Findings - CC - 2008 - RZ-19-05 MOD1 - Mod To Da/41.20 Acre/1505 Riverside Drive
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
DEVELOPMENT AGREEMENT FOR )
THE REZONE FROM RUT TO MU-DA )
FOR LONESOME DOVE SUBDIVISION )
FOR LONESOME DOVE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-t9-05 MODt
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on October 28, 2008. 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:
Lonesome Dove, LLC, represented by Chad Longson is requesting a modification to the
development agreement associated with the Lonesome Dove Subdivision. The 41.20-acre
site is generally located on the southwest comer of Riverside Drive and State Street at
1505 Riverside Drive.
B. APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on June 4, 2008.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this 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 October 13, 2008. 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 10,
2008. The site was posted in accordance with the Eagle City Code on October 17, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 26, 2006, the City Council approved an annexation and rezone from RUT
(Rural Urban Transition - Ada County designation) to MU-DA (Mixed Use with
Development Agreement) for Hawkins Companies. (A-12-05/RZ-19-05)
On January 23,2007, the City Council approved a preliminary plat for Lonesome Dove
Subdivision for Lonesome Dove, LLC. (PP-18-06)
On August 14, 2007, the City Council approved a development agreement modification
limiting the commercial core buildings to 11,000 square foot footprint area and that no
single tenant retail and restaurant uses shall not exceed 7,500 square feet in total area
(including any area above the first floor). (RZ-19-05 MOD)
On December 18, 2007, the City Council approved a final plat for Lonesome Dove
Subdivision (FP-l 0-07).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway and MU-DA (Mixed Use with Mixed use development
Scenic Corridor overlay Development Agreement) including commercial,
retail and residential (town
homes and condominiums).
Proposed No Change No Change No Change
North of site Public/Semi-Public and PS (Public/Semipublic) and Park and Ride, State
Mixed Use A (Agricultural), MU-DA Highway 44, Eagle River
(Mixed Use with Development
Development Agreement)
South of site Residential Two and R-2-P (Residential- two units Boise River
Floodway per acre) Planned Unit Rivers End Planned Unit
Development and RP (Rural Development
Preservation- Ada County
Designation)
East of site Mixed Use MU-DA (Mixed Use with Proposed Eagle Gateway
Development Agreement) South Subdivision
West of site Mixed Use RUT (Residential- Ada Proposed Lofts at Eagle
County designation) County River Subdivision
designation) and MU (Mixed (Condominiums and
Use) townhomes)
E. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
F. TOTAL ACREAGE OF SITE: 41.2-acres
G. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
H. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
1. NON-CONFORMING USES: None are apparent on the site.
J. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-12-
05/RZ-19-05) and their correspondence is attached to the staff report:
Ada County Highway District
Chevron Pipeline
Central District Health Department
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Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
K. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
· The applicant is requesting a modification to the development agreement (Instrument
# 1 07128283) associated with RZ-19-05 associated with Lonesome Dove Subdivision to amend
Article III, "Conditions of Development" as noted within their narrative date stamped by the City
on October 10, 2008. The requested modifications are as follows: 1) provide a revised concept
plan, 2) modifY setbacks, 3) reduce the width of the sidewalk adjacent to Riverside Drive from ten
feet (10') in width to five feet (5') in width, 4) provide revised residential building elevation
exhibits 5) allow a temporary Sales Center at the comer of Highway 44 and Edgewood, and 6) a
height exception for the RBC Building to forty-two feet (42 ') in height
· Condition of Development 3.4 addressing the approved setbacks for the development reads as
follows:
o Condition of Development 3.4:
The lot numbers enumerated below are provided in reference to the lots identified on the
concept plan.
. Single Family Residential:
Lots 1-24
Front
Rear
10 feet (south side)
15 feet (to garage) (measured from the back
of sidewalk)
Interior Side
5 feet
Additional Setback for
Multi-Story structures
Street Side
2.5 feet
1 0 feet
Lots 25-101
Front (Exhibits E & G) 10 feet (measured from back of sidewalk) for covered
porches or less than 50% of building mass (A
Lots-As shown on Exhibit G)
15 feet (measured from back of sidewalk) for building
mass (B Lots-As shown on Exhibit G)
Rear 12 feet (to garage) (measured from back of
sidewalk or edge of alley)
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Interior Side (up to two-story) 5 feet
Street Side 10 feet
. Multi-family Condominiums:
Front
15 feet
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
15 feet
Rear
Interior Side
Street Side
. Mixed Use /Office/ Retail Commercial Buildings
Front
7.5 feet (allows canopies, awnings, etc. to encroach)
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
7.5 feet (allows canopies, awnings, etc. to encroach)
Rear
Interior Side
Street Side
. 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/Americana" theme of the development.
