre site
is generally located on the southwest comer of Riverside Drive and State Street at 1505
Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the office of The Lang Group, Inc, at 6:00 PM,
October 5, 2005, in compliance with the application submittal requirement of Eagle City
Code. The original application for this item was received by the City of Eagle on October
6, 2005. The revised concept plan for this item was received by the City of Eagle on June
14, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice ~f Public Hearing on the application for the Eagle City Council was published in
accordlhce with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 19, 2006, and again on June 26, 2006. 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 December 20, 2005, and again on June 21, 2006. Requests for
agencies' reviews were transmitted on October 12, 2005, and again on June 15,2006, in
accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code January 4, 2006, and again on June 30, 2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 10,2006, the City Council remanded this application to staff with direction to
encourage the applicant to revise the concept plan showing the density to be below ten
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(10) dwelling units per acre, showing the inclusion of public streets, separated sidewalks
on both sides ofthe street, planter strips and a tree lined boulevard. The City Council also
requested that a Traffic Impact Study be completed and the Public Hearing be re-noticed
in compliance with State Law and local ordinances.
E. COMPANION APPLICATIONS: N/A
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA TIONS:
COMPPLAN WNING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway RUT (Residential - Ada Commercial horse arena
and Scenic Corridor County designation) (Lonesome Dove
overlay Ranch) and pasture
Proposed No Change MU-DA (Mixed Use) Mixed use development
with Development including commercial,
Agreement retail and residential
(town homes and
condominiums ).
North of Public/Semi-Public PS (Public/Semipublic) Park and Ride, State
site and Mixed Use and A (Agricultural), Highway 44, Eagle
MU-DA (Mixed Use) River Development
with Development
Agreement
South of Residential Two and R-2-P (Residential - two Boise River
site Floodway units per acre) Planned Rivers End Planned
Unit Development and Unit Development
RP (Rural Preservation-
Ada County Designation)
East of site Mixed Use RUT (Residential- Ada Rock Contractors
County designation) and
MU-DA (Mixed Use)
with Development
Agreement
West ofsite Mixed Use RUT (Residential - Ada Pasture
County designation)
County designation) and
MU (Mixed Use)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 4 I .2-acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter from Walter Lindgren with Johnson Architects dated June
20, 2006, provided by the applicant.
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J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The City is requesting a development agreement to ensure the development of the property
is consistent with the Comprehensive plan and vision of the City of Eagle.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters from ACHD and Eagle Fire District have been received by the
City. Lynn Moser with Eagle Sewer District stated in correspondence that the property has
been annexed into the Eagle Sewer District and can be served with sewer service facilities.
The City was forwarded correspondence from the Idaho Department of Environmental
Quality dated September 5, 2005, to Robert DeShazo with Eagle Water regarding their
concern over the adequacy of available water volume and pressure.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON-CONFORMING USES:
Lonesome Dove Ranch currently is allowing the Larry Miller Dodge Dealership to display
an non-accessory off-premise Dodge truck display with signage adjacent to Riverside
Drive. The display is not an allowed use within Ada County or the City of Eagle. Prior to
the execution of the development the truck display should be removed.
The Lonesome Dove Ranch a horse boarding! riding arena business currently located on
the site was approved through Ada County with a Conditional Use Permit. Although Eagle
City Code permits Commercial Entertainment Facilities (Outdoor) within the MU (Mixed
Use) zone with a conditional use permit the applicant has indicated Lonesome Dove
Ranch will be removed by the end of the year.
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached within the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Chevron Pipeline
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
O. LETTERS FROM THE PUBLIC:
Steve and Susan Churchman provided correspondence date stamped by the City on
January 9, 2006, with concerns regarding the density of the development.
Chuck Carlise with Eagle River, LLC, provided correspondence date stamped by the City
on January 10, 2006 with concerns over the traffic impact to Riverside Drive, a lack of a
frontage road through the development, the lack of a traffic study and the impact to the
intersection of Riverside Drive and State Highway 44.
