Findings - PZ - 1998 - RZ-5-98 - Rz From A To Cbd/10.2 Acre Site/480 S. Eagle Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A REZONE FROM A (AGRICULTURE) TO CBD
(CENTRAL BUSINESS DISTRICT) FOR EAGLE
PAVILION INVESTORS, LLc.
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-5-98
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on August 3, 1998. 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: .
Eagle Pavilion Investors, LLC, represented by Ron Bath, is requesting a rezone
from A (Agriculture) to CBD (Central Business District). The 10.2-acre site is
located on the northeast comer of Eagle Road and State Highway 44 at 480 S.
Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 18, 1998.
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 July 3, 1998. 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 3, 1998. Requests for agencies' reviews
were transmitted on June 19, 1998 in accordance with the requirements of the
Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS:
PP-4-98 (Eagle Pavilion Sub.) & CU-6-98 (Conditional Use for a Bank with
Drive- Thru )
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business A (Agriculture) Vacant
District & Public/Semi-
Public
Proposed No Change CBD (Central Business Commercial Business
District) Center
North of site Central Business CBD-DA (Central Business Commercial Business
District District w/ Development & Senior Center
Agreement) & A
(Agriculture)
South of site Public/Semi -Public A (Agriculture) State Highway 44 -
Vacant
East of site Public/Semi-Public & MU (Mixed Use) Vacant
Mixed Use
West of site Central Business C-l (Neighborhood Business Vacant (Proposed
District & Public/Semi- District) Commercial Business)
Public
G.
DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development
Area).
H.
TOTAL ACREAGE OF SITE: lO.16-acres
I.
APPLICANT'S STATEMENT OF mSTIFICATION FOR THE REZONE:
"The rezone is consistent with the comprehensive plan for the property, is
consistent with other development in the area, has all the necessary public and
private services available and will be a great catalyst to future growth areas".
1.
APPLICANT'S STATEMENT OF mSTIFICATION OF A DEVELOPMENT
AGREEMENT (if applicable): None given
K.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters have been received by Central District Health, Eagle
Fire District, Eagle Sewer District, and Eagle Water Company.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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M.
NON-CONFORMING USES:
Based upon the information available, no non-conforming uses exist.
N.
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
Ada Planning Association (State Highway 44 pedestrian/bicycle crossings needed)
Central District Health
Division of Environmental Quality
Drainage District No.2
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Idaho Transportation Department
Independent School District of Boise City #1
O.
LETTERS FROM THE PUBLIC:
The following have responded and their correspondence is attached to the staff
report.
Dennis Burt (Albertson's Real Estate Manager) letters dated June 23, 1998, & June 25,
1998.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
SECTION: "HAZARD AREAS"
The lOO-year floodplain of the Boise River and Dry Creek, as now and in the
future defined by the Federal Emergency Management Association maps,
constitutes the natural hazard areas within the City and Impact Area. Additional
hazard areas may be added to the Comprehensive Plan when deemed necessary.
POLICIES AND GOALS
1. To protect the health and safety of Eagle residents while offering varied open
space uses.
2. Whenever possible the existing natural floodplain ofthe Boise River and Dry
Creek should remain in a natural state as a greenbelt, wildlife habitat, agricultural,
open space and recreation-nature areas.
. SECTION: "TRANSPORTATION"
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POLICIES AND GOALS
I. To classify roadways on the Functional Street Classification Map in order to
maintain conformity to land use classifications as delineated on the Land Use
Designation Map.
2. To integrate all modes of travel including automobiles. trucks. buses. vans.
bicycles and pedestrians. to support air quality improvement measures.
3. To encourage that roadway design standards are consistent with the State. County.
Metropolitan Planning Organization (MPO) and other agencies responsible for
roadway design.
4. To require that safety design systems are integrated into all school sites and
recreation areas, including such items as signalization, sidewalks, and alternate
traffic patterns.
5. To require that new developments provide for pedestrian. equestrian and bicycle
circulation in accordance with adopted local and regional pathway plans.
