Findings - PZ - 2016 - A-04-16 & RZ-06-16 - A/Rz From Rut To Mu-Da/6.74 Acre/2755 W. State StreetIN THE MATTER OF
APPLICATION
FOR AN ANNEXATIONAND REZONE
FROM tTRANSITION)
TO I 1 USE WITH A
DEVELOPMENT 1'
RICHARD AND SHARON TERRY
1 i 1 i111111, 17 1
The above -entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on August 1, 2016, 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;
FINDIIAGSOF FACT:
PROJECT SUMMARY:
Richard and Sharon Terry, represented by Kirsti Grabo with KM Engineering, LLP, are requesting
an annexation and a rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -
DA (Mixed Use with a development agreement). The 6.74 -acre site is generally located on the
south side of State Highway 44, approximately 1,380 -feet west of the intersection of West State
Street and State Highway 44 at 2755 West State Street.
A Neighborhood Meeting was held at 6:00 PM, on Thursday, May, 19, 2016, at the Eagle Public
Library 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 16, 2016.
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 July 11, 2016. 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 July 8, 2016. The site was posted in
accordance with the Eagle City Code on July 11, 2016- Requests for agencies' reviews were
transmitted on June 21, 2016, in accordance with the requirements of the Eagle City Code.
PD -02-16 A parcel division application to allow for the property to be split into to two (2)
separate parcels.
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Ila V±;/. -M P,T. rypzi'.duc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 6.74 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated June 16, 2016 (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justcation letter dated June 16, 2016 (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
I F.1 we] 0 &J 0 0 ;4 a M74 9 11 9
Areas of Critical Environmental Concern - Yes – Floodway area located adjacent to the Boise
River.
Evidence of Erosion – None
Fish Habitat –No
Floodplain – Yes – Floodway located on the southern 60 -feet (approximately) of the site.
Mature Trees – Yes – Located in proximity to the existing dwelling and accessory structures and
the southern property line.
Riparian Vegetation – Yes – Located adjacent to the slough at the southern property line.
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COMP PLAN
ZONING
DESIGNATION ----------------
Existing
Business Park
RUT (Rural Urban Transition -
Single-family dwelling
Ada County designation)
----------------------------- ---------------
---------------- ----------------------
oil Is
MU -DA (Mixed Use with a
Parcel Division
Development Agreement) J
North of site
Residential One
RUT (Rural Urban Transition -
Single-family
Ada County designation)
dwelling/agriculture
- — -
South l
1 1
PS (Publ i c/Semi public)
- ---------------------
Boise River and Eagle
- - - -
Island State Park
- - - -
---------- ---------
East of site
Business Park
RUT (Rural Urban Transition -
---- --- - -------------- -
Single-family dwelling
Ada-Cou-n-ty designation)
Business Park
A -R (Agricultural -Residential)
Single-family dwelling
RUT (Rural Urban Transition -
-----Ada-
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 6.74 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter dated June 16, 2016 (attached to the staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justcation letter dated June 16, 2016 (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
I F.1 we] 0 &J 0 0 ;4 a M74 9 11 9
Areas of Critical Environmental Concern - Yes – Floodway area located adjacent to the Boise
River.
Evidence of Erosion – None
Fish Habitat –No
Floodplain – Yes – Floodway located on the southern 60 -feet (approximately) of the site.
Mature Trees – Yes – Located in proximity to the existing dwelling and accessory structures and
the southern property line.
Riparian Vegetation – Yes – Located adjacent to the slough at the southern property line.
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Steep Slopes No
Stream/Creek, No
Unique Animal Life Unknown
Unique Plant Life Unknown
Unstable Soils -- No
Wildlife Habitat No
N. NON -CONFORMING USES:
The applicant is requesting that the existing single-family dwelling continue to be served by an
existing individual well and septic system. A Condition of Development will be placed in the
development agreement indicating that in the event the individual well or septic system fail the
applicant will be required to connect to central services.
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
Eagle Fire Department
Eagle Sewer District
Republic Services
Tesoro Logistics NW Pipeline
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 February 10, 2015), designates this site as the
following:
Business Park
Suitable primarily for the development of technical park/research and development facilities,
offices and office complexes, and limited manufacturing activities, including small-scale
production, distribution, and storage of goods. Support activities may also be permitted.
All development within this land use shall be designed to be within a landscaped setting and be
free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Such
development should be operated entirely within enclosed structures and generate minimal
industrial traffic. Development within this land use designation should be required to proceed
through the PUD process.
Floodway
Management Administrati
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also, the
floodway areas shall not be considered as a part of the minimum area of open space required (as
required within the zoning ordinance) unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calcul iting Q.: d. residential densities. Anv no o....