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Chuck Carlise with Eagle River, LLC, provided correspondence date stamped by the City
on July 6, 2006 with concerns regarding the alignment of Riverside Drive, need for
improvement of the intersection of Riverside Drive and State Highway 44, height
limitations, density of the development, and requesting participation in the construction of
a proposed access from Riverside Drive to State Highway 44 one half mile west of the
intersection of State Highway 44 and Riverside Drive.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part ofthis Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also, the floodway areas shall not be considered as a part of the
minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Floodway areas shall be excluded from being used
for calculating permitted residential densities. Any portion of the floodway developed as a
substantially improved wildlife habitat area open to the public, or useable public open space,
such as a pathways, ball fields, parks, or similar amenities as may be approved by the City
Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and
the floodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use designation show shall be considered to abut the actual flood way boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
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AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14, 2004
Chapter I
Overview
1.1
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and servIces are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
I. To protect fish, wildlife, and recreation resources.
Chapter 5 - Economic Development
5.1 Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.2 Goal
Encourage an economic base complementary to Eagle's rural identity
5.4 Objective
To preserve the economic integrity of the Central Business District (CBD) and to
encourage business and industry that have minimal environmental impact.
5.5 Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
h. Promote additional employment opportunities and expand the economic base
by a) encouraging growth and expansion of existing businesses and industry
and b) attracting additional business and industry so residents will be
provided with adequate commercial services and facilities.
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Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
m. Promote commercial service and retail development within the Central
Business District that contributes to pedestrian friendly environment.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Natural Resources And Hazard Areas
Chapter 7
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (I) the floodway which is the most severe
area of flooding characterized by deep and fast moving water; and (2) the
floodplain which is less severe than the flood way and is characterized by
shallower and slower moving waters at the time of flooding.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the ] OO-year
floodplain of the Boise River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
7.9 Goal
Special concern and attention should be given to the preservation offish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
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8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of the
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and its
Area ofImpact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
9.5 Pathways And Grennbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part ofa roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
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Chapter II
Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defined as areas, sites or Structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
.
Area wide drainage including hillsides, foothills and gulches
Water quality
Sanitation
Area-wide traffic plans
Pathways, trail access
Wetlands issues
Fish and wildlife habitat
Existing trees and natural features
River and creek greenbelt areas
Potential for permanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
.
.
.
.
.
.
.
.
.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
11.3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
I 1.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
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g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
I. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
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.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain with wildlife, trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
which crisscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
c. The flood way shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
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.
e. Developments that would establish or tend to establish another City center
outside of the Central Business District should not be approved.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridge lines as visual amenities.
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I. Encourage the development of pathways and open-space corridors throughout
the City.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
Chapter 9 Parks, Recreation And Open Spaces
9.5 Pathways And Greenbelts
9.5.1 Goal
To create a pathway system that provides interconnectivity of schoo Is,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
c. To create and preserve pathway corridors in public and private lands within
the Eagle foothills for nonmotorized multi-use.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
J. Provide adequate parking and public facilities along greenbelts and pathway
systems.
I. Provide public information on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway
systems (i.e., milepost markers).
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-2A: Design Review Overlay District
8-2A-I: General Applicability:
This article applies to all proposed development located within the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is
not limited to, new commercial, industrial, institutional, office, multi-family
residential projects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and
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requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
The following are specifically excluded from the requirements of the design
review overlay district: development of an individual single-family detached
dwelling on a single parcel, an individual duplex (2 dwelling units), and an
individual town home consisting ofa maximum of two (2) dwelling units.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
I. Recognize the interdependence of land values and aesthetics and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of private property in harmony with the
desired character of the city and in conformance with the guidelines
herein provided with due regard to the public and private interests
involved.
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specifY
desirable building and landscape architectural styles and materials to create a
sustainable and pleasing environment for residents and visitors alike. The
architectural designs, materials, and graphics set forth in this article are
compiled to create a theme unique to the area called "Eagle architecture".
8-2A-5: Design Review Overlay Disrtricts; Eagle Architecture And Site Design Book
(EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book
is to show, through the use of pictures and text, specific period architectural
styles, themes, and elements envisioned through the requirements of this article.
The EASD book, established through a resolution of the city council and as may
be amended through future resolution(s), contains all exhibits referenced in this
article and is incorporated herein by reference. However, exhibit A-I may only be
modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the
EASD book will not be considered. A copy of the EASD book is available at
Eagle city hall.
C. DISCUSSION:
· The Comprehensive Plan's Land Use Map designates this site as Mixed Use and
Floodway. The applicant is proposing a combined single-family residential, residential
condominium, and retail/office/commercial mixed use development. The proposed
density (based on 23.34 acres outside of the Floodway) is 9.62 dwelling units per acre.
