Findings - PZ - 2009 - A-02-09//rz-02-09 - Rz From Rut To Re-Da/6.12 Acre/1628 N. Meridian Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
TO R-E-DA (RESIDENTIAL-ESTATES )
WITH A DEVELOPMENT AGREEMENT) )
FOR TERRY L. AND NANCY HARRIS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-09 & RZ-02-09
The above-entitled Rezone with a development agreement, and Preliminary Plat applications came before
the Eagle Planning and Zoning Commission for their recommendation on June 1, 2009, at which time
public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning
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:
Terry L. and Nancy Harris represented by Shawn Nickel with Rose Law Group Borton are
requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada
County Designation) to R-E-DA (Residential-Estates up to one unit per two (2) acres with
a development agreement). The 6. 12-acre site is generally located on the east side ofN.
Meridian Road approximately 950 feet north ofW. Floating Feather Road at 1628 N.
Meridian Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held onsite at 6:15 PM, Wednesday, November 19, 2008,
on site 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 4, 2009.
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 20, 2009. 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 13, 2009. The site was posted in accordance with the Eagle City Code on
April 24, 2009. Requests for agencies' reviews were transmitted on March 5, 2009, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (up to RUT (Rural-Urban Transition Single-family
one (1) dwelling unit per - Ada County designation) dwelling/pasture
five (5) acres maximum)
Proposed No Change R-E-DA (Residential-Estates Future parcel division
up to one (1) unit per two (2)
acres with a development
agreement)
North of site Residential Estates (up to R-E (Residential-Estates up to Residential (Canterbury
one (1) dwelling unit per one (1) unit per two (2) acres) Subdivision)
two (2) acres maximum)
South of site Residential Estates (up to RUT (Rural-Urban Transition Single-family dwelling
one (1) dwelling unit per - Ada County designation)
two (2) acres maximum)
East of site Residential Estates (up to RUT (Rural-Urban Transition Vacant parcel
one (1) dwelling unit per - Ada County designation)
two (2) acres maximum)
West of site Residential Two (up to R-E (Residential-Estates up to Residential (Cavallo Estates
two (2) dwelling units per one (1) unit per two (2) acres) Subdivision)
acre maximum)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE:
+/- 5.7 4-acres (+/- 6. 12-acres inclusive of adjacent irrigation ditch parcel)
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See amended justification letter date stamped by the City on May 5, 2009, provided by the
applicant (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See amended justification letter date stamped by the City on May 5, 2009, provided by the
applicant (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
United Water Company has stated in an email that this site is serviceable from an existing
twelve inch (12") water line located within the Meridian Road right-of-way.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, adjacent to the existing dwelling and Meridian Road
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes, Dry Creek Canal adjacent to north property line
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
N. NON-CONFORMING USES: None are apparent on the site.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - Provided site specific conditions of approval the District
may require when it reviews a future development application
Central District Health Department - No objections to the proposal
Chevron Pipeline - No conflicts with the pipeline
Department of Environmental Quality - No comment
Eagle Fire Department - Comments regarding street signs, spacing of fire hydrants, and
requirement offire access roads.
Idaho Transportation Department - No comment
United Water Company of Idaho (em ail from Dan Brown) - Indicated the property is
serviceable from an existing 12" water line fronting the property in Meridian Road.
P. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (adopted 11-27-07) designates this site as:
Residential Estates
Suitable primarily for single family residential development on acreages may be in
transition from agricultural to residential use or may combine small scale
agricultural uses with residential uses. An allowable density of up to 1 unit per 2
acres.
Chapter 8 - Transportation
8.2 - Street Classification
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8.2.6 Local Roadways
Mobility Function:
The primary function of a local street is to serve abutting property. Local
streets are to be designed to allow on-street parking and discourage
continuous or unobstructed flow of traffic through residential
neighborhoods.
Access Function:
To normally provide abutting properties with unrestricted access to the
local street unless the street is a local commercial street, in which case
access restrictions may apply.
Right-of- Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City and seriously considered by the Highway
District.
All roadways not classified as arterials or collectors are considered local
roadways.