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of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An- 4;ra§a� fvsigt-r&&,vrt-r& tkanr&t W
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
Table 6.2 Zoning Compatibility Matrix
The Zoning Compatibility Matrix shows the MU (Mixed Use) zoning district as being compatible
with the Business Park land use designation.
6.5 Land Use Implementation Strategies
C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation
corridors, will lend themselves to increased activity and non-residential use while preserving
larger areas as residential neighborhoods.
E. Identify areas that will provide signcant employment opportunities to the residents of the
City of Eagle, thereby supporting the City as a desirable place to live, work, and recreate.
6.6 Land Use Implementation Strategies
F. Encourage the development of technical park/researcb and development facilities, offices and
office complexes, and limited manufacturing activities.
P. Encourage the development of env iron mentally -friendly technical park/research and
development facilities, offices and office complexes, and limited manufacturing activities.
6.8.11 SH -44 and Ballantyne Planning Area
The SH -44 and Ballantyne Planning Area is located south of SH -44 between the signalized
intersection at SH -44 and Ballantyne Road and the signalized intersection at SH -44 and Eagle
Island State Park (Fisher Park Way). The planning area is designated as Business Park and Mixed
Use to accommodate a growing technical industry, commercial uses, and residential uses within
the City and valley, to provide employment options for City residents, and as a recognition of the
impacts of the regional transportation network and neighboring land uses (sewage treatment plant
and state park) in the area.
A. Uses
The land use and development policies specific to the SH -44 and Ballantyne Planning
Area include the following:
1. The area is to be developed as a mixed use node with business/technical park,
residential, commercial, and limited ancillary uses.
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2. The area should be designed to capitalize on the Boise River by providing trails and
open space throughout the area and ensuring public access to the river.
3. The area should be designed to provide sufficient space for corporate headquarters,
emerging technical uses, integrated with commercial uses, and residential uses in a
park -like setting.
4. This area is intended to serve as a unique location for business and technical uses
within the City of Eagle to encourage the location of clean industry into the City while
buffering between the Eagle Sewer District Sewer Treatment facty to the cast and
Eagle Island State Park to the west.
5. Commercial uses may be considered as complementary uses which should not exceed
10% of the total land area of SHA4 and Ballantyne Planning Area. Commercial uses
are intended to be complementary to the business and technical uses in the planning
area and serve as a buffer between the residential uses and SH -44. Strip commercial
uses should be discouraged. Highway -oriented uses should be strategically placed at
signalized intersections and designed to accommodate the goals of the Scenic
Corridor.
6. The area north of the Boise River should be improved with pathways and other
amenities to encourage active recreation and passive enjoyment of the river and
riparian area.
7. All uses in the planning area should be designed with consistent architecture, design,
and signage as well as community design and art elements to create a campus feel
throughout the business and commercial area.
8. Residential uses (including single family, livelwork, condos, and tempor-ary/corporate
housing) should be considered as complementary uses in this area and should be
scaled and designed to be pedestrian -friendly to establish a village feel along collector
roadways.
9. Public access should be maintained to provide residents, business.. and commercial
employees., and guest access to the greenbelt and river, similar to the access provided
in the Eagle River Area.
B Access
1. Access to the SH44 and Ballantyne Planning Area will be from the signalized
intersections of SH -44 at Ballantyne Road and SH -44 and Eagle Island State Park
(Fisher Park Way). Any approved highway -oriented uses should be strategically
located at the immediate intersections.
2. All access should be reviewed for compliance with the State Street/SH44 corridor
management plan.
3. A new internal collector parallel to SH -44 should be built at the time of development
to move traffic within the area. All single -parcel access points to the State Highway
should be eli mi nated/consoli dated during the development process.
4. A pathway and trails network should be encouraged to provide pedestrian access
along the Boise River connecting the SH -44 and Ballantyne Planning Area to the
existing City pathway system.
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C. Design
1. All commercial uses in the planning area should be designed to fit into a park -like
setting appropriately scaled so as to complement and not overpower the business and
residential uses.
2. The area should be developed with consistent and complementary architecture, design,
and signage to enhance the small pedestrian -friendly mixed use feel.
3. The design should capitalize on the extension of Old Valley Road and bring activities
and uses closer to the collector road, creating a pedestrian -friendly area that
encourages pedestrian circulation from the greenbelt and the residential areas, while
also servicing auto traffic.
The planning area should be designed to be internally focused, providing the ability to
capture or collect trips for the larger planning area with some limited trip capturing
frR m SH -44 and adjacent residential areas.
5. Common parking areas and joint parking agreements should be encouraged to
minimize walking distances between buildings and provide a pedestrian scale to the
area. On -street parking should be encouraged where sufficient right-of-way is
available.