The applicant is requesting the following changes (shown in bold) to the setbacks and maximum lot
coverage requirements (staff recommendations are shown in italic and underline):
· The applicant is requesting to reduce the front, rear, and side setbacks for the "PatiolRiver Lot"
homes. The front (south side) of these lots will be facing the large common lot adjacent to the
Boise River, a reduced setback would probably be appropriate. The applicant's request to
eliminate the 2.5 feet for multi-story structures is addressed through restricting the second story
floor massing to 60%. Should the applicant's request to modifY the rear setback to twenty feet
(20') (measured from back of curb) be approved the width of the area between the back of the
sidewalk and the garage will be seven feet (7'). The garages on these lots are adjacent to a public
road. Therefore the rear setback should remain as required with the development agreement.
· Single F8:lRily Residential: Detached "PatiolRiver Lot" product Lots 2-27, Block 9 (as
shown on the Overall Site Plan)
Lots 1 21
Front
Rear
1 0 feet (south side) 5 feet
15 feet (to garage) (measured from the back
of sidewalk)
20 feet (measured from back of curb)
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Interior Side
5 feet with no more than 60% of the main
floor massing on the 2nd floor
,A.dditional Setback for
Multi Story structures
Street Side
2.5 feet
! () feet
Maximum Coverage:
60%
. The proposed setbacks will allow for the single-family "Carriage Lot" homes to be constructed
approximately seven feet (7') in width from the back of the sidewalk. This setback will be
comparable to the single-family dwelling units in Winding Creek Subdivision. The ten foot (10')
wide rear setback (to garage, measured from back of sidewalk or edge of alley) allows for visual
clearance when backing a vehicle from the garage.
Lots 25 101 Detached "Carriage" product Lots 1-10, Block 5, Lots 1-7, 15-18, Block
6, Lots 2-8, Block 7, and Lots 8-18, Block 8 (as shown on the Overall
Site Plan)
Front/street side (Exhibits E & G) 10 feet (meas\:lred from bade of side\valk) for
eO'/ered porches or less than 50% efb\:lilding
mass (,A. Lots :\s shown on ExhiBit G)
15 f-eet (meas\:lrea from back of sidewalk) for
building mass (B Lots ,A.S SftOWfl on Exhibit G)
20 feet measured from back of curb
12 feet 10 feet (to garage) (measured from back
of sidewalk or edge of alley)
5 feet
! () fcet
Rear
Interior Side (up to two-story)
Strcet Side
Maximum Coverage:
60%
. The proposed setbacks for the attached townhome product adjacent to a public street do not take
into account that Riverside Drive is a collector. Pursuant to Eagle City Code residential
developments are required to be buffered from collectors by a minimum thirty-five foot (35') wide
buffer area. The applicant is proposing a setback of eighteen feet (18') from back of curb adjacent
to public roads. While this may be acceptable for local roads it is unacceptable for a collector. It is
staffs opinion that the minimum setback for dwellings adjacent to Riverside Drive should be
thirty-five feet from back of curb to allow buffering to occur between the residential dwellings and
Riverside Drive.
. Attached Townhome product:
Front and Street Side
18 feet measured from back of curb
Street Side (ad;acent to Riverside Drive) 35 feet measured from back of curb
Alley side (no garage) 5 feet measured from edge of alley
Rear 10 feet measured from edge of alley
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Side adjacent to common area 5 feet
. Multi-family Condominiums:
Street Side
15 feet
1 0 feet
7.5 feet (2-story) / 12.5 feet (3-story)
15 feet
Front
Rear
Interior Side
. Mixed Use /Office/ Retail Commercial Buildings
Front
7.5 feet (allows canopies, awnings, etc. to
encroach)
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
7.5 feet (allows canopies, awnings, etc. to
encroach)
Rear
Interior Side
Street Side
. Condition of Development 3.15 reads as follows:
Applicant shall match the existing streetscape 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 applicationfor a final plat.