8.6.2 Specific Design Strategies
a) Encourage sidewalks that are separated from the curb on all streets,
except for areas where Eagle City Code requires sidewalks to abut the
curb and where existing buildings, inordinate environmental impacts,
or other impacts make setting the sidewalk back infeasible.
Meandering sidewalks should be required if permitted under the
Americans With Disabilities Act (ADA) and where space permits. A
planter strip of sufficient width for street trees between the sidewalk
and roadway should be required. Where adequate facilities exist,
efforts should be made to provide a canopy effect over the roadways.
The type of street trees used should be those that have root systems
that have proven to not cause sidewalk or curb damage when in close
proximity to such improvements. Root barriers should be required.
s) Encourage arterial and collector roadway design criteria consistent
with the rural nature of planned and existing developments generally
within the areas designated on the Land Use Map as Residential
Rural (one dwelling unit per five acres maximum) and Residential
Estates (one dwelling unit per two acres maximum).
For purposes of this section, roadways should include, but are not
limited to:
· Homer Road
· Beacon Light Road
· Park Lane
· Meridian Road
· Ballantyne Road
· Eagle Road (from Floating Feather Road north to the Impact Area
boundary),
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· Linder Road (from Beacon Light Road north to the Impact Area
boundary),
· Palmer Road,
· New arterial and collector roadways within the Foothills region
that have forecast daily traffic volumes ofless than 18,000
vehicles.
Such designs should include the following:
· ADA (Americans With Disabilities Act) permitting, sidewalks and/or
pathways should meander and be separated from any roadway edge or
curb to allow for added pedestrian safety. Topography, trees, ditches
and/or similar features may limit the distance between sidewalks
and/or pathways and the roadway edge. Easements may be needed if
portions of the sidewalk and/or pathway are to be located outside of
the right-of-way.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
C. DISCUSSION:
· The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one
dwelling unit per two acres). The applicant is requesting annexation and rezone to R-E-DA
(Residential-Estates - up to one (1) dwelling unit per two (2) acres with a development
agreement) to facilitate a future parcel division.
· The applicant provided a draft development agreement, date stamped by the City on May 5,
2009, with Conditions of Development allowing 1) the single family located on the site to
remain on the existing well and septic system, 2) a sidewalk to not be required adjacent to
Meridian Road, 3) the strip of land containing the irrigation ditch located adjacent to the north
boundary to be part of the annexation, but may not be considered as part of a future parcel
division, and 4) the agreement will not include any conditions of approval from Ada County
Highway District.
o Within the justification letter, date stamped by the City on May 5, 2009, the
applicant's representative indicated that sewer and water are not readily available to
this subdivision. It goes on to state that due to the size of the new lot to be created (2
acres), a private well and individual septic system may be utilized. First, the applicant
is requesting the rezone to facilitate a future parcel division. Although a parcel
division is allowed pursuant to Eagle City Code, Title 9, Subdivisions, it should be
noted a parcel division is not a subdivision. Secondly, United Water Company of
Idaho has indicated that a twelve inch (12") water line is located within Meridian
Road which fronts this property therefore the property can be served by central water.
The applicant acknowledges the presence of a United Water line within their
submitted draft development agreement, Condition of Development No. 2.1, which
states: "Existing Well, the existing single family dwelling can remain on the existing
domestic well unless the well was to fail. Any new dwellings must hook-up to United
Water at the time of Building Permit for the new dwelling. " If the applicant is not
willing to connect the existing dwelling to public water at this time the applicant
should be required to provide a stub-out for public water to the existing home prior to
the City Clerk signing a parcel division record of survey.
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o Within the draft development agreement provided by the applicant, Condition of
Development No. 2.2 states: "Sewer, the existing single family dwelling can remain
on the existing individual septic. Any new dwelling must hook-up to Eagle Sewer
District if a sewer line is reasonably available at the time of Building Permit for the
new dwelling." Condition of Development No. 2.2, should also contain language
similar to Condition of Development No. 2.1, requiring that should the septic system
serving the existing single-family dwelling fail, the home owner should be required to
hook-up to Eagle Sewer District facilities contingent upon those facilities being
available.
o Within the applicant's draft development agreement, Condition of Development No.
