Findings - PZ - 2009 - A-06-09 & RZ-07-09 - Rz From Rut To Re-Da/5 Acre/1980 & 1984 W. Floating Feather Rd
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION ]~
FOR AN ANNEXATION AND REZONE ]I
FROM RUT (RURAL-URBAN TRANSITION) ]I
TO R-E-DA (RESIDENTIAL-ESTATES ]I
WITH A DEVELOPMENT AGREEMENT) )
FOR CLARENCE AND CAROLYN STOCKSTILL ]I
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-09 & RZ-07-09
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on July 20, 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:
Clarence and Carolyn Stockstill represented by Karla Williams with MarKar Custom
Homes, LLC, 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 5.00-acre site is generally located
on the north side of W. Floating Feather Road approximately 220 feet east of N.
Ballantyne Lane at 1980 and 1984 W. Floating Feather Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, on Thursday, May 21, 2009, 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 June 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 June 29, 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 June 29, 2009. The site was posted in accordance with the Eagle City Code on
July 9, 2009. Requests for agencies' reviews were transmitted on June 15, 2009, in
accordance with the requirements ofthe Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: Parcel Division, File # PD-02-09
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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) dwellings/pasture
two (2) acres maximum)
Proposed No Change R-E-DA (Residential-Estates Two (2) - Single-family
up to one (1) unit per two (2) dwellings
acres with a development Future parcel division
agreement)
North of site Residential Estates (up to R-E (Residential-Estates up to Residential (Oakley Estates
one (1) dwelling unit per one (1) unit per two (2) Subdivision)
two (2) acres maximum) acres)
South of site Residential One (up to one R-l (Residential- up to one Residential (Lockwood
(1) dwelling unit per one unit per one (1) acre) Subdivision)
(1) acre maximum)
East of site Residential Estates (up to R-E (Residential-Estates up to Single-family dwelling
one (1) dwelling unit per one (1) unit per two (2)
two (2) acres maximum) acres)
West of site Residential Estates (up to R-E (Residential-Estates up to Residential (Oakley Estates
one (1) dwelling unit per one (1) unit per two (2) Subdivision)
two (2) acres maximum) acres)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: +/- 5-acres
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter date stamped by the City on June 4, 2009, provided by the
applicant.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See attached justification letter date stamped by the City on June 4, 2009, provided by the
applicant.
K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The two (2) existing homes on the site are served by individual well and septic systems.
The property has frontage to W. Floating Feather Road as well as W. Janet Court. The
narrative provided by the applicant and date stamped by the City on June 4, 2009,
indicated that Eagle Sewer District as well as United Water of Idaho both have service
lines located adjacent to Floating Feather Road. United Water ofIdaho also has a service
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line located adjacent to W. Janet Court.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - Yes - private pond is stocked with fish
Floodplain - No
Mature Trees - Yes - in proximity to the existing dwellings and the driveway access to W.
Floating Feather Road
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - Unknown
Unique Plant Life - Unknown
Unstable Soils - Unknown
Wildlife Habitat - Unknown
N. NON-CONFORMING USES:
There are currently two (2) residences, one (1) detached shop, and two (2) covered corrals
located on the property. The request for annexation and rezone is to facilitate a future
parcel division so the existing residences may be located on separate parcels. The
applicant submitted a parcel division application (PD-02-09) which shows the shop
located adjacent to the residence in proximity to W. Floating Feather Road to be located
within the rear yard setback should the parcel division be approved. The covered corrals
on the site will also be located within the respective rear yard setbacks should the parcel
division be approved.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District - Approving a "Driveway Approach Request ", to Janet
Court for the residence located at 1984 Floating Feather Road.
Ada County Highway District - Provided site specific conditions of approval the District
may require when it reviews afuture development application.
Central District Health Department - No objections to the proposal
Chevron Pipeline - No conflicts with the pipeline
Eagle Fire Department - No opposition to the annexation and rezone applications.
Idaho Transportation Department - No comment
Department of Environmental Quality - Recommends verifYing that there is adequate
water and sewer to serve the project.
Ringert Clark (representing Drainage District No.2) - Indicated that a drainage ditch and
easement runs through or abuts the property. The correspondence also indicated
required easement size and steps that may be taken prior to approval of any
encroachments, change of easement or drainage discharge into the District's facilities
occurs.