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· During the revision process ofthe original concept plan for this development staff met
with the applicant, the applicant's representative, staff from Ada County Highway
District (ACHO), staff from Idaho Transportation Department (ITD), and
representatives of Eagle River, LLC. The meetings were conducted to address the
concerns of ACHD and ITD regarding the re-routing of Riverside Drive, and the
improvement of the intersection of Riverside Drive and State Highway 44. This plan
also addresses the roadway connection provided to the property to the west,
connections to the east for future development, and connection to the Three Cities
River Crossing.
· The applicant is proposing a "neo-traditional" neighborhood style of development
similar to Paddy Rowand Alderwood Village Subdivisions. This type of development
typically consists of single-family dwellings located in close proximity to each other.
The fronts of the houses are located near the street to not only provide a "quaint"
neighborhood feel, but to also accommodate a rear yard garage accessed by a paved
easement. With this type of development, deviations from standard minimums within
the code are to be considered, including setbacks, lot coverage, and lot size and width.
The applicant is proposing the following setbacks and lot coverage staff's
recommended changes are shown in bold next to the applicant's requests:
Residential (Lots 1-29):
Front@ River Side:
Interior Side (2 stories):
Side @ Street:
Rear @ Street (Garage):
Residential (Lots 30-110):
Front @ Street:
Interior Side (2 stories):
Side @ Street:
Rear @ Alley or Street:
10'
7.5' (2.5' additional setback for multi-story)
10'
12' (measured from the back of the sidewalk)
15' (measured from the back of the sidewalk)
5'
10'
12' (measured from back of sidewalk or edge of alley)
Multi-Familv Condominiums:
Front @ Street: 15' (allows canopies, awnings, etc. to encroach in
setback)
7.5' (2 Stories) /12.5' (3 Stories)
15' (allows canopies, awnings, etc. to encroach in
setback)
7.5' 10'
5' Staff does not recommend allowing this setback
Interior Side (2 Stories):
Side @ Street:
Rear:
Rear Alley:
Commercial Core:
Front @ Street:
setback)
Interior Side:
Side @ Street:
Rear Alley:
7.5' (allows canopies, awnings, etc. to encroach in
7.5' (2 Stories) /12.5' (3 Stories)
7.5' (allows canopies, awnings, etc. to encroach in
setback)
5' 10'
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Maximum Lot Coverage: 60%
Staffhas incorporated staff's recommended setbacks into the recommended conditions
provided within this report to be placed in a development agreement.
· The applicant is proposing an "Americana" theme utilizing a Craftsman style of
architecture. Though Craftsman architecture is one of the permitted styles of
architecture in the Eagle Architecture and Site Design Book, there is no reference to
an Americana Theme and this should be further explored and detailed in the
development agreement.
· Staff believes that a MU (Mixed Use) zoning classification for this site is appropriate
since the 2000 Comprehensive Plan designates this site as Mixed Use on the Future
Land Use Map, and because the lands to the east (Eagle River Development) and
north are zoned and developed under the MU (Mixed Use) zone as well. In addition,
this site is compatible with the property to the south since it is currently zoned R-2-P
and is developed with single-family residential uses and this development as proposed
will place single-family residential uses adjacent to the R-2-P zone. The commercial
area within the proposed development will be buffered by the single-family residences
and the river from the property to the south.
· The Comprehensive Plan emphasizes the importance to ensure that new commercial
and retail development does not detract from the development in the Central Business
District. The proposed commercial/retailloffice uses within the proposed project
(approximately 4 acres), though limited in the attached DA, should be reviewed by the
Council and scrutinized to ensure that these uses are not in conflict with this policy.
· The proposed site lies within the Boise River floodway and floodplain as delineated in
the FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map revision
dated February 19, 2003. Prior to commencing work on this site a Floodplain Permit
will be required. A 404-permit through the Army Corp of Engineers may also be
required.
· The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1
of 2 shows a pathway adjacent to the north side of the North Channel of the Boise
River. The applicant should meet with the City's Park and Pathway Development
Committee prior to submitting a design review or preliminary plat (which ever comes
first) to determine the location of the required public easement and pathway
requirements. A condition should be placed in the development agreement to provide
for a connection from Riverside Road through the development for access to the
greenbelt pathway system.
· This site is located within the Eagle Water Company's service area. In past
correspondence from the Idaho Department of Environmental Quality they have
indicated a concern with the water availability and pressure issues. The applicant
needs to provide documentation from the Eagle Water Company and the Department
of Environmental Quality (Boise Regional Office) indicating that potable water
service has been approved to serve the site prior to the applicant submitting a final plat
application.
