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Findings - DR - 2016 - DR-23-16 - Common Area Landscping In Ashbury Business ParkBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN ASHBURY BUSINESS PARK SUBDIVISION FOR SCS BRIGHTON LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -23-16 The above -entitled design review application came before the Eagle Design Review Board for their action on April 28, 2016. The Design Review Board 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: SCS Brighton LLC, represented by Van Elg with Brighton Development, is requesting design review approval to construct the common area landscaping within Ashbury Business Park. The 1.74 -acre site is located on the northwest corner of North Meridian Road and West Bavaria Street approximately 400 - feet north of West Chinden Boulevard. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 22, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on March 23, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 16, 2007, the City Council approved a comprehensive plan amendment from Transitional Residential (Ada County designation) to Professional Office for a portion of this original site (CPA - 09 -06). On March 27, 2007, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) and preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52 -acre site is located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian Road at 6615 North Meridian Road (A-19-06/RZ-25-06 and PP -19-06). On August 28, 2007, the City Council approved the final plat for Castlebury West Business Park No. 1 for Capital Development, Inc. (FP -08-07). On March 11, 2008, the City Council approved the final plat for Castlebury Business Park No. 2 for Capital Development, Inc. (FP -01-08). On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for the property located on the northeast corner of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation (once the property is contiguous to Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Page 1 of 10 KAPlanning Dept\Eagle App1ications\Dr\2016XDR-23-16 Ashbury BP drf.docx Transition) to C -3 -DA (Highway Business District with a Development Agreement) (CPA -5-08 & A- 03-08 & RZ-8-08). On November 25, 2009, the Eagle City Council approved a de -annexation of this property (Ordinance 614). On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) for Capital Development, Inc. (A-04-09/RZ-04-09). On June 25, 2013, the City Council approved a development agreement modification and preliminary plat for Ashbury Subdivision a 246 -lot (214 -buildable, 13 -commercial and 19 -common) subdivision for SCS Brighton, LLC (RZ-04-09 MOD/PP-02-13). On September 10, 2013, the City Council approved the final plat for Ashbury Subdivision No. 1 for SCS Brighton, LLC (FP -12-13). On March 13, 2014, the Design Review Board approved the common area landscaping within Ashbury Business Park No. 1 for SCS Brighton LLC (DR -08-14). On March 22, 2016, the Eagle City Council approved an extension of time for the final plat for Ashbury Business Park Subdivision No. 1 (EXT -03-16). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: West Bavaria Street, located adjacent to the south property line of this site, was constructed with curb, gutter, 5 -foot wide separated sidewalk, and an 8 -foot wide planter strip with street trees and grass. I. SITE DATE: Page 2 of 10 KAPlanning DeptTagle ApplicationADd2016\DR-23-16 Ashbury BP drtdocx COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential MU -DA (Mixed Use with Agriculture Development Agreement) Proposed No Change No Change Commercial use North of site Residential Estates RUT (Rural -Urban Church of Latter Day Transition -Ada County Saints Designation) South of site Transitional Residential, MU -DA (Mixed Use with a Castlebury Business Park Professional Office and development agreement) City of Meridian Area of Impact East of site Residential Estates and R-1 (Residential up to one Castlebury West Residential One unit per acre) Subdivision West of site Mixed Use and MU -DA (Mixed Use with a Ashbury Subdivision Transitional Residential I development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: West Bavaria Street, located adjacent to the south property line of this site, was constructed with curb, gutter, 5 -foot wide separated sidewalk, and an 8 -foot wide planter strip with street trees and grass. I. SITE DATE: Page 2 of 10 KAPlanning DeptTagle ApplicationADd2016\DR-23-16 Ashbury BP drtdocx Total Acreage of Site — 1.74 -acres Total Number of Lots — 4 Residential — 0 Commercial — 4 Industrial — 0 Common — 0 J. GENERAL SITE DESIGN FEATURES: Open Space: Will provide a total of 10% of common area, 10% minimum is required. Storm Drainage and Flood Control: The applicant as required by the Subdivision Ordinance has submitted street drainage plans. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Meridian Fire District. On-site Septic System (yes or no) - No Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. BUILDING DESIGN FEATURES: N/A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located within the landscape strip between the sidewalk and West Bavaria Street. The applicant is proposing to remove four (4) of the street trees in order to accommodate the two (2) driveways that will be constructed to access this development. The four (4) trees removed are to be transplanted in the center landscape island within the parking lot. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: The street trees along West Bavaria Street were installed by the developer of Castlebury West Business Park. The applicant is proposing street trees along Meridian Road between the edge of pavement and Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Page 3 of 10 KAPlanning DeptTagle ApplicationADA2016OR-23-16 Ashbury BP drf.docx Perimeter landscaping is proposed around the perimeter of the site with the exception of the north property line. There is an existing 6 -foot high vinyl fence around the Church of Latter Day Saints located to the north of this site. b. Interior Landscaping: 10% interior landscaping is required, 14% is proposed. N. TRASH ENCLOSURES: One 168 -square foot trash enclosure is proposed to be located in the northwest corner of the parking lot. The enclosure is proposed to be constructed of CMU with cultured stone veneer and painted metal gates. O. