Findings - CC - 1997 - CU-3-97 - Temp Gravel Extraction Operation
D.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION)
FOR A CONDITIONAL USE PERMIT)
FOR A TEMPORARY GRAVEL )
EXTRACTION OPERATION BY )
ED HENDERSHOT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-3-97
The above-entitled conditional use permit application came before the Eagle City Council on
June 24, 1997, for their consideration. The Eagle City Council having heard and taken oral and
written testimony decided to continue the public hearing to July 22, 1997, so the applicant could
supply additional information about the project. The Eagle City Council having heard and taken
oral and written testimony again on July 22, 1997, and having duly considered the matter, makes
the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Ed Hendershot is requesting conditional use approval for a gravel extraction
operation to remove gravel from a shallow pond and use the material as fill to
raise two building pads out of the 100-year floodplain and to transport 10,000 to
35,000 cubic yards of material off the site. The 26.82-acre site is located
approximately 3/8-mile east of Eagle Rd., abutting Island Woods Subdivision on
the west and the North Channel of the Boise River on the north.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 17, 1997.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on May 2, 1997. Notice of this
public hearing was mailed to property owners within three-hundred feet (300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on April 25, 1997. Requests for agencies'
reviews were transmitted on April 21, 1997 in accordance with the requirements
of the Eagle City Code.
HISTORY OF PREVIOUS ACTIONS:
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On November 26, 1996, the City Council approved an annexation with rezone (A-
1-96/RZ-2-96) with a development agreement for this site.
E.
COMPANION APPLICATIONS: fila
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing medium density A-R (agricultural-residential) residential (2 mobile
residential (four maximum of 2 units homes)
units per acre) permitted with development
agreement
Proposed no change no change temporary gravel
extraction
North of site Boise River RT (rural transition) vacant
(undeveloped)
South of site medium density R-5 (residential) vacant
residential (four
units per acre)
East of site medium density RT (rural transition) vacant
residential (four
units per acre)
West of site medium density R-5 (residential) residential (Island
residential (four Woods Subdivision)
units per acre)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
This site is within the Floodway Area within Zone AE of a Special Flood Hazard
Area. There is a residential development to the east of this site. Otherwise, the
area is rural in nature with the North Channel of the Boise River running just
north of the site. A small tributary of the river meanders through the site and
there are several ponds on-site and in the area.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQ UIRED
Total Acreage of Site 26. 82-acres 5-acres (minimum)
Percentage of Site Devoted to Building Coverage fila fila
Percentage of Site Devoted to Landscaping fila fila
Number of Parking Spaces fila fila
Front Setback fila fila
Rear Setback fila fila
Side Setback fila fila
Side Setback fila fila
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: fila
Height and Number of Stories of Proposed Buildings: fila
Gross Floor Area of Proposed Buildings: fila
On and Off-Site Circulation:
Access to the site is gained through an access parcel within Islands Woods
Subdivision No.2.
K.
PUBLIC SERVICES AVAILABLE:
Water and fire service are approved for the site. Sewer service is not available at
this time.
L.
PUBLIC USES PROPOSED: none
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - FloodwaylFloodplain
Evidence of Erosion - yes
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Fish Habitat - unknown
Floodplain - yes
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - no
Stream/Creek-yes
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Submitted to late to be a part of the packet submitted to the Council.
P.
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 -
Use of the roadway system will be limited by ACHD (see their staff report dated
June 4, 1997.
Central District Health
Division of Environmental Quality -
The letter dated May 1, 1997, discusses the recent water quality related events that
could effect the outcome of this project. (see attached)
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department-
ITD has reviewed the application and states that no approach shall be permitted to
Eagle Road and the trucks should be light weight.
Q.
LETTERS FROM THE PUBLIC: Letters of objection, generally regarding the use of
Island Woods Subdivision roads, dated May 15, 1997, June, 15, 16 and 18, 1997, were
received.
