Findings - PZ - 2020 - RZ-12-08 MOD3 - Restore Community Church - 3633 W Floating Feather Rd Modify Church Site PlanBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A REZONE (DEVELOPMENT
AGREEMENT MODIFICATION) FOR
THE RESTORED COMMUNITY CHURCH
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-08 MOD3
The above -entitled rezone (development agreement modification) application came before the Eagle
Planning and Zoning Commission for their recommendation on July 20, 2020, 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:
Pastor Ben Harris, with the Restored Community Church, is requesting a development agreement
modification to the rezone development agreement associated with the previously approved Restored
Community Church. The request is to modify the site plan identified in the previously approved
Condition of Development 3.3 to add a 2800-square foot modular building intended to be used for
church kids on Sundays and a preschool to serve the community Monday through Friday. The 5.52-
acre site is located on the south side of West Floating Feather Road approximately 1000-feet east of
North Park Lane at 3633 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 3633 West Floating Feather Road, Eagle, at 6:00 PM, Saturday,
May 30, 2020, in compliance with the application submittal requirement of Eagle City Code. The
rezone (development agreement modification) request was received by the City of Eagle on February
26, 2020.
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 July 3, 2020.
Notice of this public hearing was mailed to property owners within fifteen hundred feet (1500-feet) of
the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on July 2, 2020. The site was posted in accordance with the Eagle City Code on July 6, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 26, 2005, the City Council made a recommendation to Ada County Board of County
Commissioners to approve a Conditional Use Permit and Master Site Plan for West Valley Baptist
Church (05-03-CU/05-04-MSP — Ada County application).
On March 10, 2009, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to A-R-DA (Agricultural -Residential — up to one (1) dwelling
unit per five (5) acres with a development agreement) for Abundant Life Baptist Church (A-06-08/RZ-
12-08).
On April 14, 2009, the City Council approved a design review application to convert a residential
dwelling to a church facility and construct a building addition for Abundant Life Baptist Church (DR -
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03-09).
On April 14, 2009, the City Council approved a design review application to allow one (1) monument
sign for the Abundant Life Baptist Church (DR-04-09).
On May 29, 2009, the development agreement associated with the project was executed by both parties
and subsequently recorded at the Ada County Recorders Office on June 2, 2009 (Instrument
# 109064085).
On January 24, 2012, the City Council approved a development agreement modification for Abundant
Life Baptist Church (RZ-12-08 MOD).
On March 13, 2012, the development agreement modification associated with the project was executed
by both parties and subsequently recorded at the Ada County Recorders Office on April 18, 2012
(Instrument # 112035884).
On February 13, 2018, the City Council approved a development agreement modification for Restored
Community Church (RZ-12-08 MOD2).
On February 23, 2018, the development agreement modification associated with the project was
executed by both parties and subsequently recorded at the Ada County Recorders Office on March 5,
2018 (Instrument #2018-019975).
On March 13, 2018, The City Council approved a modification of a design review application for a
building addition for Restored Community Church (DR-03-09 MOD).
On October 23, 2018, the City Council approved a design review application for a monument sign for
Restored Community Church (DR-46-18).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION
Existing Neighborhood
Residential
Proposed No Change
North of site Neighborhood
Residential
South of site Neighborhood
Residential Public
East ofsite Neighborhood
Residential
West of site
Neighborhood
Residential
DESIGNATION
A-R-DA (Agricultural -
Residential with a
development agreement)
No Change
R-E (Residential -Estates)
PS (Public/Semi-public)
R-3-DA (Residential with a
development agreement)
R-E-DA (Residential -Estates
with a development
agreement)
LAND USE
Church Facility
Addition of modular building
on site
Cavallo Estates Subdivision
School (Eagle High School)
Single-family
dwelling/Single-family
residential subdivision (Creek
Water Subdivision)
Single-family residential
subdivision (Eusterman
Subdivision)
F. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA.
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G. TOTAL ACREAGE OF SITE: 5.78-acres.
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, dated stamped by the City February 26, 2020, attached to the staff
report and incorporated herein by reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NONCONFORMING USES: None are apparent on the site.