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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.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-1-2 defines Easement as:
Authorization by a property owner for the use by another, and for a specified purpose, of any
designated part of his property.
· Eagle City Code Section 8-1-2 defines Nonconforming Use as:
A building, structure or use of land existing at the time of enactment of this title, and which
does not conform to the regulations of the district in which it is situated.
· Eagle City Code Section 8-1-2 defines Setback Line as:
A line established by this title, generally parallel with and measured from the lot line, defining
the limits of a yard in which no building or structure may be located aboveground except as
may be provided herein.
· Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning
District
Maximum
Height
IFrontlIReM! m~ior
Side
1~~120'
Street
Side
Maximum
Lot Covered
Minimum Lot Area Minimum
(Acres Or Sq. Ft.) G Lot
And H* Width I*
111.8 acres 11100'
IR-E
1135'
1135'
1[20%
· Eagle City Code Section 8-3-5: Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses
shall be adhered to in addition to all other provisions of this title:
A. Accessory Building:
3. Accessory buildings one hundred twenty (120) square feet in area or larger shall comply
with the minimum setbacks as required in section 8-2-4 of this title and shall be limited to
a maximum height of twenty five feet (25').
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C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
D. 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 property is
an enclave surrounded by property located within the corporate limits of the city. The
applicant has also submitted a Parcel Division application to divide the +/- five (5)-
acre site into two (2) parcels, which are no less than 2.52-acres each. With the
proposed parcel division, staff believes the character of the area will not be changed
since the proposed parcel configuration is compatible to the surrounding development.
The maximum overall density of the project will not exceed .40-units per acre.
· The applicant provided correspondence, date stamped by the City on June 4, 2009,
requesting a development agreement to address several items one of which is
regarding structures that do not meet the city setback requirements. The applicant is
requesting that the setbacks for the existing structures located on the site be accepted
and documented as approved as part of this application. The required rear setback in
the R-E (Residential Estates one unit per two acres) zone is thirty feet (30') in width.
The Parcel Division Site Plan, date stamped by the City on June 4, 2009, shows the
proposed new property line dividing the property into two (2) separate parcels and
bisecting the property from east to west. The Parcel Division Site Plan shows three
(3) structures located within the proposed rear setbacks for both Parcel A and Parcel
B. Parcel A shows a covered corral located approximately 6.04 feet from the proposed
rear property line. Parcel B shows a shop located approximately 5.32 feet from the
proposed rear property line and a covered corral located 1.7 feet from the proposed
rear property line. The Parcel Division Site Plan shows the proposed new property
line dividing the property into two (2) separate parcels and bisecting the property from
east to west. The proposed line is straight in alignment with the northern and southern
boundary lines. The applicant should submit a revised Parcel Division Site Plan
showing the proposed new property line located approximately 28.3 feet further north
of its current location at the western property line then shift to the south approximately
twenty-four feet (24') in length east of the area labeled raised bed and continue east
from that point to the eastern property line. Should the aforementioned property line
be delineated as part of the parcel division approval all the structures would then meet
the required setbacks for the R-E (Residential Estates one unit per two acres) zone.
The applicant should provide a revised site plan showing all structures to be located
outside of the required setbacks for the R-E (Residential Estates one unit per two
acres) zone.
· The applicant's request for a development agreement also addresses the two (2)
existing wells serving the two (2) existing residences located on the property. The
narrative date stamped by the City on June 4, 2009, indicated that the applicant spoke
with Robert Jensen with United Water of Idaho and Mr. Jensen indicated there is a
twelve inch (12") water line on the north side of West Floating Feather Road and also
a water line located adjacent to West Janet Court north of the subject property. The
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applicant is requesting that the existing residences continue the use of the existing
wells until such time the well fails, should the well fail at the time the applicant would
be required to connect to a central potable water system.
· The applicant provided a narrative date stamped by the City on June 4, 2009, which
indicated that the property is located within the boundaries of the Eagle Sewer
District. Lynn Moser with Eagle Sewer District confirmed to the applicant that a
sewer line is located approximately eleven feet (11') deep adjacent to West Floating
Feather Road. Mr. Moser also confirmed that there is not a sewer line adjacent to
West Janet Court. The applicant is requesting that both homes be allowed to remain
on the existing septic systems and should the septic system fail on Parcel A (shown on
the site plan) that the owner be allowed to replace the existing septic system. Should
the septic system fail on Parcel B (shown on the site plan) the applicant should be
required to connect to central sewer.