6. To evaluate the impact and access limitations on existing properties resulting from
the proposed modifications to Alternate Route 44. All new developments along
the south side of State Street and in the vicinity of Alternate Route 44 shall be
evaluated to determine the impact on access and traffic flow.
7. To establish and require minimum setbacks between development and roadways
and to encourage installation of berms and landscaping for all developments to
enhance safety and to enrich the roadway and community appearance.
.
SECTION: "COMMUNITY DESIGN"
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain establishing a natural open space area complete
with wildlife. trees. and recreation opportunities: ( c) the rolling hills north of the
river as an attractive terrace; and, (d) a network of canals which crisscross the
community.
.
SECTION: "LAND USE"
Land Use Classification Map
Shows approximately 28,800 square feet (ON-SITE) of area at the south west comer
of the site to be publici semi-public and approximately a 35-foot wide strip (ON-SITE)
along the south property line also to be public/semi-public.
.
SECTION: SPECIAL AREAS
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Areas identified on the Land Use Plan to have special significance to the City and
which warrant analysis and consideration related to conservation and preservation.
Such special areas may be designated because of their recognized historic,
environmental, scenic, or architectural significance.
POLICIES AND GOALS (in part)
1. To preserve the rural transitional identity.
2. To preserve the natural features and resources of Eagle.
3. To establish land use patterns and zoning district's that do not exhaust available
services such as sewer, water, police, fire protection, recreational areas, highways
and transportation systems.
4. To promote compatibility between zoning districts.
5. To promote commercial service and retail development within the Central Business
District as depicted on the Comprehensive Plan land use designation map. and to
encourage pedestrian friendly development.
6. To discourage strip commercial type development along the length of major and
minor arterials and collectors within the City.
7. To encourage the location of a major retail center within the City's Central
Business District (as defined by item 5).
8. To encourage commercial development within a C-3 (Highway Business District)
zoning designation at or near the intersection of State Highway 55 alternate route
(east side of City) and State Highway 44 that will serve the traveling motorist and
public with uses such as hotels, motels and restaurants. Development in this area
is to complement rather than compete with the downtown service and retail
establishments.
9. To identify as a Special Area due to its historic. architectural and scenic
significance the State Street/Eagle Road corridor. as depicted on the
Comprehensive Plan Land Use Designation Map.
10. To identify portions of the Central Business District as a Special Area due to its
historic significance and to conduct evaluations to determine the feasibility of
pursuing Certified Local Government (CLG) status in order to qualify for federal
and state historic preservation grants and funds.
11. To identify the foothills, the Dry Creek Floodplain and the Boise River Floodplain
as Special Areas due to its environmental and scenic significance.
12. To create special development and design review standards for properties
characterized by a Special Area designation. Special Areas shall be given
consideration for a Planned Unit Development (PUD) zoning classification.
13. To allow the development of businesses and professional services within the City
in a manner that is commensurate with the needs of community residents.
.
SECTION: CENTRAL BUSINESS DISTRICT
The special review process will include, but will not be limited to, the following:
6. Vehicle access and traffic circulation
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7. Sidewalks, pathways and pedestrian access
.
SECTION: "ECONOMIC DEVELOPMENT"
To achieve goals set forth by the Eagle Comprehensive Plan, the City will foster
and promote sound economic growth within its City limits and impact area.
POLICIES AND GOALS
1. To achieve an economic base complimentary to the rural transitional identity so
residents will be provided with adequate commercial services and facilities.
2. To promote additional employment opportunities and expand the economic base
by (1) encouraging growth and expansion of existing business and industry and (2)
attracting additional business and industry.
3. The area known as the Central Business District will require more restrictive
design standards and the City will encourage rehabilitation. upgrading. and new
development of this area consistent with the downtown development plan.
4. To create an Urban Renewal Agency and designate portions of the City and
Impact Area as an urban renewal area to help rehabilitate, conserve and redevelop
the Central Business District and other appropriate areas designated for economic
development.