2.3 states: "Sidewalk, a sidewalk along the frontage of Meridian Road shall not be
required as part of this agreement. " The site contains a few mature trees which are
located between the existing single family dwelling and Meridian Road. There are no
trees located adjacent to Meridian Road on the portion of the site which may be split
from the area where the existing single family dwelling is located. A sidewalk was not
required as part of the approval for Canterbury Subdivision which is adjacent to this
property to the north, however a sidewalk is located adjacent to Cavallo Subdivision
on the west side of N. Meridian Road across from this site. The sidewalk continues
north from Cavallo Subdivision zoned R-E (Residential Estates up to one unit per two
acres) across the front of the adjoining property (known as the Harrison property)
which is also zoned R-E-DA (Residential-Estates up to one unit per two (2) acres with
a development agreement) and was recently split through the approval of a parcel
division. A Condition of Development within the Harrison' development agreement
was that a sidewalk be constructed prior to the City Clerk signing a parcel division for
that property. The annexation and rezone of the Harris' (subject) property is to
facilitate a future parcel division. The adjacent property south of this site may be
developed in the future and a sidewalk may be required as part of that approval. In this
area, the city has continually required the construction of sidewalks along Meridian
Road, and any breaks in the ongoing connectivity will not serve in the best interests of
the city. Prior to the redevelopment of this site, whether it is through a parcel division
or subdivision approval, the applicant should be required to construct a sidewalk
adjacent to North Meridian Road prior to the City Clerk signing a parcel division
record of surveyor a subdivision final plat. The applicant should provide a site plan
showing a meandering, detached five foot (5') wide concrete sidewalk (meeting ADA
standards) located no closer than eighteen feet (18') from the centerline of North
Meridian Road. The applicant should construct the sidewalk prior to the City Clerk
signing a parcel division record of survey. If the applicant locates any portion of the
sidewalk outside of the public right of way, the applicant should provide to the City
the recorded easement granting public use and access on the portions of the sidewalk
located outside of the public right of way.
o Within the applicant's draft development agreement, Condition of Development No.
204 states: "Irrigation Ditch, the strip of land located along the north boundary of the
property that contains the existing irrigation ditch has been included as part of the
annexation application, but may not be considered part of any future parcel division
until owned by applicant." The application and legal description references and
describes a piece of property located north of the Harris' property which contains an
irrigation ditch. As of this date it is unknown who owns the parcel. The applicant is
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requesting the City to annex and rezone this property similar to the process of
annexing and rezoning a public right-of-way. Until it is determined whether the
property is public or privately owned staff is not supportive of annexing and rezoning
the property at this time. Due to the fact the owner of the adjacent property where the
irrigation ditch is located is unknown, it is impossible to make those owners a party of
the development agreement. Staff recommends that only the property currently owned
by the applicant be annexed and rezoned. Upon the applicant gaining ownership of the
aforementioned property they may then apply for annexation and rezone of that parcel.
o Within the applicant's draft development agreement, Condition of Development No.
2.5, states: "ACHD, this agreement does not include any conditions of approval from
Ada County Highway District. " It should be noted that the City of Eagle does not
have the authority to waive conditions of approval which ACHD places on
development applications. Therefore staff does not recommend the applicant's
requested Condition of Development No. 2.5 be placed in the development agreement.
· 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 R-E-DA (Residential-Estates - up to one (1) unit
per two (2) acres with a development agreement) is consistent with the designation as
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, to serve all uses allowed on this property under the proposed
zone;
c. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the R-E (Residential-
Estates - up to one unit per two acres) zone and land use to the north since that area is
developed as a residential subdivision in a similar manner as this property may be
developed, and;
d. The proposed zoning designation ofR-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the RUT (Residential-
Urban Transition - Ada County designation) zone and land use to the south since that
area could be developed with lots of similar size in the same manner at a later date;
e. The proposed zoning designation ofR-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the R-E (Residential-
Estates - up to one unit per two acres) zone and land use to the west since that area is
developed as a residential subdivision in a similar manner as this property may be
developed, and;
f. The proposed zoning designation ofR-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the RUT (Residential-
Urban Transition - Ada County designation) zone and land use to the east since that
area may be developed in a similar manner in the future;
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 the conditions
to be placed within the development agreement are achieved.