· Ringert Law, representing Drainage District No. 2 provided correspondence date
stamped by the City on July 8, 2009, which indicated that Drainage District No.2 has
a drainage ditch and easement that runs through or abuts this property. Staff contacted
S. Bryce Farris with Ringert Law and determined the District has a drainage ditch
located on the north side of West Floating Feather Road. The drainage ditch located
on the Stockstill property has been tiled and is located under the existing asphalt
pathway. Staff will address the Drainage District NO.2 easement concerns during the
parcel division approval process.
· Ada County Highway District provided correspondence date stamped by the City on
July 9, 2009, which indicated the frontage along Floating Feather Road abutting the
site is part of the Vehicle Registration Fee (VERVE) sidewalk project currently being
designed to connect the existing sidewalk located at the west property line and
continue across the site's frontage east to the existing sidewalk constructed as part of
Corrente Bello Subdivision. Currently the right-of-way is twenty-three feet (23') in
width as measured from centerline abutting the site for Floating Feather Road. ACHD
is requesting a total of thirty-five feet (35') in width as measured from centerline be
dedicated for future right-of-way to facilitate the sidewalk project. This request will
require the applicant to dedicate an additional twelve feet (12') in width of easement
to allow for the sidewalk project to move forward. Ada County Highway District will
be replacing the existing pathway with a new sidewalk, at no expense to the applicant.
The applicant should provide a legal description and exhibit dedicating a sidewalk
easement twelve feet (12') in width adjacent to West Floating Feather Road to ACHD,
record the dedication with the Ada County Recorder, and reference the instrument
number of the recorded document on the Parcel Division Record of Survey prior to the
City Clerk signing the Parcel Division Record of Survey.
The applicant should provide a legal description and exhibit establishing utility
easements twelve feet (12') in width located adjacent to the sidewalk easement on W.
Floating Feather Road and also the W. Janet Court right-of-way, record the easements
with the Ada County Recorder, and reference the instrument number of the recorded
document on the Parcel Division Record of Survey prior to the City Clerk signing the
Parcel Division Record of Survey.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
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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.
3.4 The applicant shall provide a revised site plan showing all structures to be located outside of
the required setbacks of the R-E (Residential Estates one unit per two acres) zone.
3.5 The existing homes may continue the use of the existing potable wells and septic systems,
however the applicant shall provide a stub-out for central water and sewer service to the
existing home located on Parcel B for connecting to central services in the event that either
the well or septic system fail. The applicant shall provide a stub-out for central water to the
existing home on Parcel A, for connecting to central water in the event the potable well fails.
The stub-out lines shall be provided prior to the City Clerk signing the parcel division
record of survey.
3.6 Upon failure of a potable well the owner of the residential dwelling shall be required to
connect the respective residential dwelling to a central potable water system.
3.7 Applicant shall provide a legal description and exhibit dedicating a sidewalk easement
twelve feet (12') in width adjacent to West Floating Feather Road to ACHD, record the
dedication with the Ada County Recorder, and reference the instrument number of the
recorded document on the Parcel Division Record of Survey prior to the City Clerk signing
the Parcel Division Record of Survey.
3.8 Applicant shall provide a legal description and exhibit establishing utility easements twelve
feet (12') in width located adjacent to the aforementioned sidewalk easement on W. Floating
Feather Road and adjacent to the W. Janet Court right-of-way, record the easements with the
Ada County Recorder, and reference the instrument number of the recorded document on
the Parcel Division Record of Survey prior to the City Clerk signing the Parcel Division
Record of Survey.
PUBLIC HEARING OF THE COMMISSION:
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A. A public hearing on the application was held before the Planning and Zoning Commission on July
20, 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 (Smith absent) to recommend approval of A-06-09 and RZ-07-09
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 Clarence and
Carolyn Stockstill with the following staff recommended conditions to be placed within a
development agreement, with underline text to be added by the Commission and strikethrough text
to be deleted by the Commission:
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.