5. To attract a diversity of commercial development to the Central Business District
to ensure the direction of new growth in a coordinated manner.
6. Employment centers and primary locations of community activities will be located
within or in close proximity to the Central Business District and transportation
corridors.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
C.
DISCUSSION:
.
In an effort to mitigate floodplain concerns, all development within area of the Property which
is within the 100 year floodplain should;
a. use compensatory storage methods as outlined within the March 1998 "Managing
Floodplain Development" manual completed by the Emergency Management Institute -
sponsored by the Federal Emergency Management Association; and
b. have finished floor level of all buildings which are at least two (2) feet above the Federal
Emergency Management Association Base Flood Elevation (BFE).
Also, open areas such as greenbelt areas, parking lots, etc., within the 100 year floodplain,
should be designed and operated so that they may flood and provide storage capacity for
waters during 100-year flood events. Levees or berms should not be used for flood
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control.
.
To comply with the Comprehensive Plan Land Use Map "Public/Semi-public" designation,
the applicant should provide an on-site tree lined landscaped strip to be an average of 3 5-
feet in width along State Highway 44 and a minimum 28,000-square foot on-site
landscaped area (with trees and other landscape improvements such as shrubs, flowers,
water features, etc. as may be determined by the Design Review Board) at the comer of
State Highway 44 and Eagle Road. Landscaping should be reviewed and approved the
Design Review Board.
.
To comply with the Comprehensive Plan policies regarding provisions for bicycle and
pedestrian pathways, and need to address the impact of development as it relates to State
Highway 44, the applicant should construct a 10-foot wide bicycle/pedestrian pathway
along State Highway 44 from Eagle Road to the east-most end of the property.
Furthermore, the property owners should agree to participate in an LID (to include, but
not be limited to, some other owners of properties north an south of State Highway 44
between Eagle Road and the State StreetlState Highway 44 Intersection (approximately
one mile east of Eagle Road), or similar funding method, which may be initiated by the
City Council to provide crossings of State Highway 44 between Eagle Road and the
intersection of State Street with State Highway 44 (approximately one mile east of Eagle
Road). Two pedestrian/bicycle overpass or underpass crossings (one approximately 100-
feet east of the Eagle RoadlState Highway 44 intersection and another approximately lOO-
feet east of the Stierman Road/Palmetto Avenue extended/State Highway 44 intersection)
should be funded by the LID. If underpass( es) are constructed, surveillance cameras shall
be installed in the underpasses to deter crime. Also, at grade intersection enhancements,
such as landscaping, crosswalk pavers and signage, for pedestrian safety and comfort at
the intersections of Highway 44 and Eagle Road, State Highway 44 and Stierman
Road/Palmetto Avenue extended and State Highway 44 and State Street (east of Eagle
Road) shall be funded by the LID.
. The proposed access point at the south end of Second Street should be designed to make
it clear to motorists that they are entering a commercial development and that the road has
ended. This can be accomplished with features such as entry landscaping and a landscaped
center island between the inbound and outbound lanes.