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each
proposed Conditional Use in terms of the following standards and shall find adequate
evidence showing that such use at the proposed location:
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A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8);
C.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Section 8-3-5-K
"Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural
Resources of Commercial Value"
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C.
DESIGN REVIEW ORDINANCE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL: (None)
D.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
E.
DISCUSSION:
This is a temporary use to remove gravel from a shallow pond and use the material as fill
to raise two building pads out of the 100-year floodplain. The item should be approved
with the condition that the Conditional Use permit shall expire two years after the
approval date at which time the applicant would need to apply for an extension of time (if
needed).
Per the best management practices (BMP's) stated within the May 1, 1997 letter from
Division of Environmental Quality, the applicant should address how the direct or
indirect discharge of ground/pond water will be managed.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommended approval with the site
specific conditions of approval and the standard conditions of approval provided within the
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning
Commission on May 19, 1997, at which time testimony was taken and the public hearing was
closed. The Commission made their recommendation at that time.
B. No oral testimony in opposition to this proposal was presented to the Planning and
Zoning Commission. Written testimony (from Linda S. Turner) in opposition was presented to
the Commission.
C. Oral testimony in favor of the application was presented by the applicant who was in
favor of the proposed gravel operation for the following reasons: It was mostly contained on site,
would enhance the environment by providing additional water habitat areas, and would have only
minimal off-site transportation of material (expected to last for less than two months).
COMMISSION DECISION:
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On May 19, 1997, the Commission unanimously recommended approval (Bradely and Maile
absent) of the conditional use permit with the site specific and standard conditions of approval
shown within their findings for this item.
NOTICE OF PUBLIC HEARING OF THE COUNCIL:
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances
on May 23, 1997. 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 May 20, 1997. Requests for agencies' reviews
were transmitted on April 21, 1997 in accordance with the requirements of the Eagle City Code.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 24, 1997, and
July 22, 1997, at which time testimony was taken and the public hearing was closed. The
Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the Eagle City Council by
three individuals who were opposed to the gravel operation for the following reasons;
Against any operation that allows gravel trucks to use the Island Woods Subdivision streets.
No objection to operating a gravel pit for the two pads. Concern is a commercial operation
hauling gravel. Time and duration of operation.
C. Oral testimony in favor of the application was presented by the applicant who was in favor of
the proposed gravel operation for the following reasons: It was mostly contained on site,
would enhance the environment by providing additional water habitat areas, and would have
only minimal off-site transportation of material (expected to last for less than two months)
and that would not be on Island Woods Roads.
COUNCIL DECISION:
On July 22, 1997, the Council unanimously approved the conditional use permit with the site
specific and standard conditions of approval shown below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
The Conditional Use permit shall expire one year after City Council approval (expiration
date - August 12, 1998). A one year extension may be granted by the Council, if
requested by the applicant.
2.
Comply with Eagle City Code Section 8-3-5-K "Gravel Pits, Rock Quarries, Sand and
Clay Pits and Other Natural Resources of Commercial Value".
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3.
4.
6.
Apply for and obtain approval of a Flood Plain Development Permit Review prior to
starting the gravel operation.
The Environmental Assessment Plan shall be approved by the City Engineer prior to
starting the gravel operation.
5.
Comply with the best management practices (BMP's) as stated within the May 1, 1997
letter from Division of Environmental Quality.
The mosquito control method shall be noted in the environmental assessment plan and
shall be reviewed and approved by the City.
7.
Truck traffic through Island Woods Subdivision shall be prohibited.
8.
Hours of operation shall be limited to 7 AM to 7 PM excluding weekends and holidays.
9.
The work area and road used for trucks shall be watered sufficiently to eliminate dust.
10.
The extraction operation shall be limited to a maximum of a two month time period.
11.
On-site crushing shall be prohibited.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the
highway district having jurisdiction shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall
be secured prior to issuance of building permit or Certificate of Occupancy, whichever
occurs first.
4.
Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources shall be submitted to the City prior to
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
5.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will
be required to furnish the City Engineer with a letter from the sewer entity serving the
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property, accepting the project for service, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
6.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to issuance
of any building permits or Certificate of Occupancy, whichever occurs first. A copy of
the construction drawing(s) shall be submitted with the letter.
