Findings - CC - 2001 - RZ14-00 - 2.816 Acre/Rz From R4 To Mu-Da/
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE WITH DEVELOPMENT AGREEMENT
FOR IFI PARTNERS II
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-14-00
The above-entitled rezone with development agreement application came before the Eagle City Council for
their action on March 20, 2001. 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:
IFI Partners II, represented by John Evans, is requesting a rezone from R-4 (Residential)
to MU-DA (Mixed Use with a Development Agreement). The 2.816-acre site is located
on the south side of Hill Road approximately 575-feet west of Highway 55.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 28, 2000.
e.
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 November 4, 2000. 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 November 3,2000. Requests for agencies' reviews were transmitted on October
5,2000 in accordance with the requirements of the Eagle City Code.
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 February 8, 2001. 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 February 12,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use R-4 (Residential) Gravel extraction site
Proposed No Change MU-DA (Mixed Use with Res iden tiaV Co mmerc ial
development Agreement)
North of site Residential Three (3-units R-3 (Residential) Gravel extraction site
per acre max.)
South of site Mixed Use R-4 (Residential) Residential
East of site Mixed Use R-4 (Residential) Gravel extraction site/
Proposed Commercial-
Residential Development
West of site Residential Three (3-units R-3 (Residential) Residential
per acre max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 2.816-acres
1.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter stamped September 28, 2000 (attached).
J.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): See applicants proposed development agreement language with changes proposed by
staff under Staff Analysis Section C below.
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
A preliminary review letter from the Eagle Fire Department has been received. An approval letter
from the appropriate water company having jurisdiction and the Eagle Sewer District is required.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code, provided the
conditions within the development agreement are complied with.
N.
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
Central District Health
Division of Environmental Quality
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Eagle Fire Department
Independent School District of Boise City No.1
O.
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:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
1.
Excessively large single entity businesses that would jeopardize the competitive
business environment should be discouraged.
Chapter 9 - Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are non-motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
8.
To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b.
To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e.
All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
Chapter 12 - Community Design
12.2
Goal
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Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
12.3
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the competitive
environment should be discouraged.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-1O-I(A): REQUIREMENTS AND RESTRICTIONS (for development
agreements): Purpose: Development agreements are a discretionary tool to be used by the
Council as a condition of rezoning. Development agreements allow a specific project with
a specific use to be developed on property in an area that is not appropriate for all uses
allowed or conditional in the requested zone.
C.
DISCUSSION:
.
Staff believes that a MU-DA (Mixed-Use with development agreement) zoning
designation for this site will allow for a transition of uses from commercial to the north
and single family residences to the south. However, to assure an appropriate transition,
the specific uses for this site should be limited within a development agreement.
The applicant has submitted the following conditions, which closely resemble those for
the property to the east (Picadilly Square), to be placed within a development agreement
with underlined text recommended to be added by staff and text shown with strikethrough
recommended to be deleted by staff.
(NOTE: The 10,500 square foot building size, as mentioned below, was measured from
the submitted concept plan.)
2.1 The e'.vner shall saèæit a PlaHned Unit DevelapmeRt (PUD) aHd CoÐditioaal Use
Perm-it (CUP) applieatioa f.:er the eRtir-e site (ia a€eoråaHee with Eagle City Code),
aDd shall camply ',yitk all eoaditioÐs feqüireà BY Eagle as a part of tke PUD/CUP.
(NOTE: A PUD would not apply in this instance because the minimum required
area for a residential use with subordinate commercial uses is 5-acres.)
2.1
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 Eagle as a part
of the Design Review.
2.2
The Concept Plan represents the Applicant's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur. Such changes, if proposed by the Applicant,
shall be reviewed by the City as "New Business" items and not as "Public Hearing"
items unless the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community or
unless the proposed use is a conditional use (c) as established herein then a public
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hearing shall be required. If the City determines that a public hearing shall be held
on any proposed change in the Concept Plan, notice shall be provided as may be
required by the City.
2.3
The Property shall be permitted to be developed with approximately I.49-acres
consisting of a maximum of six dwelling units per acre and approximately 1.33-
acres consisting of a maximum of ~ 10.500 gross square feet of commercial
buildings. The Owner acknowledges that the minimum City parking and
landscaping requirements may limit the square footage to less than 12,00010,500
square feet.
2.4
The maximum size for any individual or total combination of commercial
building(&shall be 10, 000 10,500 square feet.
2.5
For the 1.33-acres planned for commercial buildings noted in section 2.4 above, all
uses shown as permitted or conditional under the Mixed Use zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"
shall be considered permitted uses (P) as a part of this Development Agreement
with the following exceptions:
2.5.1
The following uses which are shown as permitted (P) or conditional (C)
uses under the Mixed Use zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" shall be
prohibited:
Apartment
Boarding or lodging house or dormitory
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Multi-family dwelling
Single family dwelling
Two family dwelling
Ambulance service
Animal shows or sales
Artist studios
Arts and crafts shows
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Convenience store with no fuel service
Drive-in theater
Drugstore
Electronic sales, service, or repair shop
Equipment rental and sales yard
Hardware store
Hospital
Hotel
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2.5.2
Live entertainment events
Mobile office
Motel
Parking lot, parking garage commercial
Personal improvement
Restaurant (no drive-thru)
Retail sales (general)
Riding academies/stables
Shopping center (see note below)
NOTE: The City acknowledges that each commercial parcel may consist
of more than one building and that buildings may be multi-tenant but that
due to the limitations herein (i.e.: limited uses and a gross square footage
cap on commercial that is less than 30,000 square feet) that such
development shall not be considered a s"Shopping e~enter" (as defined
by Eagle City Code).
