Findings - CC - 2015 - RZ-24-06MOD5 - Mod To Da Inst#2014-072476/1650 E Riverside Dr.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A MODIFICATION TO THE REZONE WITH
DEVELOPMENT AGREEMENT ASSOCIATED
WITH THE TENNIS CLUB PLAZA SUBDIVISION
FOR PACIFIC WEST COMMUNITIES, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ -24 -06 MOD5
The above - entitled rezone with development agreement modification application came before the Eagle
City Council for their decision on July 14, 2015. 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:
Pacific West Communities, Inc., represented by John Rennison, is requesting a modification to the
rezone development agreement (Instrument #2014 - 072476) associated with the approved Tennis
Club Plaza Subdivision. The 15.77 -acre site is generally located on the southeast corner of State
Highway 44 and S. Edgewood Lane at 1650 East Riverside Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 11, 2015.
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
June 29, 2015. 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 26, 2015. The site was posted in accordance with the
Eagle City Code on June 30, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2007, the City Council approved an annexation and rezone from RUT (Rural Urban
Transition — Ada County designation) and MU (Mixed Use) to MU -DA (Mixed Use with
Development Agreement) for Cornerstone Group, LLC (A- 1 8-06/RZ-24-06).
On July 24, 2007, the City Council approved a preliminary plat for Eagle Gateway South
Subdivision for Cornerstone Group, LLC (PP- 21 -06).
On October 16, 2007, the City Council approved a design review for the common area landscaping
for Eagle Gateway South Subdivision for Cornerstone Group, LLC (DR- 33 -07).
On June 10, 2008, the City Council approved a modification to the development agreement to
change a "Hotel' use (shown as "C" conditional use under the MU zoning designation within
Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations ") to a permitted use on
the property associated with Eagle Gateway Subdivision for Eagle Gateway South, LLC (RZ -24-
06 MOD).
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On September 23, 2008, the City Council approved a modification to the development agreement
and associated exhibits within the development agreement to allow for an overall building height
of 39 -feet, decorative parapet walls of 46 -feet, entrance parapet height of 48 -feet, and an entryway
feature height of 58 -feet. The modification also approved a digital reader board not to exceed two
hundred square (200) feet (RZ -24 -06 MOD2).
On July 28, 2008, the City Council approved a parcel division for Cornerstone Group, LLC (PD-
02-08).
On September 23, 2008, the City Council approved a modification to the development agreement
for a building height exception and allow for a digital reader board associated with a movie theater
(RZ -24 -06 MOD2).
On October 7, 2008, the City Council approved a design review application for a movie theater for
Riverwood Cinemas for Ogden Entertainment (DR- 54 -08).
On June 25, 2013, the City Council approved a modification to the development agreement and
associated exhibits within the development agreement to allow for a Commercial Entertainment
Facility (Tennis and outdoor recreational facility), Nursing/Convalescent Home, and a building
height exception for the tennis facility not to exceed 45 -feet in height and a height exception for a
hotel to not exceed 60 -feet in height (RZ -24 -06 MODS).
On June 27, 2013, the Design Review Board approved a design review application for a
commercial entertainment facility for the Eagle Tennis Facility (DR- 19 -13).
On November 12, 2013, the City Council approved a development agreement modification and
preliminary plat for Renovare Subdivision (RZ -24 -06 MOD4/PP- 03 -12).
On January 9, 2014, the Design Review Board remanded the design review application to modify
a commercial entertainment facility for the Eagle Tennis Facility to staff (DR -19 -13 MOD).
On January 28, 2014, the City Council approved a preliminary plat application for Tennis Club
Plaza Subdivision (PP- 13 -13).
On March 27, 2014, the Design Review Board approved a design review application to modify a
commercial entertainment facility for the Eagle Tennis Facility (DR -19 -13 MOD2).
On June 25, 2015, the Design Review Board approved a design review application to modify a
commercial entertainment facility for the Eagle Tennis Facility (DR -19 -13 MOD3).
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. SITE DATA:
Total Acreage of Site — 15.77 -acres
Total Number of Lots — 7
Residential — 0
Commercial — 7
Industrial — 0
Common — 0
Total Acreage of Any Out - Parcels — none
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON - CONFORMING USES: None are apparent on the site.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use and Scenic
MU -DA (Mixed Use with a
Mixed use development
Corridor overlay
development agreement [in
including commercial,
lieu of a PUD])
retail.