3.4 The applieaet shall proviae a revised site pIae showing all strnehIres to be loeated outside of
the required setbaeks of the R E (Residential Estates 0Re I:lRit per two aeres) Z0Re.
All structures currently existing on the site. as of June 4. 2009. are recognized as thev are in
their respective locations and which mav or mav not complv with the required minimum
setback requirements of the R-E zoning district as prescribed in Eagle City Code. This
recognition does not permit any further encroachments into said setbacks. No further
development shall be permitted. nor any building permits issued. until such time as a Parcel
Division. or subdivision. is approved and recorded at the Ada County Recorder. Anv Parcel
Division. or subdivision. shall comply in all respects with Eagle City Code.
3.5 The existing homes may continue the use of the existing potable wells and septic systems,
however the applicant shall provide a stub-out for central water and sewer service to the
existing home located OR Pareel Bat 1980 Floating Feather Road for connecting to central
services in the event that either the well or septic system fail. The applicant shall provide a
stub-out for central water to the existing home OR Pareel /\ at 1984 Floating Feather Road,
for connecting to central water in the event the potable well fails. The stub-out lines shall be
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provided prior to the City Clerk signing the parcel division record of survey.
3.6 Upon failure of a the potable well for either residential dwelling, the owner of the residential
dwelling shall be required to connect the respective residential dwelling to a central potable
water system.
3.7 Applicant shall provide a legal description and exhibit dedicating a sidewalk easement
twelve feet (12') in width adjacent to West Floating Feather Road to ACHD, record the
dedication with the Ada County Recorder, and reference the instrument number of the
recorded document on the Parcel Division Record of Survey prior to the City Clerk signing
the Parcel Division Record of Survey.
3.8 Applicant shall provide a legal description and exhibit establishing utility easements twelve
feet (12') in width located adjacent to the aforementioned sidewalk easement on W. Floating
Feather Road and adjacent to the W. Janet Court right-of-way, record the easements with the
Ada County Recorder, and reference the instrument number of the recorded document on
the Parcel Division Record of Survey prior to the City Clerk signing the Parcel Division
Record of Survey.
3.9 Subiect to the approval of the Idaho Department of Water Resources, the owner of the
dwelling located at 1984 Floating Feather Road may continue to utilize a well onlv for the
heat pump heating and cooling svstem serving the dwelling and after connecting to central
potable water services.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:30 PM, on Thursday, May 21,2009, 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 June 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 June 29, 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 June 29, 2009. The site was posted in
accordance with the Eagle City Code on July 9, 2009. Requests for agencies' reviews were
transmitted on June 15,2009, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-07-
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 of R-E-DA (Residential-Estates up to one (1) unit
per two (2) acres with a development agreement) is consistent with the land use
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 R-E-DA (Residential-Estates up to one (1) unit per two (2) acres with a
development agreement) is compatible with the R-E (Residential-Estates up to one (1)
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unit per two (2) acres) zone and land use to the north since that area is developed with
lot sizes and single-family dwellings in a manner similar to those that exist on the
subject parcel, and;
d. The proposed R-E-DA (Residential-Estates up to one (1) unit per two (2) acres with a
development agreement) is compatible with the R-l (Residential - up to one (1) unit
per one (1) acre) zone and land use to the south since that area is buffered from this
site by a minor arterial roadway, a canal, landscaping, and open areas, and;
e. The proposed R-E-DA (Residential-Estates up to one (1) unit per two (2) acres with a
development agreement) is compatible with the R-E (Residential-Estates up to one (1)
unit per two (2) acres) zone and land use to the west since that area is developed with
a single-family dwelling on a parcel sized in a manner similar to those that exist on the
subject parcel, and;
f. The proposed R-E-DA (Residential-Estates up to one (1) unit per two (2) acres with a
development agreement) is compatible with the R-E (Residential-Estates up to one (1)
unit per two (2) acres) zone and land use to the east since that area is developed with
single-family dwellings and parcels sized in a manner similar to that existing on the
subject parcel, and;
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. The annexation and
rezoning of this property will facilitate the opportunity to lessen the non-conformity of
the property through the application and approval of an abiding Parcel Division or
subdivision.
DATED this 3rd day of August 2009.
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