Pursuant to the development agreement, the applicant was required to construct a detached ten-
foot (10') wide pathway to match the existing pathway located west of the proposed Lonesome
Dove Subdivision. This pathway is a portion of the regional pathway which is located adjacent to
State Highway 44 to the west which then continues through the Eagle River Development to
Merrill Park and fronts the Dater property west of the this project. The original plan for the
pathway was to continue the pathway east on Riverside Drive from Merrill Park and, upon
reaching the intersection of Riverside Drive and State Highway 44, continue to the east adjacent to
the state highway. The narrative provided by the applicant date stamped by the City on October
10, 2008, indicates the applicant is proposing to reduce the pathway along Riverside Drive to five-
feet (5') in width instead of the required ten-feet (10') due to the connectivity which is provided
through the subdivision to the ten-foot (10') wide path installed on the Ballantyne irrigation ditch
levy (green belt). The Parks and Pathway Development Committee and the Design Review Board
reviewed the pathway plan for Lonesome Dove Subdivision. The pathway design recommended to
the Council by both bodies showed a ten-foot (10') wide pathway (as required pursuant to the
development agreement) to be consistent with the existing pathway adjacent to the Dater property
to the west on the south side of Riverside Drive. It should be noted that a five-foot (5') wide
detached sidewalk has already been constructed in place of the ten-foot (10') wide detached
pathway contrary to the approved design review application and executed development agreement.
It is staffs opinion that the ten-foot (10') wide pathway be constructed as recommended by the
Parks and Pathway Development Committee and approved by the Design Review Board. Staffwill
defer to the Council the final action to allow the already constructed five-foot wide detached
sidewalk to remain in place of the required ten-foot (10') wide pathway.
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· The applicant is also requesting approval to locate a temporary sales office at the comer of
Highway 44 and Edgewood. A portable temporary sales office should only be allowed for one (1)
year or upon completion of a model home or the clubhouse at which time a temporary sales office
may be relocated to that location. The applicant should submit a Design Review application for
landscape and signage to be reviewed and approved by staff prior to the issuance of a zoning
certificate. The landscaping and signage should be installed for the portable temporary sales office
prior to the issuance of a certificate of occupancy.
· During the annexation and rezone hearing process for the development (A-12-05/RZ-19-05) the
proposed height of the commercial buildings was unknown since no building elevations were
submitted with the application and there was a possibility that residential units may be located on a
third floor above the retail/office buildings. Condition of Development #3.3, which addresses the
residential units requires that a separate application be submitted for a conditional use permit for a
height exception. The proposed commercial building is two (2) stories tall and the applicant is
requesting a height exception of forty-two feet (42') to accommodate the architectural design of
the comer of the RBC commercial building located at the northwest comer of Riverside Drive and
Edgewood Way. In order to accommodate the architecture which has been approved and provide
variation in design staff would consider forty-two feet (42 ') appropriate.
· The executed development agreement (Instrument #107128283) contains exhibits related to
alternating front setbacks for the single-family dwellings, commercial building elevations, and
residential building elevations for the single-family dwellings. The applicant has provided revised
exhibits showing the building elevations for the single-family dwellings and residential setback
exhibits. The applicant should also provide revised a revised exhibit showing the recently
approved commercial building elevations.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Staff recommends approval of the modification to the development agreement with the changed condition
to read as follows:
3.4 The Setbacks shall be as follows:
The lot numbers enumerated below are provided in reference to the lots identified on the overall
site plan
· Detached "PatiolRiver Lot" product Lots 2-27, Block 9
Front 5 feet (south side)
Rear 15 feet (to garage) (measured from the back of sidewalk)
Interior Side 5 feet with no more than 60% of the main floor massing on the
Maximum Coverage: 60%
· Detached "Carriage" product Lots 1-10, Block 5, Lots 1-7, 15-18, Block 6, Lots 2-8,
Block 7, and Lots 8-18, Block 8
Front/Street Side (Exhibits E & G) 20 feet measured from back of curb
Rear
10 feet (to garage) (measured from back of
sidewalk or edge of alley)
5 feet
1 0 feet
Interior Side (up to two-story)
Street Side
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Maximum Coverage:
60%
. Attached Townhome product:
Front and Street Side
18 feet measured from back of curb
Street Side (adjacent to Riverside Drive) 35 feet
Alley side (no garage) 5 feet measured from edge of alley
Rear 10 feet measured from edge of alley
Side adjacent to common area 5 feet
. Multi-family Condominiums:
Street Side
1 5 feet
1 0 feet
5 feet (2-story) /12.5 feet (3-story)
15 feet
Front
Rear
Interior Side
. Mixed Use /Office/ Retail Commercial Buildings
Front
7.5 feet (allows canopies, awnings, etc. to encroach)
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
Rear
Interior Side
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
The applicant shall provide a revised Exhibits "D" ("PatiolRiver Lot" residential building elevations), "E"
("Carriage Lot" residential building elevations), "G" (setbacks), "J4-5" (commercial building elevations),
to be attached to the development agreement and the following Conditions of Development be added to the
development agreement:
3.31 The building height of the RBC Building located at the northwest comer of Riverside Drive and
Edgewood Lane shall not exceed forty-two feet (42 ') measured from adjacent grade (Exhibit "K").