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· Eagle City Code Section 8-2A requires commercial, retail, and attached housing
exceeding two units in number comply with the design criteria as set forth in the Eagle
Architecture and Site Design Book. Section 3.18 of the proposed Development
Agreement requires all architectural plans be approved by the Design Review Board
and the Eagle City Council prior to the issuance of building permits.
· Site subject to Development Agreement under ECC Section 8-10-1.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
annexation and rezone with the conditions noted within the staff report to be placed within a
development agreement.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 5, 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 favor of this proposal was presented to the Planning and Zoning Commission by one
(I) individual who owns the property adjacent to the subject property on the eastern boundary. The
individual said that he is in support of this project.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (I) individual who represented Ballantyne Irrigation Ditch Company. He
told the Commission that the Ballantyne Ditch serves most of Eagle and they have a water right they
would like to preserve. The head gate for the Ballantyne Ditch is located on the southern boundary of
the subject property. He also told the Commission that if this property is developed the plans call for
the Ballantyne Ditch to be tiled with a forty-eight inch (48") pipe. The individual asked that the
Commission place a condition within the development agreement that an access is provided to the
head gate and that the ditch is tiled as called for in their plans.
COMMISSION DECISION:
The Commission voted 4 to 0 (Aspitarte absent) to recommend approval of A-12-05 & RZ-19-05
for rezone with a development agreement upon annexation from RUT (Rural Urban Transition _
Ada County designation) to MU-DA (Mixed Use with Development Agreement) for Hawkins
Companies with the staff recommended conditions to be placed within a development agreement
as shown within their findings of fact and conclusions oflaw document, dated December 19, 2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 10, 2006, at
which time testimony was taken, the public hearing was closed and the City Council remanded the
application to staff to provide the applicant the opportunity to make changes to the conceptual
plan. The City Council also required the public hearing be re-noticed in compliance with State and
local laws. The annexation and rezone application came back before the City Council for their
action on July II, 2006. Testimony was taken, the public hearing was closed, and the Council
made their decision at that time. The City Council reviewed and approved the conditions to be
placed in a development agreement on September 26, 2006.
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B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than
the applicant/representative).
C. Oral testimony in opposition to the application was presented by no one.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City
Council by one (I) individual who indicated it is a drastic change for the City of Eagle to allow
condominiums. The individual also indicated that growth should pay for itself and maybe the City
should take a look at charging impact fees for future development.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-12-05 & RZ-19-05 for an annexation and rezone RUT
(Rural Urban Transition - Ada County designation) to MU-DA (Mixed Use with Development
Agreement) for Hawkins Companies, with the following recommended conditions to be placed
within a development agreement with underline text to be added by the Council.
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made
except as otherwise provided within this Agreement.
3.2 The Concept Plan 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.
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
changes in the Concept Plan, notice shall be provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle and Applicant as
a desired component to a mixed use development. A residential component of similar size and area to
that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.3 The total number of residential units on the Property shall not exceed 226-units in the aggregate.
Development of the residential portion ofthe Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required with
the exception of height exceptions.
3.4 The Setbacks shall be as follows:
· Single Family Residential:
Lots 1-24
Front
Rear
10 feet (River side)
15 feet (to garage) (measured from the back
of sidewalk)
Interior Side
5 feet
Additional Setback for
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Multi-Story structures
Street Side
2.5 feet
I 0 feet
Lots 25-101
Front (Exhibits E & I) 10 feet (measured from back of sidewalk) for covered
porches or less than 50% of building mass (A
Lots-As shown on Exhibit I)
15 feet (measured from back of sidewalk) for building
mass (B Lots-As shown on Exhibit I)
Rear 12 feet (to garage) (measured from back of sidewalk or
edge of alley)
Interior Side (up to two-story) 5 feet
Street Side 10 feet
· Multi-family Condominiums:
Front
Rear
Interior Side
I 5 feet
10 feet
7.5 feet (2-story) /12.5 feet (3-story)
I 5 feet
Street Side
· Mixed Use /Office/ Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc. to encroach)
Rear I 0 feet
Interior Side
Street Side
7.5 feet (2-story) /12.5 feet (3-story)
7.5 feet (allows canopies, awnings, etc. to encroach)
· Maximum Coverage: 60%
All single family residential Structures shall require Architectural Control Committee (ACe) approval
prior to the issuance of any building permits to assure that the homes are designed to be compatible
and consistent with the "Craftsman" theme of the development.