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report and is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Idaho Transportation Department Tesoro Logistics NW Pipeline Page 4 of 10 KAPlanning DeptEagle Applications\DA2016DR-23-16 Ashbury BP drf.docx W. 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: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 10 units per 1 acre. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8 -2A -7(C)(1) 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree 1 inch to 6 inches caliper 6'/4 inches to 12 inches r—- -... . 12'/4 inches or more Replacement �1 2x caliper of tree removed 1.5x caliper of tree removed lx caliper of tree removed 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C1 of this section. • Eagle City Code Section 8 -2A -7(M) Parkway Strips, Separated Sidewalks, And Street Trees: 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over streets. 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. Page 5 of 10 KAPlanning Dept\Eagle ApplicationADA2016DR-23 16 Ashbury BP drf.docx • Eagle City Code Section 8-3-3(D) Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the council is provided. Such screening shall be a masonry or solid fence between four (4) and eight feet (8') in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting. C. DISCUSSION: The applicant is proposing to construct the common area landscaping within Ashbury Business Park, a 4 -lot commercial development on 1.74 -acre site. The applicant is constructing the parking lot associated with the four (4) commercial lots, the landscaping within and around the parking area, the street trees along Meridian Road, and the landscape buffer adjacent to the west property line. The street trees were installed by the developer of the business park to the south of this development (Castlebury West Business Park). The four (4) individual pad sites will be left undeveloped until such time a design review application will be required to be submitted for the review of the building elevations and additional landscaping required on each lot. The landscape plan, date stamped by the City on March 22, 2016, shows street trees to be located along Meridian Road; however, it does not show the street trees planted in relation to the curb and gutter located along Meridian Road. Pursuant to Eagle City Code, sidewalks are required to be separated from the curb along all streets by an eight foot (8') wide minimum parkway planter strip and planted with shade class trees. The applicant should be required to provide a revised landscape plan showing curb and gutter, a separated sidewalk, and an eight foot (8') wide planter strip planted with shade class trees thirty five feet (35') on center along Meridian Road. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. • Staff defers comment regarding the landscape design to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on April 28, 2016, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 3 to 0 (Schafer abstained; Grubb and Germano absent) to approve DR -23-16 for a design review application to construct the common area landscaping within Ashbury Business Park Subdivision for SCS Brighton LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. Page 6 of 10 KAPlanning Dept\Eagle ApplicationADA2016DR-23-16 Ashbury BP drf.docx SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of Ashbury Subdivision (RZ-04-09 MOD and PP -02-13). 2. Provide a revised landscape plan showing curb and gutter, a separated sidewalk, and an eight foot (8') wide planter strip planted with Class I slime-elass trees thirty five feet (35') on center along Meridian Road. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City Clerk signing the final plat. 3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 4. No signs are proposed with this application. A separate design review application is required prior to any signs being constructed on this site. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 a Zoning Certificate for this site. 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 and 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 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 Page 7 of 10 KAPlanning DeptEagle ApplicationADA2016DR-23 16 Ashbury BP drLdocx 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. 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 issuance of any Certificate of Occupancy. 11. 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. 12. 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. 13. 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." b. 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. c. 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 (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in Page 8 of 10 KAPlanning DepttEagle ApplicationADr12016DR-23-16 Ashbury BP drf.docx writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. 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. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. 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. 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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 City Council. 21. 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 the City Council for review and approval. 22. 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. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. 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 of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council approval date). Page 9 of 10 KAPlanning DeptTagle ApplicationADA2016MR-23-16 Ashbury BP drf.docx 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -23-16) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the MU -DA (mixed use with development agreement) zoning district. DATED this 12`x' day of May 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho „= ITOo e bb, Chairman ATTEST: sk-�� (440 - Sharon K. Bergmann, Eagle City Clerk O� EAG -� r•••....• •• PRAT••• C� + • O = U ,•ar 0,00 ''•..TATE OR Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 10 of 10 KAPlannutg DeptTagle ApphcauonADA20 ADR 23 16 Ashbury BP drf.docx