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Travel services
Upholstery shop
Woodworking shop
The following uses which are shown as permitted (P) or conditional (C)
under the Mixed Use zoning designation within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations" shall require a separate
conditional use permit (CUP) in addition to the POO-/CUP required for the
entire site:
Banks/fmancial institutions (with drive-up service)
Childcare (Daycare Center)
Childcare (Group)
Commercial entertainment facilities (indoor)
Commercial entertainment facilities (outdoor)
Flex space
Food and beverage sales
Kennel
Laundry (with drive-up service)
Mortuary
Nursery, plant materials
NafsiByeoRvaleseeftt home
lBd\istry Casæm
Industry Limited
Industry Research and Development
Research activities
Public service facilities
School, public or private
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2.7
2.5.3
Retail sales (limited) and Retail sales (pharmacies and medical) shall be
permitted as a part of this Development Agreement. However, the total
gross square footage of the combined uses of Retail sales (limited) and
Retail sales (pharmacies and medical) shall not exceed t'.velve thmwaÐd
(12,000) ten thousand-five hundred 00,500) square feet. The City
acknowledges that Retail sales (limited) allows all uses allowed in Retail
Sales (General) except those uses excluded by paragraph "B. Limited"
under the Eagle City Code definition of Retail Sales and except as
otherwise may be restricted herein.
f.lthoagh Eagle City Cede Seetiea g 6 4 allø\vs tea pereeat (10%) of a PUD to
iaclaèe Hses that the "Offieial Schedale of DisHiet Regalatioas" sRow as
prohibited, ia BO ease shall aB)' ef these prohibited Hses be permi.tteà f.er this site.
2.6
Only those uses as stated herein, with listed restrictions as mentioned within this
agreement, shall be allowed.
2.7
Except as provided for herein the development shall comply with the Eagle City Code, as it
exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.8
The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan for this site.
2.9
The applicant shall construct a pathway/greenbelt in accordance with the Transportation /
Pathway Network Map #1 as adopted by the City of Eagle on November 9, 1999.
.
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 is in accordance with the City of Eagle Comprehensive Plan and established goals
and objectives because:
a. The requested zoning designation of MU-DA is in accordance with the Mixed Use
classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that public facilities exist, or are expected to be
provided as conditioned herein, to serve any and all uses allowed on this property
under the proposed zone.
c. The proposed MU-DA zone is compatible with the zoning uses to the south, north,
west and east;
d. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATIONS PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
rezone with conditions to be placed within a development agreement (as proposed by the
applicant) with underlined text recommended to be added by staff and text shown with
strikethrough recommended to be deleted by staff (as noted above).
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 20, 2000, and on December 18, 2000, 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.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to I (Deckers against)(Cadwell abstained) to recommend approval of
RZ-I4-00 for a rezone from R-4 (Residential) to MU-DA (Mixed Use with development
agreement) for IFI Partners II with the following conditions to be placed within a development
agreement.
2.1 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 Eagle as a part of
the Design Review.
2.2 The Concept Plan represents the Applicant's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur. Such changes, if proposed by the Applicant, shall
be reviewed by the City as "New Business" items and not as "Public Hearing" items
unless the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community or unless the
proposed use is a conditional use (c) as established herein then a public hearing shall
be required. If the City determines that a public hearing shall be held on any proposed
change in the Concept Plan, notice shall be provided as may be required by the City.
2.3 The Property shall be permitted to be developed with approximately I.49-acres
consisting of a maximum of four dwelling units per acre and approximately 1.33-acres
consisting of a maximum of 10,500 gross square feet of commercial buildings. The
Owner acknowledges that the minimum City parking and landscaping requirements
may limit the square footage to less than 10,500 square feet.
2.4 The maximum size for any individuator total combination of commerciatbuilding(s)
shall be 10,500 square feet.
2.5 For the 1.33-acres planned for commercial buildings noted in section 2.4 above, the
only allowed uses shall be as follows:
Permitted (P) Uses:
-Horticulture (general)
-Horticulture (limited)
-Roadside stand (temporary structure)
-Home Occupation
-Planned Unit Development
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-Bed and Breakfast facility
-Catering Service
-Childcare (family)
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Office, Business and Professional
-Parking Lot, Parking Garage
-Personal Wireless Facilities (Height 35 feet or less)
-Professional activities
Uses Requiring a Conditional Use Permit
-Childcare (Daycare Center)
-Childcare (Group)
-Flex Space
-Kennel
-Mortuary
-Nursery, Plant Materials
-Nursing / Convalescent Home
-Industry Research and Development
-Research Activities
-Public Service Facilities
-School, Public or Private
2.6 Only those uses as stated herein, with listed restrictions as mentioned within this
agreement, shall be allowed.