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the MU zoning designation (except as limited in
Section 3.6, below). Buildings up to a maximum of 10,000 square feet each are permitted for this area.
3.6 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 Mixed Use 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.
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All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations," (Exhibit "J") shall be considered permitted uses and
all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional
use permit, except that the residential portions of the Property described in Section 3.3 shall not
require a conditional use permit.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
. Residential, Mobile Home (Single Unit);
. Residential, Mobile Home (Single Unit Temporary Living Quarters);
. Residential, Mobile Home Park;
. Adult Business;
. Automotive washing facility;
· Cemetery;
· Circuses and Carnivals;
· Drive-In Theatre;
· Equipment Rental and Sales Yard;
· Kennel;
· Nursery, plant materials;
. Riding Academies/Stables;
. Small Engine Repair;
. Storage (fenced area);
3.7 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation ofresponsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this Agreement.
(c) A requirement for all fencing within the development to be open-style such as wrought iron,
extruded aluminum (looks identical to wrought iron), or three-rail-type wooden decorative fencing.
All other fencing (ie. cedar fencing, vinyl, chain link) shall be prohibited.
(d) A requirement for the placement of street trees adjacent to the street by the owner on Lots 1-24
as shown on Exhibits D & G prior to the issuance of a Certificate of Occupancy for the dwelling.
3.7.1 The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Owners Association(s) for the development. The applicant shall provide a copy
of the CC&Rs (which include a similar statement regarding the common areas) for review and
approval by the City attorney prior to the approval of the first final plat. The CC&Rs shall provide
that the association(s) shall have the duty to maintain and operate all of the common landscape
areas in the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements set
forth in this Development Agreement. Specific design elements shall be clarified during the platting
and design review application processes. However, the streetscape as shown on the concept plan (the
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central design theme (Exhibit H), center landscape islands, street trees, pool, pool house, and,
children's play areas (3)) (Exhibit F) shall be required design elements as part of the final design for
the site. The overall open space for the site shall remain a minimum of 50%. For the purpose of this
Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and
individual, fee-simple residential building envelopes.
3.9 The applicant's property shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the submittal of a final plat application. Prior to issuance of any building permits,
Applicant shall provide proof of central sewer service to the proposed residential and commercial
uses. A letter of approval shall be provided to the City from the Idaho Department of Health and
Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of
any building permits.
3.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Idaho Fish & Game
Department (if applicable), the Idaho Department of Water Resources (ifappl icable), the Army
Corps of Engineers, the City of Eagle, and any other appropriate governmental agencies, and shall be
in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rule and regulations pertaining to regulated
wetlands.
3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City
Code.
3.12 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property on
the levee adjacent to the Boise River. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Committee, the Eagle Design Review
Board, and the Eagle City Council prior to the submittal of the first final plat for the Property. The
asphalt pathway shall be located in an easement or easements which shall be dedicated to and
accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2), upon recordation of the
final plates) wherein the pathway is located.
3.13 A minimum of one emergency and/or service access point to the Boise River for the use of repair and
rescue equipment and personnel shall be provided. Location and width of emergency and/or service
access shall be as determined in coordination with the City of Eagle Park and Pathway Development
Committee, Eagle Fire Department, Flood Control District # I 0 and Ballantyne Irrigation Ditch
Company and approved by the Eagle City Council prior to City approval of the preliminary plat or
master design review application for the Property.
3. 14 Provide bus stops as may be recommended by Eagle.
3.15 Applicant shall match the existing streets cape located on the south side of Riverside Drive with a
minimum eight foot (8') wide tree lined landscaped strip and a detached ten foot (10') wide
pathway. The landscaping, including street trees and pathways shall be reviewed and approved by
the Eagle Parks and Pathway Development Committee and the Eagle Design Review Board prior to
submitting application for a final plat.
3.16 Applicant shall provide a center common area plaza for use by the residents of the development as
generally depicted on the Concept Plan. The intent of the plaza is to become a focal point of the
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development with an adequate area for gathering, a pool, pool house, benches, seat walls, and
ornamental lighting to create a sense of place and identity for the core area of the development. The
landscaping may include shrubs, flowers, water features, etc., and shall be reviewed and approved by
the Eagle Design Review Board and Eagle City Council prior to the submittal of a final plat.