K. PARKING ANALYSIS:
Gross Floor Area of Existing Office Building and Church: 5,279-square feet
Number of seats within the existing building: 154 seats
• Eagle City Code Section 8-4-5 requires 1 parking space per 5 seats:
Churches and other places of religious assembly —1/5 seats 154 seats/5 = 31 parking spaces
Proposed On -site Parking Spaces: 45 parking spaces (previously approved with DR-03-09 MOD)
Required Parking Spaces: 31 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Churches and other places of religious assembly")
Gross Floor Area of Proposed Modular Building: 2,800-square feet
• Eagle City Code Section 8-4-5 requires 3 parking spaces for the building:
Childcare — daycare center — 1/each classroom but not less than 9 for the building = 9 parking spaces
Proposed On -site Parking Spaces: 45 parking spaces (previously approved with DR-03-09 MOD)
Required Parking Spaces: 9 (calculated based upon the above use identified in Eagle City Code Section
8-4-5: "Childcare — daycare center")
Total required parking spaces: 40
Total proposed on -site parking spaces: 45 (previously approved with DR-03-09 MOD)
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING 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 November 15, 2017) designates this site as the
following:
Neighborhood Residential
Suitable for single-family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a
site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
Childcare/Daycare centers are allowed by Conditional Use within the A-R (Agricultural -
Residential) zoning designation.
Churches are allowed by Conditional Use within the A-R (Agricultural -Residential zoning
designation.
• Eagle City Code Section 8-10-1: DEVELOPMENT AGREEMENTS: Requirements and
Restrictions:
A. 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. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (recorded March 3, 2018, instrument #2018-019975)
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 Owner shall submit a design review application showing at a minimum: 1) proposed signage, 2)
planting details within the proposed and required landscape buffer areas adjacent to W. Floating
Feather Road, and the eastern and western boundaries, 3) detached sidewalk adjacent to W. Floating
Feather Road, 4) useable amenities such as picnic pavilion, structures associated with the
amphitheater, and storage building, and/or similar amenities, and 5) location of future building
expansions, new buildings, and associated parking area(s). The design review application shall be
reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
issuance of a building permit.
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 or be required. 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 and notice shall be provided as may be
required by the City.
3.4 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 Agricultural - Residential
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 A-R 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 A-R zoning designation shall require a conditional use
permit.
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The following use which is shown as "C" conditional use under the A-R zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a permitted use
on the Property. A separate application shall be submitted for a conditional use permit for a height
exception.
• Church
3.5 The existing church facility may continue to be served by the potable well located on site. Prior to
construction of the addition to the existing church facility (planned 2,802 square -foot addition to
the existing 2,622 square foot existing building) Owner shall provide a fire hydrant (utilizing
potable water from a central water system) located in proximity to the existing church facility. The
existing church facility may be served by the septic system until such time the existing church
facility is expanded at which time the existing church facility (and addition) shall be connected to
central sewer. Owner shall be required to provide a sewer permit with the building permit
application for the addition to the existing church facility. A certificate of occupancy for the
addition to the existing church facility will not be issued prior to Owner providing a fire hydrant
internal to the site and connecting the existing church facility (and addition) to central sewer.
3.6 Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to issuance of a zoning certificate for the church facilities.
3.7 Should the Owner alter the location of the existing irrigation ditch on the property the applicant
shall comply with Idaho Code §42-1207: Change of Ditch, Canal, Lateral, Drain or Buried
Irrigation Conduit. The applicant shall provide correspondence from the respective irrigation
district or canal company approving any modification to the existing irrigation system prior to
receiving a zoning certificate for construction of proposed improvements.
D. DISCUSSION:
• The applicant is requesting a modification to the amended and restated development agreement
(Instrument #2018-019975) associated with RZ-12-08 and RZ-12-08 MOD2. The proposed 2,800-
square foot modular building is proposed to accommodate the growth of families with young
children within the church congregation. The modular building is proposed to be used for the
church children on Sundays. In addition, the modular is proposed to be used weekly Monday
through Friday for a new preschool to serve families residing within Eagle. The site currently
consists of a church, office, and storage building. The applicant is requesting the modification to
allow the following:
1) permit updated aerial view site layout plan to become the new concept plan;
2) future expansion of the church facility utilizing a 2800-square foot modular building;
3) permit the continued use of the existing well and septic for the church facility until such time
a new church facility is constructed;
4) permit the use of the premises and real property in the current condition for the church use
during the time the work outlined in the development agreement is being performed and
completed;
5) defer the right-of-way improvements (sidewalk, curb, and gutter) until a new church facility is
constructed on the northern portion of the property; and
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6) defer paving the driveway and parking areas, including any required landscaping until such
time the new church facility is constructed on the northern portion of the property.