6. Signage should be uniform and should be focused to the interior of the development
along the parallel collector to ensure that the highway rights-of-way are not cluttered
with individual and monument signs. The planning area should include a single
mR nument entry sign at the signalized intersections to establish place making
reference. Consistent design elements should be repeated throughout the area to
establish and maintain identity. Tall landscape berms should be avoided along SH -44
to prevent business and commercial,.buildings from being obscured, but a landscaping
buffer should be significant enough to separate the uses from the State Highway and
instill a park -like atmosphere.
D. Issues
I . One of the main concerns in developing this area for a variety of uses is the need to
maintain a balance among the various employment opportunities that the Business
Park and Mixed Use designations afford. The goal is to create an environment where a
broad range of employment opportunities are available. To achieve this goal,
commercial development must be limited to uses intended to services the business use
and should be limited to 10% of the total planning area and should be designed to
serve the planning area and regional greenbelt users-, big box uses should be
prohibited. Any approved highway -oriented uses must adhere to stringent design
guidelines in order to conform to the goals of the Scenic Corridor where applicable.
2. If deemed necessary, the planning area should identify a site for an electrical
substation. If a substation is not sited early in the development of the area, it is likely
the intent of this planning area to function as a technical park will be limited.
3. If single-family residential uses are located in this area, special attention should be
given to the transition between business/technicalkommercial uses and single-family
residential uses. Transitional uses could include open space, live/work units, or light
office uses. Single -use development (i.e. residential only, office only) should be
discouraged in the area. Without a balance of uses, the intent to create a live, work and
plan environment within the planning area with be compromised.
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XpAUgkAppkaiWrL%W.&ffi20 I KA flill
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERAL,';L-GARDING
TYIS "1 "•
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been formulated to realize the general purposes as set forth in this title.
In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
riffice, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
ievelopment. Uses should complement the uses allowed within the CBD zoning district. All
8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative
Yevelopment, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
�xesidential densities shall not exceed twenty (20) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning district, a development agreement
may be utilized in lieu of the PUD and/or conditional use process if approved by the city
council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation
noted on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was
approved by the city with a development agreement. Specific provisions, as may have been
incorporated within the development agreement, are applicable to development within this
zoning designation.
171_111191mwt INF I . #
located within the SH -44 and Ballantyne Planning Area. The applicant is requesting
annexation and rezone of the property to facilitate a parcel division (application #PD -02-16).
The parcel division record of survey (ROS), date stamped by the city on June 16, 2016, shows
a shared access easement �roviding. access from SH -44 to the - kirojeosed new �"Iarcel. The SH -44
and Ballantyne Planning Area text indicates that access should be provided from an internal
collector located parallel to SH -44, which will allow for traffic to move within the area. The
text also states all single -access points located between Ballantyne Lane and Eagle Island State
Park should be eliminated or consolidated during the development process. The applicant is
not proposing to construct an internal collector at this time. Until such time a use is determined
to occur on the subject site no new development should occur until such time a new concept
plan is submitted (to be incorporated into the development agreement) identifying location of
roads (internal collector) within the development, lot layout, lot dimensional standards,
proposed setbacks, location and size of common areas and buffer areas.
I 1 0 1 . * 4 0 11 4 .0 10 0 0 - 1 0 1 0 1' .1 .1 0
MINIMUM& 0 0 1 0 0 0 4 1 1 IN a I -
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Mftinamg Mptk"gk fl6-16Teu.ypMAmr
the adoption of an ordinance for annexation and rezone of the property.
• The applicant resides in an existing home located on the subject site. The existing home is
served by an individual well and septic system. The applicant is requesting to allow for the
existing home to continue the use of the existing well and septic system. In the event the
existing well or septic system fail, the applicant should be required to connect to respective
central service. All future development of the site should be served by central water.
The property is not currently annexed into the Eagle Sewer District's service area. Prior to
future development of the property, the applicant should be required to provide a letter of
approval from the Eagle Sewer District indicating the property has been annexed into the
Eagle Sewer District's service boundaries. AIso, prior to issuance of a building permit the
applicant should provide proof of adequate sewer service to the proposed habitable buildings
by providing a letter of approval from the Eagle Sewer District.
The southern portion of the site (approximately 60 -feet in width) is located within the
floodway area. The applicant should be required to comply with Eagle City Code Title 10,
Flood Control, prior to any development that may occur within an Area of Special Flood
Hazard
STAFF RECOMMENDATION PROVIDED WITHIN TSTAFF 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) toMU-DA (Mixed
Use with a development agreement).
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
1, 2016, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by three (3) individuals who indicated the following concerns:
• If the property is rezoned toMU-DA (Mixed Use with a development agreement) it is unknown
how the property may be developed in the future.
• The Mixed Use zoning designation allows for residential uses up to 20 -dwelling units per acre.
• The property should be rezoned to Business Park or Commercial to ensure that apartments are not
proposed on the subject property.
• There may be a possibility that eminent domain may be utilized to construct the improvements
needed to provide access to the subject property.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
two (2) individuals (other than the applicant/representative) who indicated the following points:
• An individual should be able to sell their property to retire.