3.32 A portable temporary sales office shall be allowed for one (1) year or upon completion of a model
home (or the clubhouse) at which time a temporary sales office shall be relocated to that
location(s). The applicant shall submit a Design Review application showing landscape and
signage to be reviewed and approved by staff prior to the issuance of a zoning certificate. The
landscaping and signage shall be installed for the temporary sales office prior to the issuance of a
certificate of occupancy.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 28, 2008, 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 (other than
the applicant/representative).
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C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council
by one (1) individual who supported the staff recommended setbacks and the continuation of the
ten foot (10') wide pathway adjacent to E. Riverside Drive.
COUNCIL DECISION:
The Council voted 4 to 0) to approve RZ-19-05 MOD 1 for a modification to the Conditions of
Development and associated exhibits within the development agreement (Instrument # 1 07128283)
for Lonesome Dove, LLC, with strike through text to be deleted by the Council from the
previously approved development agreement and underline text to be added by the Council to the
previously approved development agreement:
3.4 The Setbacks shall be as follows:
The lot numbers enumerated below are provided in reference to the lots identified
on the overall site plan.
Single Family Residential: Detached "PatiolRiver Lot" product Lots 2-27, Block 9
Lots 1 21
Front
Rear
10 feet (south side) 5 feet
15 feet (to garage) (measured from the back
of sidewalk)
5 feet with no more than 60% of the main floor
massing on the 2nd floor.
Interior Side
,A.dditioRal Setback for
Multi Story struetmes
Street Side
2.5 feet
1 0 f-eet
Maximum Coverage:
60%
Lots 25 101
Detached "Carriage" product Lots 1-10. Block 5. Lots 1-7. 15-18. Block 6. Lots 2-
8. Block 7. and Lots 8-18. Block 8
Front/street side (Exhibits E & G) 10 feet (measured from back of sidewalk) f-or
co';ered porches or less than 50% of building
mass U\ Lots ,A.S sRovm on Exhibit G)
15 feet (measured from baek of sidewalk) for
building mass (B Lots l\S shown on Exhibit G)
20 feet measured from back of curb
~ 10 feet (to garage) (measured from back
of sidewalk or edge of alley)
5 feet
1 0 feet
Rear
Interior Side (up to two-story)
Street Side
Maximum Coverage:
60%
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. Attached Townhome product:
Front and Street Side
18 feet (measured from back of curb)
Street Side (adiacent to Riverside Drive) 35 feet (measured from back of curb)
Street Side (north side ofE. Lone River Drive) 5 feet (measure from back of
curb)
Sidewalk shall be located on the south side ofE. Lone River Drive
Alley side (no garage)
Rear
Side adiacent to common area
. Multi-family Condominiums:
5 feet (measured from edge of alley)
10 feet (measured from edge of alley)
5 feet
Front
15 feet
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
15 feet
Rear
Interior Side
Street Side
. Mixed Use /Office/ Retail Commercial Buildings
Front
7.5 feet (allows canopies, awnings, etc. to
encroach)
1 0 feet
7.5 feet (2-story) /12.5 feet (3-story)
(allows canopies, awnings, etc. to encroach)
Rear
Interior Side
Street Side 7.5 feet
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.
3.31 The building height of the RBC Building located at the northwest comer of Riverside
Drive and Edgewood Lane shall not exceed forty-two feet (42') measured from adiacent
grade (Exhibit "K").
3.32 A portable temporary sales office shall be allowed for one (1) year or upon completion of
a model home (or the clubhouse) at which time a temporary sales office shall be relocated
to that location(s). The applicant shall submit a Design Review application showing
landscape and signage to be reviewed and approved by staff prior to the issuance of a
zoning certificate. The landscaping and signage shall be installed for the temporary sales
office prior to the issuance of a certificate of occupancy.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 4, 2008.
2. Notice of Public Hearing on this 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 October 13,
2008. 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 10, 2008. The site was posted in accordance with the Eagle City Code
on October 17, 2008.
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 MU-DA (Mixed Use with a development agreement) zoning designation is
appropriate for the site since the areas to the east and west are currently designated Mixed
Use on the Land Use Map adopted February 13,2007, and are proposed to be developed
in a similar manner as this site;
c. The requested MU-DA (Mixed Use with a development agreement) zoning designation is
compatible with the MU-DA (Mixed Use with a development agreement) and PS
(Public/Semipublic) zone and land use 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) zoning designation is
compatible with the R-2-DA-P (Residential-two units per acre with development
agreement planned unit development) zone and land use 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 from 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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DATED this 12th day of November 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
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Ada Cou Idaho
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ATTEST:
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'-Sharon . Bergmann, Eagle Ci Clerk
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