Proposed
No Change
No Change
Reduce the setback
associated with interior side
property lines and allow for
a restaurant (with drive
through)
North of site
Business Park
BP (Business Park)
State Highway 44 and a
vacant parcel
South of site
Mixed Use
MU -DA (Mixed Use with a
Renovare Subdivision
development agreement [in
(residential)
lieu of a PUD])
East of site
Mixed Use and Scenic
MU (Mixed Use)
Pasture and Ancona
Corridor overlay
Business Park
West of site
Mixed Use and Scenic
MU -DA (Mixed Use with a
Lonesome Dove
Corridor overlay
development agreement [in
Subdivision
lieu of a PUD])
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
G. SITE DATA:
Total Acreage of Site — 15.77 -acres
Total Number of Lots — 7
Residential — 0
Commercial — 7
Industrial — 0
Common — 0
Total Acreage of Any Out - Parcels — none
H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION:
See applicant's justification letter attached to the staff report and incorporated herein by
reference.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
J. NON - CONFORMING USES: None are apparent on the site.
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K. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A- 18- 06/RZ -24-
06 and PP- 21 -06) and their correspondence is attached to the staff report and incorporated herein
by reference:
Ada County Highway District (Draft) date stamped by the City on April 10, 2007
Boise River Flood Control District No. 10
Central District Health (Annexation and Rezone comments)
Central District Health (Preliminary Plat comments)
Chevron Pipeline (Annexation and Rezone comments)
Chevron Pipeline (Preliminary Plat comments)
Department of Environmental Quality (Annexation and Rezone comments)
Department of Environmental Quality (Preliminary Plat comments)
Eagle Fire Department (Annexation and Rezone comments)
Eagle Fire Department (Preliminary Plat comments)
Eagle Sewer District
Idaho Department of Fish and Game
Idaho Department of Lands
Idaho Power Company
Idaho Transportation Department
Joint School District No. 2
L. LETTERS FROM THE PUBLIC: None received to date
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section, 8 -1 -2: Rules and Definitions:
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are
provided for compensation, including, among others, such uses as cafe, cafeteria, coffee shop,
lunchroom, tearoom, and dining room. Bars and microbreweries are allowed within restaurants,
whether operated by the restaurateur or by a separate entity, and shall be allowed under the same use
classification as the restaurant when operated within a restaurant.
• RESTAURANT WITH DRIVE- THROUGH: A restaurant, typically with indoor seating, which
includes drive -up window service for ordering food to go.
• Eagle City Code, Section 8 -2 -3 Schedule of District Use Regulations:
Restaurant (with drive- through) is a prohibited use in the MU (Mixed Use) zoning district.
• Eagle City Code, Section 8 -2 -4 Schedule of Building Height and Lot Area Regulations for the MU
(Mixed Use) zone:
Zoning
District
MU
Maximum
Front
Rear
Interior
Street
Maximum
Minimum Lot
Minimum
Height
Side
Side
Lot Covered
Area (Acres Or
Lot
Sq. Ft.) G And
Width I*
H*
35'
20'
20'
7.5'
20'
17,000
50'
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• Eagle City Code, Section 8 -6 -2: Effects of Other Zoning Provisions:
A. Whenever there is a conflict or difference between the provisions of this chapter and those of the other
chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter
shall be governed by the respective provisions found elsewhere in this title.
• Eagle City Code, Section 8 -6 -4: Uses Permitted:
All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten
percent (10 %) of the gross land area may be directed to other commercial, office, public and quasi -
public uses that are not allowed within the land use district; provided, that there is a favorable finding
by the council:
A. That the uses are appropriate with the residential uses;
B. That the uses are intended to serve principally the residents of the PUD;
C. That the uses are planned as an integral part of the PUD;
D. That the uses be located and so designed as to provide direct access to a collector or an arterial
street without creating congestion or traffic hazards; and
E. That a minimum of fifty percent (50 %) of the residential development occurs prior to the
development of the related commercial or office land uses.
DISCUSSION:
The applicant is requesting modifications to the amended and restated development agreement
(Instrument #2014 - 072476) associated with RZ -24 -06 MOD4 for the Tennis Club Plaza Subdivision
to amend Article III, "Conditions on Development ". The requested modifications are as follows: 1) to
reduce the Mixed Use /Office/Retail Commercial Buildings — Interior Side Setback from 7.5 -feet (2-
story) / 12.5 -feet (3 -story) to 0.0 -feet 2) modify the permitted uses to allow "Restaurant (with drive -
through)" for not more than ten percent (10 %) of the gross land area of the subject property, and 3)
provide a revised concept plan.
