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Findings - PZ - 2007 - RZ-05-07 - Rz From Ar To Bp-Da To Construct A Self Storage Facility/2.0 Acre/2871 E. Hill Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION 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-05-07 The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their recommendation 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, 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. APPLICA TION 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. 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. E. COMPANION APPLICATIONS: (None) Page 1 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ.05.07 pzfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN 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 ofsite 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 I. 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) 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) 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 within the staff report. Comments which appear to be of special concern are noted below: Ada County Highway District Central District Health Page 2 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2001\RZ-OS-07 pzfdoc Chevron Pipeline Department of Environmental Quality Eagle Fire Department O. LETTERS FROM THE PUBLIC: None received 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. May include vehicle storage to a maximum of twenty percent (20%) of the site. Where greater than twenty percent (20%) of the site is allocated to vehicle storage. the vehicle storage 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 ofthis chapter. Page 3 of 11 K:\Planning Dept\Eagle ApplicBtions\RZ&A\2007\RZ-OS_07 pzfdoc · 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-I(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 11 K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 pzfdoc 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 11 K:\Planning Depl\Eagle Applicalions\RZ&A\2007\RZ-05-07 pzfdoc . 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 of BP-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: 2.1 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. 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. 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 Page 6 of 11 K\Ptanning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 pzfdoc 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. 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 ofthe eastern boundary shall be used for emergency access only by securing the access with a wrought iron gate. 2.6 Landscape buffering and siting ofthe 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 Jines a minimum often-feet (\ 0') 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. Page 7 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ.OS_07 pzfdoc 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 app licanVrepresentative). 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. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval ofRZ-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 the following staff recommended conditions to be placed within a development agreement with underlined text to be added by the commission: 2.1 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. 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. 2.2 Except for the limitations and allowances expressly set forth above and the other terms ofthis 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. 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. Page 8 of 11 K:\Planning DeptlEagle Applicalions\RZ&A\2007\RZ-OS-07 pzfdoc 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 ofthe 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 (\ 0') 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 mav 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 boundarv line adiacent to the property located at 9605 North Horseshoe Bend Road. CONCLUSIONS OF LAW: 1. 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. Page 9 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2007\R..Z-05-07 pzfdoc 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 ofthe Eagle City Code. 3. The Commission 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 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, ifall conditions required within the development agreement are complied with. Page 10 of 11 K\Planning Dept\Eagle ApplicationslRZ&A\2007\RZ_05_07 pzf,doc DA TED this 2nd day of July 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho .---) \\ (/- .... ...... ~... ~J;Pierce~hai~an - , ) Page 11 of 11 .'"......... . -' -', ......' P. G L E' .... ~tj ~ ~......... #'. (! "0. Te 00 ~ ... ,)"",. o~p.. -.. \ L_: ~ .....:, <-. 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