Item #1
The applicant has provided an aerial view site layout, date stamped by the city on February 26,
2020, which identifies the proposed 2800-square foot modular building, the existing building,
office, existing gravel parking area, gravel parking lot and driveway, and a gravel driveway
providing access to the site. If approved by the City Council, the site layout plan may be utilized
as the updated concept plan.
Item #2
A previous modification to the development agreement (Instrument #2018-019975) was approved
to permit a worship center addition to the existing church facility. This request is to permit a
modular building to be added to the existing church site. The condition should include requirements
to permit the modular building temporarily until a new church facility is constructed on the northern
portion of the property.
Item #3
The applicant's narrative, date stamped by the City on February 26, 2020, states that a 2,800-square
foot modular building will meet the current needs of the growing church. The modular building
will require design review approval. The modular building as shown on the aerial view site layout
will include:
1) General location of the future modular building, associated parking area, landscaping near the
building, and exterior building elevations showing colors and materials.
As identified in Item #2 above, the applicant is requesting to permit a modular building to be added
to the existing church site. The proposed modular building should be identified in the development
agreement and should require design review approval. The applicant should provide a plan showing
the proposed location of the modular building and a generalized timeframe for the completion of
those future improvements.
Items #4-6
The existing church building is currently served by a potable well and the church building addition
is connected to central water. The existing church building and building addition are both connected
to central sewer. The applicant has installed a fire hydrant on site which is located on the east side
of the driveway north of the parking area, as was required by the Eagle Fire Department for the
church building addition (RZ-12-08 MOD2 and DR-03-09 MOD). Prior to construction of a new
church facility on the northern portion of the property, the applicant should connect the existing
and new church facilities to central water and sewer. The applicant should be required to remove
the modular building within sixty days (60) after a certificate of occupancy is issued for the new
church facility on the northern portion of the property.
The Amended and Restated Development Agreement should contain a condition of development
which states, "The existing church facility may continue to be served by the potable well located
on site until the time of construction of a new church facility on the northern portion of the property.
At that time the Owner shall provide central water and sewer to the existing and newly constructed
church facilities. After construction of the new church facility on the northern portion of the
property and a certificate of occupancy is issued, the Owner shall be required to remove the modular
building within sixty (60) days."
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• Three conditions of development were omitted in error to the previously amended and restated
development agreement (Instrument #2018-019975) associated with RZ-12-08 and RZ-12-08
MOD2 at the time of execution. The three conditions of development should be included with this
modified development agreement. The conditions of development are as follows:
3.8 All outdoor events shall comply with Eagle City Code Section 4-9 Loud Amplification
Devices: Noise Ordinance.
3.9 The required improvements (i.e. curb, gutter, detached sidewalk, etc.) located adjacent to
West Floating Feather Road may be deferred until a new church is constructed within the
northern half of the Property.
3.10 The access driveway and parking areas associated with existing church facility shall be
improved with a gravel all-weather surface material. The access driveway and parking areas
shall be reviewed and approved by the Eagle Fire Department prior to issuance of a certificate
of occupancy for any future expansion of the existing church facility. The gravel all-weather
surface is only approved for the expansion of the existing church facility. Should the Owner
terminate the agricultural use occurring within the northern half of the Property, the Owner
shall pave the access driveway and parking areas, located internal to the Property within one
(1) year of the termination of the agricultural use.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the development agreement modification, then staff recommends the
conditions of development be placed within a Second Amended and Restated Development Agreement as
provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 20,
2020, at which time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who indicated that traffic increases naturally
with community growth.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual who indicated she was concerned about traffic related to the use of a modular
building for a preschool.
COMMISSION DELIBERATION: (Granicus time 2:27:56)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The Commission supports the development agreement modification to include a modular building.
COMMISSION DECISION:
The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of RZ-12-08 MOD3 for a
development agreement modification to the rezone development agreement associated with the previously
approved Restored Community Church, with the following staff recommended conditions of development
to be placed within a Second Amended and Restated Development Agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
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made except as otherwise provided within this Agreement.