3. ] 7 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3. I 8 The single-family dwellings shall be constructed utilizing !! "Craftsman/Americana" style
architecture. Commerciallretail buildings, multi-family residential condominiums, single-family
dwellings. and pool house shall be required to meet the design review guidelines as set forth in Eagle
City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board and Eagle
City Council approval of the detailed architectural plans for the development is required prior to the
issuance of building permits for commercial/retail buildings, multi-family residential condominiums,
pool house, pumphouse for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACe) as a component of the development's CCR&S. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and
approved by the City attorney prior to the approval ofthe first final plat.
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
3.19 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator
with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky"
concept of lighting.
3.20 The applicant shall submit a design review application showing at a mInImum: I) proposed
development signage, 2) planting details within the proposed and required landscape islands and all
common areas throughout the development, 3) landscape screening details and buffering for the
residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area
Structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation
pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in
reference to mosquito abatement. The design review application shall be reviewed and approved by
the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat.
3.2] All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal of
a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing
trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
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Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
3.22 Other than any pathways, ponds and landscaped open space areas as depicted on the Concept Plan,
development of the Floodway shall be prohibited.
3.23 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Riverside Drive.
3.24 City of Eagle approvals shall be subject to any FEMA requirements.
3.25 Applicant shall provide pedestrian and bicycle public access to the paved pathway along the Boise
River as required in the Eagle Comprehensive Plan.
3.26 Provide a license agreement from ACHD approving the landscaping located within the public right-
of-way abutting the northern boundary of the Property (Riverside Drive) prior to the City Clerk
signing the final plat.
3.27 Pathways connecting the residential areas to the commercial areas shall be provided.
3.28 The applicant shall tile the Ballantyne Ditch within the subject property as required by the
Ballantyne Irrigation Ditch Company prior to the City Clerk signing the final plat.
3.29 Provide documentation from Eagle Water Company and the Department of Environmental Quality
(Boise Regional Office) indicating that potable water service has been approved to serve the site
prior to the applicant submitting a final plat application.
3.30 Streets shall be constructed using the street section widths as shown on Exhibit C or as otherwise
approved by Ada County Highway District.
3.31 The applicant shall remove or cause to be removed the existing horse boarding! riding arena business
(Lonesome Dove Ranch) including but not limited to arenas, stables, barns, residences and
associated signage located on the site prior to December 31, 2006. All non-accessory off-premise
advertising including but not limited to the Dodge truck display shall be removed immediately, prior
to the execution of this agreement.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at the office of The Lang Group, Inc, at 6:00 PM, October 5, 2005,
in compliance with the application submittal requirement of Eagle City Code. The original application
for this item was received by the City of Eagle on October 6, 2005. The revised concept plan for this
item was received by the City of Eagle on June ]4,2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Tit]e 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 31, 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 October 25, 2005. Requests for agencies' reviews
were transmitted on October ]2,2005, 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
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accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 19, 2006, and again on June 26, 2006. 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
December 20,2005, and again on June 21, 2006. Requests for agencies' reviews were transmitted
on October 12, 2005, and again on June 15, 2006, in accordance with the requirements of the
Eagle City Code. The site was posted in accordance with the Eagle City Code January 4, 2006,
and again on June 30, 2006.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-19-05) 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 rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA is consistent with the Mixed Use
designation on the Comprehensive Plan Land Use map;
b. The requested zoning designation of MU-DA (Mixed Use with a development
agreement) is appropriate for the site since the areas surrounding the site to the
east and west are currently designated Mixed Use on the Land Use Map adopted
September 14,2004, and are proposed to be developed in a similar manner as this
site;
c. The requested zoning designation of MU-DA (Mixed Use with a development
agreement) zone is compatible with the MU.DA (Mixed Use with a development
agreement) and PS (Public/Semipublic) zone to the north since one site is to be
developed with a commercial building and the other site is developed into a park
and ride lot. The residential area of this development is required to be buffered
from these sites;
d. The requested MU-DA (Mixed Use with a development agreement) zone is
compatible with the R-2-DA-P (Residential-two units per acre with development
agreement planned unit development) zone to the south since that site is currently
developed with residential and the proposed development provides for single-
family residential to be adjacent to this development with the river and floodway
area to provide a buffer due to density of the proposed development;
e. 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 the uses allowed on this
property pursuant to the terms of the development agreement;
f. The land proposed for rezone is located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan. The southern portion of the site lies
within the Boise River Floodplain area. The development of the site will be
required to meet the requirements ofECC, Title 10, Flood Control.
g. No non-conforming uses will be created by this rezone.
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DA TED this 21 st day of November 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 22 of 22
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