• The applicant's request to reduce the interior side setback from 7.5 -feet (2 -story) / 12.5 -feet (3 -story)
to 0.0 -feet is consistent with the development of commercial buildings that are attached to each other
and have separate ownership. The proposal also allows for additional area be set aside for parking due
to the commercial buildings being attached. Staff will recommend that the interior lot lines associated
with the commercial area have a 0.0 -foot setback.
The applicant is requesting to permit restaurants (with drive- through) on up to ten percent (10 %) of the
site pursuant to the PUD code (Eagle City Code, Section 8 -6 -4 "Uses Permitted "). The applicant also
indicated within the provided narrative the intended drive through uses, such as coffee sales, will be
complimentary to other uses within the planned unit development (i.e. a coffee to go following a
morning tennis lesson). A coffee shop is defined as a restaurant pursuant to Eagle City Code.
Restaurants (with a drive - through) are a prohibited use within the MU (Mixed Use) zone. The
development agreement for this development was used in lieu of a planned unit development (PUD).
Development Agreements are a discretionary tool used by the Council as a condition of rezoning and
allow a specific product 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. Within a PUD, up to ten percent
(10 %) of the gross land area may be directed to other commercial, office, public and quasi - public uses
that are not allowed within the land use district, provided that there is a favorable finding by the City
Council. Staff supports the applicant's request to allow for a coffee shop (with a drive- through) to be
permitted on -site and believes the Council can make favorable findings pursuant to ECC 8 -6 -4 to
allow for this use. In regard to allowing an additional restaurant (with drive- through) on the subject site
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staff does not believe favorable findings (pursuant to Eagle City Code, Section 8 -6 -4) can be affirmed,
however, staff will defer this matter to the City Council. In regard to the drive through lane associated
with the coffee shop the drive through lane should be screened so that the headlights from vehicles
utilizing the drive through are screened from view. A new condition of development should be added
to the development agreement requiring that any building with a proposed drive- through should be
designed in such a way as to compliment the overall character of the development and design styles
exceeding the standard utilitarian look of a building with a drive - through should be required. The
applicant should also provide a minimum forty -eight inch (48 ") high berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination
thereof within the buffer area adjacent to the drive- through lane to reduce the impact of the vehicles
utilizing the drive - through lane (i.e. vehicle headlights and vehicle cueing).
The applicant submitted a revised concept plan date stamped by the City on June 11, 2015, showing
the two (2) proposed locations of the restaurants (with drive - through) adjacent to the western portion
of the site north of East Riverside Drive. Staff recommends that the applicant be required to provide a
revised Concept Plan showing one (1) coffee shop (with drive - through) located at the northwest corner
of the subject site. The revised Concept Plan should be included as an exhibit to the modified
development agreement. The parking requirements will be addressed with the design review
application for any proposed structures on the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based on the executed development agreement (Instrument #108055908) and the subsequently approved
development agreement modifications staff recommends approval of the following modifications to the
development agreement with strike through text to be deleted by staff and underline text to be added by
staff:
3.4 The Setbacks shall be as follows:
Multi- family:
Front 15 feet
Rear 20 feet
Interior Side 7.5 feet (2 -story) / 12.5 feet (3 -story)
Street Side 15 feet
Mixed Use /Office/ Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc. to encroach) (typ. at west
end of Riverside Drive near Edgewood and along Edgewood)
20 feet (typical unless noted otherwise)
Rear 10 feet
Interior Side 7.5 C et (2 story) / 12.5 feet (3 story) 0.0 -feet
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
Maximum Coverage: 60%
3.4.1 The building height of the tennis facility shall not exceed 45 -feet. The building height of a
hotel shall not exceed 60 -feet.
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3.6 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 Mixed Use 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 MU zoning designation within Eagle City Code Section
8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require a
conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," shall be permitted
uses on the Property:
■ Bar
■ Hotel
■ Retail Sales
■ Commercial Entertainment Facility (Tennis and outdoor recreational facility)
■ Nursing/Convalescent Home
■ Coffee Shop (with drive- through) to be located at the northwest corner of the Property.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Adult Business;
■ Automotive washing facility;
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
■ Nursery, plant materials;
■ Riding Academies /Stables;
■ Small Engine Repair;
■ Storage (fenced area);
3.21 Any building with a proposed drive - through shall be designed in such a way as to compliment the
overall character of the development and design styles exceeding the standard utilitarian look of a
building with a drive- through shall be required. The Owner shall also provide a minimum forty -eight
inch (48 ") high berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive -
through lane to reduce the impact of the vehicles utilizing the drive - through lane (i.e. vehicle
headlights and vehicle cueing).
