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Findings - PZ - 2000 - RZ-14-00 - Rezone From R4 To Muda/2.816 Acre ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) A REZONE WITH DEVELOPMENT AGREEMENT) FORIFIPARTNERSII ) FINDINGS OF FACT AND CONCLUSIONS OF LA W CASE NUMBER RZ-14-00 The above-entitled rezone with development agreement application came before the Eagle Planning and Zoning Commission for their recommendation on November 20, 2000. The Commission continued this item to December 18, 2000. The 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. B. 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. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on September 28, 2000. C. NOTICE OF PUBUC 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. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Page 1 of 15 \IEAGLENT 1 ICOMMON\Plannillg DeptlEagle ApplicatiollslRZ&AI2000IRZ.14-00 pzf.ùoc 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 Resi den ti al/Commerci al Development Agreement) North of site Residential Three (3- R-3 (Residential) Gravel extraction site units 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- R-3 (Residential) Residential units per acre max.) G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, IDA 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). 1. 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: Page 2 of 15 \\EAGLENT1ICOMMONIPlamllng DeptlEagle AppticationslRZ&AI2000IRZ-14-00 pzf.doc Ada County Highway District Central District Health Division of Environmental Quality Eagle Fire Department Independent School District of Boise City No.1 o. LETIERS FROM THE PUBLIC: None received to date ST AFF ANALYSIS PROVIDED WITIDN 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 a. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. Page 3 of 15 \IEAGLENT1ICOMMON\P1anning DeptlEagle ApplicatioosIRZ&AI2000IRZ-14-00 pzf.doc 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 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 8-10-1(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 strike-thru recommended to be deleted by staff. (NOTE: The 10,500 square foot building size, as mentioned below, was measured from the submitted concept plan.) Page 4 of 15 \IEAGLENT 1 ICOMMON\Planning DeptlEagle Applications\RZ&A \2000\RZ-14-00 pzf.doc 2.1 The o'.vner shall soomit a Planned UAit Deyelopment (PUD) aFld Conditional Use Permit (CUP) applicatioA for the entire site (iA accordaFlce with Eagle City Code), aFld shall comply '.vith all conditions required by Eagle as a part of the 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 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 1.49- acres consisting of a maximum of six dwelling units per acre and approximately 1.33-acres consisting of a maximum of 12,000 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, 000 10,500 square feet. 2.4 The maximum size for any individual or total combination of commercial building{§lshall 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: Page 5 of 15 \\EAGLENT 1 ICOMMONIPIanning DeptlEagle App1ication.s\RZ&A \2000\RZ-14-00 pzf.doc 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 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) Page 6 of 15 \IEAGLENTl ICOMMONIPlanning DeptlEagle ApplicationslRZ&AI2000IRZ-14.00 pzf.doç H 2.5.2 2.5.3 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/financial 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 NursiFlg/-coFlvalesceBt home Industry O:lstom Industry Limited Industry Research and Development Research activities Public service facilities School, public or private 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 twelve tHousafld (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. .'\lthough Eagle City Code SectioB 8 6 1 allows teA perceBt (10%) of a PUD to iBclude uses that the "Official ScHedule of District Regulations" show as prohibited, iB BO case shall aflY of tHose proHibited uses be permitted for this site. Page 7 of 15 \\EAGLENTI\COMMONIPlanning DeptlEagle App1ications\RZ&A\2000IRZ-14-00 pzf.doe 2.6 Only those uses as stated herein, with listed restrictions as mentioned within this agreement, shall be allowed. 2.7 Except as proYided 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 seryice 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 Comprehensi ve 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 the following 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 strike-thru recommended to be deleted by staff: 2.1 The owner shall submit a PlaRl'led Unit De'/elopment (PUD) aHd Conditional Use Permit (CUP) application for the entire site (in accordaHce with Eagle City Code), afld shall comply with all conditions ref}uired by Eagle as a part of the 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.) Page 8 of 15 \IEAGLENT1\COMMON\P1anning DeptlEagle Applications\RZ&A\2000\RZ-l4-00 pzf.doc 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 1.49- acres consisting of a maximum of six dwelling units per acre and approximately 1.33-acres consisting of a maximum of 12,000 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, 000 10,500 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 Page 9 of 15 \IEAGLENTI ICOMMONIP1anning DeptlEagle Applications\RZ&A\2000IRZ.14-00 pzf.doc 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 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 &"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 2.5.2 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: Page 10 of 15 \IEAGLENT1ICOMMONIPJanning DeptlEagle ApplicationsIRZ&A\2000IRZ-14-00 pzf.doc Banks/financial 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 Nursin~O1:¡yaleseØRt høme Industry C1:1stom Industry Limited Industry Research and Development Research activities Public service facilities School, public or private 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 twelve tflol:1sand (12,000) ten thousand-five hundred (10,500) 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. 2.6 .^..lthOl:1gfl Eagle City Code SectioR g 6 1 allows taR perceRt (10%) of a PUD to include uses that the "Official Schedule of District Regulations" show as prohibited, iR RO case shall any of those prohibited uses be permitted for 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 Page 11 of 15 I\EAGLENTI ICOMMON\Planmng Dept\Eag1e AppticationslRZ&AI2000IRZ-14-00 pzf,doc Transportation / Pathway Network Map #1 as adopted by the City of Eagle on November 9, 1999. 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 1 (Deckers against)(Cadwell abstained) to recommend approval of RZ-14-00 for a rezone from R-4 (Residential) to MU-DA (Mixed Use with development agreement) for IFI Partners n 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 1.49- 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 commercial building(s) shall be 10,500 square feet. 2.5 For the 1.33-acres planned for commercial buildings noted in section 2.4 Page 12 of 15 \IEAGLENTlICOMMON\Planning DeptlEag1e App1icationsIRZ&AI2OOO1RZ-I4-00 pzf.doc above, the only allowed uses shall be as follows: Permitted (P) Uses: - Horticulture(general) - Horticul ture(limi ted) -Roadside stand (temporary structure) -Home Occupation -Planned Unit Development -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 Page 13 of 15 \IEAGLENTI ICOMMONIP1anning DeptlEagle Applications\RZ&A\20001RZ-14-00 pzf.doc 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. 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. 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. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-14-00) 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: Page 14 of 15 K:\Planning DeptlEagle ApplicationslRZ&AI2000IRZ-14-00 pzf.doc 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 reveiw; 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-conforming uses are expected to be created with this rezone if the development agreement as proposed is required and subsequently complied with. DATED this 16th day of January, 2001. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Page 15 of 15 \IEAGLENT1ICOMMONIPlanning DeptlEagle ApplicationsIRZ&A12000IRZ.14-00 pzf.doc