7.
The applicant shall submit plans and calculations prepared by a registered professional
engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a performance bond
shall be submitted to the City Clerk, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all
runoff runs either over the curb, or to the drainage easement, and no runoff shall cross
any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy
permit is issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, or other
irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a
manner that the flow of water will not be impeded or increased beyond carrying capacity
of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
9.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer (if applicable) prior to issuance of any building permits or Certificate
of Occupancy, whichever occurs first. All construction shall comply with the City's
specifications and standards.
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10.
11.
12.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the
purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
Parking lot light plan shall be submitted and approved as to the location, height and
wattage by the City Engineer. All construction shall comply with the City's
specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid
accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect
the light away from the adjoining property.
The parking area shall be paved and shall be maintained in good condition without holes
and free of all dust, trash, weeds and other debris.
One set of building plans, for any non single-family residential use, shall be submitted to
the Eagle Fire Department for approval. An approval letter from the Eagle Fire
Department shall be submitted to the City prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The letter shall include the following
comments and minimum requirements, and any other items of concern as may be
determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
The fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat..
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(ie; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of
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14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Occupancy, whichever occurs first.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
The applicant shall obtain written approval of the development relative to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
The applicant shall obtain approval of the development relative to its effects on wetlands
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
Basements in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all
applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes
unless specifically approved by the Commission and/or Council.
New plans which incorporate any required changes shall be submitted for staff approval.
Staff may elect to take those plans to the Design Review Board and/or the Planning and
Zoning Commission for review and approval.
Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the City of Eagle of its intent to change the
planned use ofthe subject property unless a waiverlvariance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change in use is sought.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
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obtain written confirmation of any change from the City of Eagle.
24.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the
Planning and Zoning Commission approval date).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 17, 1997.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on May 2, 1997. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 25, 1997.
Requests for agencies' reviews were transmitted on April 21, 1997 in accordance with the
requirements of the Eagle City Code.
3. Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 23,1997. 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 May 20, 1997.
Requests for agencies' reviews were transmitted on April 21, 1997 in accordance with the
requirements of the Eagle City Code.
4. The Council reviewed the particular facts and circumstances of the proposed conditional use
(CU-3-97) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional
Uses" and has concluded that the proposed conditional use:
A. Constitutes a conditional use as determined by the Zoning Administrator per Eagle
City Code Section 8-2-3;
B. Is harmonious with and in accordance with the general objectives of the
Comprehensive Plan since the gravel extraction operation is a temporary use to be
solely for the development of two water amenities for the future construction of two
residential dwellings;
C. Is designed and will be constructed, operated and maintained in a manner that is
harmonious and appropriate in appearance with the existing character of the general
vicinity since the operation is expected to be in accordance with Eagle City Code
governing gravel pits, and because the operation is temporary in nature and will result
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in the creation of two water amenities;
D. Will not be hazardous or disturbing to existing of future neighboring uses in part
because of the temporary nature of the operation, and also since the off-site transport
of material will require ACHD and ITD approval and will be limited to a period of a
maximum of two months;
E. Will be served adequately by essential public facilities and services as stated by the
serving entities;
F. Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community
because there are adequate services available and because the gravel operation is a
temporary use;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare and odors,
because of the requirements of agencies governing such a use, as is required in Eagle
City Code, and as shall be reviewed and approved by the City as a part of the required
Environmental Assessment Plan;
H. Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public thoroughfares as may be
required by the Idaho Transportation Department and/or ACHD;
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance as the applicant is being required to obtain all agency
approvals, with regard to flood plain and water quality, for the gravel operation and
because the applicant is also required to submit an Environmental Assessment Plan
for City review and approval prior to starting the gravel operation.
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DATED this I 9th day of July, 1997.
ATTEST:
lQ (~'-- \(
'-"SHARÒN K. SMITH,
CITY CLERK
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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