. With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the information provided to staff to date, staff believes that the proposed
rezone (with the proposed development agreement) is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of CBD (Central Business District) is the required
zoning designation per Comprehensive Plan and Land Use Map; and the conditions of
the development agreement mitigate the Hazard Area concerns related to the
floodway, assure the provision of the public/semi-public area at the southwest comer
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of the site and along the south property line (both areas abut Eagle Road and State
Highway 44), and provide a mechanism for allowing the possibility for safer
pedestrianlbicycle crossings of State Highway 44;
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 (some with the conditions within the development
agreement), to serve any and all uses allowed on this property under the proposed
zone;
c. The proposed CBD zone (Central Business District) is compatible with the existing
MU (Mixed Use) zoning designation and land use to the east because uses may be
similar in both zones and since there is currently no use of the property to the east;
d. The proposed CBD zone (Central Business District) is compatible with the existing
C-l (Neighborhood Business District) zoning designation and land use to the west
since there is currently no use of the property to the west;
e. The proposed CBD zone (Central Business District) is compatible with existing CBD-
DA (Central Business District with development agreement) zoning designation and
existing grocery store and fuel island use to the north since those are commercial uses
also;
f The proposed CBD (Central Business District) zone is compatible with the current
zoning and land use to the south (Agriculture), since the area is currently farmed and
since a natural buffer (State Highway 44) exists between the sites;
g. The land proposed for rezone is located within a "Hazard Area" (100 year flood plain)
and "Special Area" (Central Business District) as described within the Comprehensive
Plan and will be developed in compliance with the comprehensive plan goals and
objectives for those areas because the development provides conditions to assure
compliance and since the City Code further regulates floodplain development and
Central Business District uses; and
h. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the
requested rezone, with a development agreement to include the conditions 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
August 3, 1998, 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 this proposal was presented to the Planning and Zoning
Commission by no one. However one individual (an Albertson's representative) asked to
reserve the right to object at a later date if the negotiations do not continue in a positive
manner (between Albertson's and the applicant) with respect to easements.
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C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Cor;sion recommended approval (three to zero - Wilson and Farnworth abstained)
of RZ$-98 for a rezone from A (Agriculture) to CBD (Central Business District) for
Eagle Pavilion Investors, LLC, represented by Ron Bath, with the following staff
recommended conditions to be within a development agreement with text shown with
strike-thru to be deleted by the Commission and with the text shown as underlined to be
added by the Commission.
1. The owner shall submit a Design Review application for the site (as required by the Eagle
City Code), and shall comply with all conditions required by the City as a part of the
Design Review prior to issuance of a certificate of occupancy.
2. The development shall comply with the Zoning Code, as it exists in final form at the time
an improyement application is made and the conditions within this agreement shall be
satisfied.
3. All development within area of the Property which is within the 100 year floodplain shall;
a. use compensatory storage methods as outlined within the March 1998 "Managing
Floodplain Development" manual completed by the Emergency Management Institute
- sponsored by the Federal Emergency Management Association; and
b. have finished floor level of all buildings which are at least two (2) feet above the
Federal Emergency Management Association Base Flood Elevation (BFE).
4. City approvals shall be subject to the revised study for the Boise River floodplain currently
underway by FEMA'
5. Open areas such as greenbelt areas, parking lots, etc., within the 100 year floodplain, shall
be designed and operated so that they may flood and provide storage capacity for waters
during 100-year flood events. Levees or berms shall not be used for flood control.
6. Provide an on-site tree lined landscaped strip to be an average of 35-feet in width along
State Highway 44 and a minimum 28,000-square foot on-site landscaped area (with trees
and other landscape improvements such as shrubs, flowers, water features, etc. as may be
determined by the Design Review Board and with parking to be permitted generally as
shown on the colored rendering submitted to the Commission on August 3. 1998) at the
corner of State Highway 44 and Eagle Road. Buildings within the 28.000-square foot on-
site landscaped area shall be prohibited. Landscaping shall be reviewed and approved the
Design Review Board.
7. Construct a 10-foot wide bicyclelpedestrian pathway along State Highway 44 from Eagle
Road to the east-most end of the property.
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8. A public easement for the greenbelt pathway along State Highway 44 shall be provided. The
specific location and design of the pathway shall be reviewed and approved by the City Council
and Design Review Board.
9. Provide a license agreement, approved by ITD andlor ACHD, allowing the right-of-way
between this site and the edge of pavement along State Highway 44 and Eagle Road to be
landscaped and landscape said area.