PUBLIC HEARING OF THE COUNCIL:
A. The application came before the City Council on July 14, 2015, at which time public testimony was
taken and the public hearing was closed. The Council made their decision at that time.
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B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 3 to 0 (Butler absent) to approve RZ -24 -06 MOD5 for a modification to the Conditions
of Development and associated exhibits within the development agreement (Instrument #108055908)
associated with the site for Tennis Club Plaza Subdivision, with the following staff recommended text to
be added to the previously approved development agreement with strike through text to be deleted by the
Council and underline text to be added by the Council:
3.4 The Setbacks shall be as follows:
Multi - family:
Front 15 feet
Rear 20 feet
Interior Side 7.5 feet (2 -story) / 12.5 feet (3 -story)
Street Side 15 feet
Mixed Use /Office/ Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc. to encroach) (typ. at west
end of Riverside Drive near Edgewood and along Edgewood)
20 feet (typical unless noted otherwise)
Rear 10 feet
Interior Side 7.5 feet (2 story) 12.5 feet (3 ste 0.0 -feet
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
Maximum Coverage: 60%
3.4.1 The building height of the tennis facility shall not exceed 45 -feet. The building height of a
hotel shall not exceed 60 -feet.
3.6 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 Mixed Use 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 MU zoning designation within Eagle City Code Section
8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require a
conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," shall be permitted
uses on the Property:
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■ Bar
■ Hotel
■ Retail Sales
■ Commercial Entertainment Facility (Tennis and outdoor recreational facility)
■ Nursing/Convalescent Home
■ Coffee Shop (with drive - through) to be located at the northwest corner of the Property.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Adult Business;
■ Automotive washing facility;
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
■ Nursery, plant materials;
■ Riding Academies /Stables;
■ Small Engine Repair;
■ Storage (fenced area);
3.21 Any building with a proposed drive- through shall be designed in such a way as to compliment the
overall character of the development and design styles exceeding the standard utilitarian look of a
building with a drive - through shall be required. The Owner shall also provide a minimum forty -eight
inch (48 ") high berm, decorative block wall cultured stone decorative rock or similarly designed
concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive -
through lane to reduce the impact of the vehicles utilizing the drive - through lane (i.e. vehicle
headlights and vehicle cueing).
3.22 The development shall comply with Eagle City Code Title 4 Chapter 9 Loud Amplification
Devices; Noise Ordinance. Nothing within this development shall be construed to be exempt under
the provisions of Eagle City Code Section 4 -9 -6: Exemptions: (A through 1)
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 11, 2015.
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 June 29, 2015.
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 26, 2015. The site was posted in accordance with the Eagle City Code on June 30,
2015.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification (RZ-
24-06 M0135) 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:
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a) The requested zoning designation of MU -DA (Mixed Use with development agreement [in lieu of
a PUD]) zone is consistent with the Mixed 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 indicated 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 MU -DA (Mixed Use with Development Agreement [in lieu of a PUD]) zone is
compatible with the MU -DA (Mixed Use with a Development Agreement [in lieu of a PUD]) zone
and land uses to the south, east, and west since those areas have the same Comprehensive Plan
designation as this site, and are expected to be or are being developed in a similar manner as this
development.
d) The proposed MU -DA (Mixed Use with Development Agreement) zone is compatible with the BP
(Business Park) zone and land use to the north since this area is not developed and may be
developed in a similar manner as this development;
e) The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan. The site lies within the Boise River Floodplain area. The
development of the site will be required to meet the requirements of Eagle City Code, Title 10,
Flood Control or will be required to submit a LOMR (Letter of Map Revision) removing the site
from the floodplain pursuant to the regulations of FEMA (Federal Emergency Management
Administration) and Ada County; and
f) No non - conforming uses are expected to be created with this rezone.
DATED this 28th day of July, 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST: u •e •.
L
Sharon K. Bergmann, Eagle City Cler ••'•.,'�1q QF�O•`�,
'01#11220 vit
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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