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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 from RUT (Rural-Urban Transition - Ada County Designation) to R-E-DA
(Residential-Estates one unit per two (2) acres with a development agreement) with the following
conditions to be placed within a development agreement:
3.1 The development shall not exceed one (1) unit per two (2) acres.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding a
parcel division, 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.
3.3 The Concept Plan (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.
304 Provide a revised site plan showing a meandering, detached five foot (5') wide concrete
sidewalk (meeting ADA standards), no closer than eighteen feet (18') from the centerline of
North Meridian Road. The site plan shall be reviewed and approved by Staff prior to
construction of the sidewalk. The applicant shall construct the sidewalk prior to the City
Clerk signing a parcel division record of survey. If the applicant locates any portion of the
sidewalk outside of the public right of way, the developer shall provide to the City the
recorded easement granting public use and access on the portions of the sidewalk located
outside of the public right of way.
3.5 The existing home may continue the use of the existing well and septic, however the
applicant shall provide a stub-out for public water and sewer service to the existing home for
connecting to central services in the event that either the well or septic system fail. The stub-
out lines shall be provided prior to the City Clerk signing the parcel division record of
survey.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 1,
2009, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION:
The Commission voted 4 to 0 (Tanner abstain) to recommend approval of A-02-09 and RZ-02-09
for an annexation and rezone from RUT (Rural-Urban Transition) to R-E-DA (Residential-Estates
- up to one (1) dwelling unit per two (2) acres with a development agreement) for Terry L. and
Nancy Harris with the following staff recommended conditions to be placed within a development
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agreement:
3.1 The development shall not exceed one (1) unit per two (2) acres.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding a
parcel division, 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.
3.3 The Concept Plan (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.
304 Provide a revised site plan showing a meandering, detached five foot (5') wide concrete
sidewalk (meeting ADA standards), no closer than eighteen feet (18') from the centerline of
North Meridian Road. The site plan shall be reviewed and approved by Staff prior to
construction of the sidewalk. The applicant shall construct the sidewalk prior to the City
Clerk signing a parcel division record of survey. If the applicant locates any portion of the
sidewalk outside of the public right of way, the developer shall provide to the City the
recorded easement granting public use and access on the portions of the sidewalk located
outside of the public right of way.
3.5 The existing home may continue the use of the existing well and septic, however the
applicant shall provide a stub-out for public water and sewer service to the existing home for
connecting to central services in the event that either the well or septic system fail. The stub-
out lines shall be provided prior to the City Clerk signing the parcel division record of
survey.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held onsite at 6:15 PM, Wednesday, November 19, 2008, on site 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 4,2009.
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 20, 2009. 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 13, 2009. The site was posted in accordance
with the Eagle City Code on April 24, 2009. Requests for agencies' reviews were transmitted on
March 5, 2009, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-02-09)
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 ofR-E-DA (Residential-Estates - up to one (1) unit
per two (2) acres with a development agreement) is consistent with the designation as
shown on the Comprehensive Plan Land Use Map;
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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, to serve all uses allowed on this property under the proposed
zone;
c. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the R-E (Residential-
Estates - up to one unit per two acres) zone and land use to the north since that area is
developed as a residential subdivision in a similar manner as this property may be
developed, and;
d. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the RUT (Residential-
Urban Transition - Ada County designation) zone and land use to the south since that
area could be developed with lots of similar size in the same manner at a later date;
e. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the R-E (Residential-
Estates - up to one unit per two acres) zone and land use to the west since that area is
developed as a residential subdivision in a similar manner as this property may be
developed, and;
f. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per
two-acres with a development agreement) is compatible with the RUT (Residential-
Urban Transition - Ada County designation) zone and land use to the east since that
area may be developed in a similar manner in the future;
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 the conditions
to be placed within the development agreement are achieved.
DA TED this 15th day of June, 2009.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ado:ai~J~ I
Gary Tanner, Chairman
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ATTEST:
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Sharon K. Bergmann, Eagle City CI rk
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