10. Property owners agree to participate in an LID (to include, but Bot be limited to, some
other owners of properties BOrth an south of State High'.vay 11 betweoo Eagle Road and
the State Street/State Highv;ay 11 IfltersectioR (approximately one mile east of Eagle
Road)), or similar funding method, '.vbiefi may be iBitiated by the City CO1:lBcil to proyide
crossings of State Highv;ay 11 between Eagle Road and the intersection of State Street
'.vith State Highway 11 (approximately one mile east of Eagle Road) the land shown in
the attached Exhibit "A" dated August 3. 1998. Two pedestrianlbicycle overpass or
underpass crossings (one approximately laO-feet east of the Eagle RoadlState Highway
44 intersection and another approximately lOa-feet east of the Stierman Road/Palmetto
Avenue extendedlState Highway 44 intersection) shall be funded by the LID. If
underpass( es) are constructed, surveillance cameras shall be installed in the underpasses to
deter crime. Also, at grade intersection enhancements, such as landscaping, crosswalk
pavers and signage, for pedestrian safety and comfort at the intersections of State
Highway 44 and Eagle Road, State Highway 44 and Stierman Road/Palmetto Avenue
extended and State Highway 44 and State Street (east of Eagle Road) shall be funded by
the LID.
Although this development agreement addresses "Assignment and Transfer" in Article VI
the City of Eagle chooses to emphasize that, "This section regarding the LID shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors,
agents, legal representatives, successors and assigns; provided, however, that if all or any
portion of the Property is divided that each owner of a legal lot shall only be responsible for
duties and obligations associated with an owner's parcel and shall not be responsible for duties
and obligations or defaults as to other parcels or lots within the Property. The new owner of
the Property or any portion thereof (including, without limitation, any owner who acquires its
interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Section with respect only to such owner's lot or parcel."
11. Sufficient right-of-way (or public easement) shall be provided, to allow for a
pedestrianlbicycle overpass or underpass crossing approximately lOa-feet east of the
Eagle Road/State Highway 44 intersection.
12. The proposed access point at the south end of Second Street shall be designed to make it
clear to motorists that they are entering a commercial development and that the road has
ended. This can be accomplished with features such as entry landscaping and a landscaped
center island between the inbound and outbound lanes.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 18, 1998.
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 July 3, 1998. 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 3, 1998.
Requests for agencies' reviews were transmitted on June 19, 1998 in accordance with the
requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone 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 with development
agreement is in accordance with the City of Eagle Comprehensive Plan and established goals
and objectives because:
a. The requested zoning designation of CBD (Central Business District) is the required
zoning designation per Comprehensive Plan and Land Use Map; and the conditions of
the development agreement mitigate the Hazard Area concerns related to the
floodway, assure the provision of the public/semi-public area at the southwest comer
of the site and along the south property line (both areas abut Eagle Road and State
Highway 44), and provide a mechanism for allowing the possibility for safer
pedestrianlbicycle crossings of State Highway 44;
b. The information provided fÌom the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided (some with the conditions within the development
agreement), to serve any and all uses allowed on this property under the proposed
zone;
c. The proposed CBD zone (Central Business District) is compatible with the existing
MU (Mixed Use) zoning designation and land use to the east because uses may be
similar in both zones and since there is currently no use of the property to the east;
d. The proposed CBD zone (Central Business District) is compatible with the existing
C-I (Neighborhood Business District) zoning designation and land use to the west
since there is currently no use ofthe property to the west;
e. The proposed CBD zone (Central Business District) is compatible with existing CBD-
DA (Central Business District with development agreement) zoning designation and
existing grocery store and fuel island use to the north since those are commercial uses
also;
f. The proposed CBD (Central Business District) zone is compatible with the current
zoning and land use to the south (Agriculture), since the area is currently farmed and
since a wide separation (State Highway 44) exists between the sites;
g. The land proposed for rezone is located within a "Hazard Area" (100 year flood plain)
and "Special Area" (Central Business District) as described within the Comprehensive
Plan and will be developed in compliance with the comprehensive plan goals and
Q
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objectives for those areas because the development provides conditions to assure
compliance and since the City Code further regulates floodplain development and
Central Business District uses; and
h. No non-conforming uses are expected to be created with this rezone.
DATED this 17th day of August, 1998.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
CtM
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