3.2 Owner shall submit a design review application showing at a minimum: 1) proposed signage, 2)
planting details within the proposed and required landscape buffer areas adjacent to W. Floating
Feather Road, and the eastern and western boundaries, 3) detached sidewalk adjacent to W. Floating
Feather Road, 4) useable amenities such as picnic pavilion, structures associated with the
amphitheater, and storage building, and/or similar amenities, and 5) location of future building
expansions, new buildings, modular buildings, and associated parking area(s). The design review
application shall be reviewed and approved by the Eagle Design Review Board and Eagle City
Council prior to the issuance of a building permit.
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 or be required. 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 and notice shall be provided as may be required
by the City.
3.4 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 Agricultural - Residential
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 A-R 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 A-R zoning designation shall require a conditional use
permit.
The following use which is shown as "C" conditional use under the A-R zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a permitted use
on the Property. A separate application shall be submitted for a conditional use permit for a height
exception.
• Church
3.5 The existing church facility may continue to be served by the potable well located on site until the
time of construction of a new church facility on the northern portion of the property. At this time the
Owner shall provide central water and sewer to the existing and newly constructed church facilities.
After construction of the new church facility on the northern portion of the property and a certificate
of occupancy is issued, the Owner shall be required to remove the modular building within sixty (60)
days.
3.6 Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to issuance of a zoning certificate for the church facilities.
3.7 Should the Owner alter the location of the existing irrigation ditch on the property the applicant shall
comply with Idaho Code §42-1207: Change of Ditch, Canal, Lateral, Drain or Buried Irrigation
Conduit. The applicant shall provide correspondence from the respective irrigation district or canal
company approving any modification to the existing irrigation system prior to receiving a zoning
certificate for construction of proposed improvements.
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3.8 All outdoor events shall comply with Eagle City Code Section 4-9 Loud Amplification Devices:
Noise Ordinance.
3.9 The required improvements (i.e. curb, gutter, detached sidewalk, etc.) located adjacent to West
Floating Feather Road may be deferred until a new church is constructed within the northern half of
the Property.
3.10 The access driveway and parking areas associated with existing church facility shall be improved
with a gravel all-weather surface material. The access driveway and parking areas shall be reviewed
and approved by the Eagle Fire Department. The gravel all-weather surface is only approved for the
previously approved expansion of the existing church facility approved by the Eagle City Council on
January 9, 2018, (RZ-12-08 MOD2). Should the Owner terminate the agricultural use occurring
within the northern half of the Property, the Owner shall pave the access driveway and parking areas,
located internal to the Property within one (1) year of the termination of the agricultural use.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-12-08
MOD3) 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 A-R-DA (Agricultural -Residential with a development
agreement) is consistent with the Agricultural -Residential 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
any and all uses allowed on this property under the proposed zone;
c. The A-R-DA (Agricultural -Residential) zone has previously been determined to be compatible with
the R-E (Residential -Estate — up to one (1) unit per two (2) acres) zone and land use to the north
since the residential subdivision located north of this property is separated by W. Floating Feather
Road and a landscaped berm adjacent to the road;
d. The proposed A-R-DA (Agricultural with development agreement) zone is compatible with the PS
(Public/Semi-Public) zone and land use to the south since Eagle High School is located in this area
and the high school sports fields are located adjacent to this church property;
e. The proposed A-R-DA (Agricultural -Residential with development agreement) zone is compatible
with the R-3-DA (Residential with a development agreement) zone and land use to the east since
the Comprehensive Plan designates that area as Transitional Residential and the applicant will be
required to provide a buffer to the existing residential uses;
f. The proposed A-R-DA (Agricultural -Residential with a development agreement) zone is
compatible with the R-E-DA (Residential -Estates with a development agreement) zone and land
use to the west since the Comprehensive Plan designates that area as Neighborhood Residential
and that area contains two residences and the applicant will be required to provide a buffer to the
residential uses;
The land proposed for modification to the development agreement is not located within a "Hazard
Area" and "Special Area" as described within the Comprehensive Plan; and
h. No nonconforming uses are expected to be created with this modification to the development
agreement since the proposed modular building will be required to be approved by the City Council.
g•
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DATED this 3rd day of August, 2020.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
z)
Trent Wright, Chai
ATTEST:
Sharon . Bergmann, Eagle City Clerk
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