2.7 Except as provided for herein the development shall comply with the Eagle City Code, as it
exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.8 The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan for this site.
2.9 The applicant shall extend an 8-inch sewer line to the property to the west (known as the
Low property) for future connection to that property.
2.10 The applicant and the abutting parcel to the west shall resolve and provide documentation
concerning the disputed septic easement, prior to the issuance of any building permits.
2.11 The residential portion of the development shall be limited to a maximum density of four
(4) dwelling units per acre.
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2.12 Although Eagle City Code Section 8-6-4 allows ten percent (10%) of a PUD to include
uses that the "Official Schedule of District Regulations" show as prohibited, in no case
shall any of those prohibited uses be permitted for this site.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on March 20, 2001, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one (not
including the applicant/representative).
D. Written testimony in opposition to this proposal was presented to the Eagle City Council by one (I)
individual who felt that this application was significantly different than the concept plan that was
presented to the City at the time the Comprehensive Plan Land Use Map designation for this site was
changed to Mixed Use. Two points of major concern were I) the commercial portion of this mixed
use development were to be confined to the corner adjacent to Hill Road and Highway 55, and 2) no
further transition from this development would be needed.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-I4-00 for a rezone from R-4 (Residential-up to four units
per acre) to MU-DA (Mixed Use with a Development Agreement) for IFI Partners with the
following Planning and Zoning Commission recommended conditions to be placed within a
development agreement with strikethrough text to be deleted by the Council and underlined text to
be added by the Council:
2.1 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 Eagle as a part of
the Design Review.
2.2 The Concept Plan represents the Applicant's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur. Such changes, if proposed by the Applicant, shall
be reviewed by the City as "New Business" items and not as "Public Hearing" items
unless the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community or unless the
proposed use is a conditional use (c) as established herein then a public hearing shall
be required. If the City determines that a public hearing shall be held on any proposed
change in the Concept Plan, notice shall be provided as may be required by the City.
2.3 The Property shall be permitted to be developed with approximately I.49-acres
consisting of a maximum of six feüf dwelling units per acre and approximately 1.33-
acres consisting of a maximum of 10,500 gross square feet of commercial buildings.
The Owner acknowledges that the minimum City parking and landscaping
requirements may limit the square footage to less than 10,500 square feet.
2.4 The maximum size for any individuator total combination of commerciatbuilding(s)
shall be 10,500 square feet.
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2.5 For the I.33-acres planned for commercial buildings noted in section 2.4 above, the
only allowed uses shall be as follows:
Permitted (P) Uses:
-Horticulture (general)
-Horticulture (limited)
-Roadside stand (temporary structure)
-Home Occupation
-Planned Unit Development
-Beautv/barber shop
-Bed and Breakfast facility
-Catering Service
-Childcare (family)
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Office, Business and Professional
-Parking Lot, Parking Garage
-Personal Wireless Facilities (Height 35 feet or less)
-Professional activities
-Limited Retail Sales (up to 2.000 square feet)
Uses Requiring a Conditional Use Permit
-Childcare (Daycare Center)
-Childcare (Group)
-Flex Space
-Kennel
-Mortuary
-Nursery, Plant Materials
-Nursing / Convalescent Home
-Industry Research and Development
-Research Activities
-Public Service Facilities
-School, Public or Private
2.6 Only those uses as stated herein, with listed restrictions as mentioned within this
agreement, shall be allowed.
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2.7 Except as provided for herein the development shall comply with the Eagle City Code, as it
exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.8 The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan for this site.
2.9 The applicant shall extend an 8-inch sewer line to the property to the west (known as the
Low property) for future connection to that property.
2.10 The applicant and the abutting parcel to the west shall resolve and provide documentation
concerning the disputed septic easement, prior to the issuance of any building permits.
2.11 The residential portion of the development shall be limited to a maximum density of feaf-
t41 six (6) dwelling units per aere.
2.12 Although Eagle City Code Section 8-6-4 allows ten percent (10%) of a PUD to include
uses that the "Official Schedule of District Regulations" sh9w as prohibited, in no case
shall any of those prohibited uses be permitted for this site.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 28, 2000.
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 November 4, 2000. 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 November 3, 2000. Requests for agencies' reviews
were transmitted on October 5, 2000 in accordance with the requirements of the Eagle City Code.
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 February 8,
2001. 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 February 12,2001.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-I4-00) 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 MU-DA is in accordance with the Mixed Use
classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided (with stipulations in the development agreement), to serve
any and all uses allowed on this property under the proposed zone;
c. The proposed rezone is compatible with the current zoning and uses to the north,
south, east, and west since the development of this site will be limited to only those
uses outlined within the development agreement and since any commercial uses will
have adequate buffers as required with design review;
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d. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan;
e. No non-conforrning uses are expected to be created with this rezone if the
development agreement as proposed is required and subsequently complied with.
DATED this lOth day of April 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
~
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