• The city does a good job in controlling which uses are permitted within specific areas and how
those areas are designed.
• The nature of the area has changed due to development located across State Highway 44.
• How will central sewer and water be provided to the property?
• How will access be provided if a collector road is not constructed (providing connectivity to the
subject property) and a business park use is constructed on the subject property?
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• Although property tights are important to allow an individual to develop a property as they choose,
should be recognized that the city has identified the type of development that should occur in this
which may not allow for residential uses as indicated by the applicant.
• The availability of services has an effect on what may be developed on the subject property.
• The proposed zoning designation of MU -DA (Mixed Use with a development agreement) a
recommended conditions of development will require that an applicant will be required to submit
new application prior to any future development of the property.
• Future applicants may have difficulty developing the property with a business park use if a collect
road is not accessible from the cast or west to provide access to West State Street or Fisher Park W1
• This area will not allow for high density development such as multi -family apartments.
• The timing of a collector being constructed through this area is in the future and will be address
COMMISSION DECISION:
The Commission voted 3 to 0 (Wright and Guerber absent) to recommend approval of A-04-16 & RZ-06-
16 (Exhibit "A" [Vicinity Map]) for an annexation and rezone from RUT (Rural -Urban Transition Ada
County designation) to MU -DA (Mixed Use with a development agreement) with the following staff
the Commission:
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 The Site Plan (Exhibit B) represents the Owner's current concept for the property. All future
development of the Property will require a detailed concept plan ("Concept Plan"). Owner shall
submit the Concept Plan outlining any future development as a modification to the development
agreement prior to or concurrent with any future applications (inclusive of a residential building
permit). The Concept Plan shall provide more detail, including but not limited to, location of roads
(internal collector) within the development, lot layout, lot dimensional standards, proposed setbacks,
location and size of common areas and buffer areas. The City shall hold necessary public hearings
pursuant to Eagle City Code notice requirements to address the Concept Plan and any changes
thereafter proposed to said plan.
3.3 The existing residential dwelling located on the property is recognized as a permitted use and any
additional residential development shall require a development agreement modification.
3.4 Owner shall address all site specific conditions of approval and standard conditions of approval of
the parcel division application (PD -02-16) and present a mylar ready for signature by the City Clerk
prior to the adoption of an ordinance for annexation and rezone of the Property.
3.5 The existing home may continue the use of the existing well and septic system, however, in the event
the existing well or septic system fail Owner shall connect to the respective central service if
facilities are available for connection. If central services are not available, Owner shall be permitted
to re -construct the well and/or septic -system- and utilize said facilities until such time as central
services become available.
3.6 A letter of approval shall be provided to Eagle from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to future
development of the property. Further, prior to issuance of a building permit Owners shall provide
proof of adequate sewer service to the proposed habitable buildings by causing a letter of approval to
be provided to Eagle from Eagle Sewer District.
3.7 Owner shall be required to provide central water for all future development of the Property.
3.8 Owner shall comply with Eagle City Code Title 10, Flood Control in regard to development within
an Area of Special Flood Hazard (ASFH).
3.9 All access to future development of Property shall be in conformance with the State Street/SH-44
corridor management plan.
CONCLUSIONS OF LAW:
I . The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-04-16 & RZ-06-16) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement) is
consistent with the Business Park designation as shown on the Comprehensive Plan Land Use
Map and identified within the Zoning Compatibility Matrix (Table 6.2) contained within the
comprehensive plan;
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 MU -DA (Mixed Use with a development agreement) zone is compatible with the
RUT (Rural Urban Transition — Ada County designation) zone and land use to the north since that
area is located across State Highway 44 and based on the Comprehensive Plan Land Use Map
designation of Residential One the property may be developed with a residential use which will be
buffered from the state highway if developed in the future;
d. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the PS
(Public/Semipublic) zone and land use to the south since that area is buffered by the Boise River
from the subject site;
e. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the A-
R (Agricultural -Residential) and RUT (Rural Urban Transition — Ada County designation) zones
and land use to the west since that area may be developed in a similar manner in the future;
f. The proposed MU -DA (Mixed Use with a development agreement) zone is compatible with the
RUT (Rural Urban Transition — Ada County designation) zone and land use to the east since that
area may be developed in a similar manner as this development in the future;
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan and the applicant will be required to address the city's concerns
regarding development within those areas prior to developing the property;
h. As stated in the Development Agreement, the applicant will be required to provide central water
and sewer prior to any future development of the site. Therefore, no non -conforming uses are
expected to be created with this rezone.
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KAPLinning I NW43 16& KYAM-16 Terry pif&c
LWATED this ?§»y of August, 2016.
OF THE CITY OF EAGLE
Ada County, Idaho
Trent 17'right, Chairman
ATTEST:
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