Findings - DR - 2005 - DR-22-05 - Construct A 22,096 Sq' 2-Story Multi-Tenant Office Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A TWO STORY MUL TI- TENANT OFFICE
BUILDING FOR EAGLE RIVER, LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-ll-OS
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 12, 2005. The Eagle 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:
Eagle River LLC, represented by Andrew Erstad with Erstad Thornton Architects, is
requesting design review approval to construct a 22,096-square foot two story multi-tenant
office building. The site is located on the north side of East Shore Drive approximately 470-
feet southwest of East Riverside Drive (Lot 8, Block 2 of Mixed Use Subdivision No.3).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 7, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 8, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development
agreement (including a concept plan) for this site.
On April 24, 2001, the Eagle City Council approved the preliminary plat for Mixed Use
Subdivision No.1 (PP-14-00) for this site.
On May 8, 2001, the Eagle City Council approved the final plat for Mixed Use Subdivision No.1
(FP-13-0l) for this site.
On May 13, 2003, the Eagle City Council approved the preliminary plat for Mixed Use
Subdivision No.5 (PP-1-03) for this site.
On December 16, 2003, the Eagle City Council approved the final plat for Mixed Use Subdivision
No.5 (FP-12-03) for this site.
E. COMPANION APPLICATIONS: DR-23-05 (master sign plan for this building)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use MU-DA (Mixed use with Vacant
development agreement)
Proposed No Change No Change 2 story multi-tenant office
building
North of site Mixed Use MU-DA (Mixed use with 2 story multi-tenant office
development agreement) building
South of site Mixed Use MU-DA (Mixed use with Reid Merrill Sr.
development agreement) Community Park
East of site Mixed Use MU-DA (Mixed use with Pond
development agreement)
West of site Mixed Use MU-DA (Mixed use with The Land Group office
development agreement) building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The parking lot improvements (i.e.: drainage, asphalt,
landscape islands) including the perimeter parking lot landscaping along East Shore Drive have
been installed.
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 56, 1 92-square feet (1.29-acres) 7,00-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 20% (approximately) SO% (maximum)
Building Coverage
Percentage of Site Devoted to 36% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 88-parking spaces 88-parking spaces (minimum)
Front Setback 20-feet (south) 20-feet (minimum)
Rear Setback 23-feet (east) 20-feet (minimum)
Side Setback lO-feet (north) 7.S-feet (minimum)
Side Setback 13S-feet (west) 7.S-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for office.
Height and Number of Stories of Proposed Buildings: Thirty five feet (35') in height, two (2) stories.
Gross Floor Area of Proposed Buildings: First floor =
Second floor =
Total =
11 ,048-square feet
1O,858-square feet
2 1,906-square feet
On and Off-Site Circulation:
A 24,598-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is located on the south side of this site approximately 35-feet east
of the west property line providing access to East Shore Drive.
K. BUILDING DESIGN FEATURES:
Roof: Single-ply (White)
Walls: Masonry - Brick (Baja Brown), EIFS - Cornice (Sandstone), Renaissance Stone (Sandrift)
Windows/Doors: Metal (Champagne)
Fasciaffrim: Metal trim (Sandstone)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along East Shore
Drive and within the drainage swale area. The applicant is proposing to retain all the trees on site.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees were installed by the developer of Eagle River Development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has not been proposed around the perimeter of the
parking lot because this site will be integrated with the surrounding properties
providing cross access between parcels.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 230-square foot trash enclosure has been constructed near the northwest comer of this site.
The trash enclosure is shared by the abutting properties.
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N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be screened by the parapet walls of the building. No ground mounted mechanical
units are proposed and none are approved.
O. OUTDOOR LIGHTING:
The parking lot lighting for this site has been installed and complies with Eagle City Code with
regard to height, luminaire, and wattage. The applicant is proposing to use decorative wall
mounted light fixtures around the perimeter of the building. Goose-neck light fixtures are
proposed to illuminate future building wall signage.
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 A V AILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have been received by the City. 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 - Yes, Boise River Floodplain
Note: all floodplain and floodway concerns were addressed by the applicant as a part of
the Eagle River Preliminary Plat application, the Mixed Use Subdivision No.1 final plat
application, and associated floodplain development permit application.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under
Areas of Critical Environmental Concern above).
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC: None received to date.
Letter from John Swartz, Construction Manager for Eagle River, date stamped by the City on April
6, 200S (is incorporated herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-1-2 ROOF-MOUNTED MECHANICALS:
.
All equipment mounted above the roof plane of a building, including, but not limited to,
heating and air conditioning equipment, antennas, satellite dishes, and other equipment
necessary to establish a controlled interior environment. All roof-mounted mechanicals shall
be screened from view.
Eagle City Code Section 8-2A-6(A)(S)(b)
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
Eagle City Code Section 8-2A-6(B)(S)(c)
.
Roof-mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color of the roof.
Eagle City Code Section 8-2A-6(C)(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 Cl of this section.
.
Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
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requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (S) shrubs
per thirty five (35) linear feet of perimeter.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: None
D. DISCUSSION:
. The landscape plan date stamped by the City on April 7, 200S, shows a seven foot (7') wide
sidewalk to be constructed on the west side of the building and terminating at the southwest comer
of the building. Per the Eagle River Pathway plan date stamped by the City on July 8, 2004, the
five foot (S') wide concrete sidewalk proposed on the west side of the building is required to
connect to the five foot (S') wide detached sidewalk located along East Shore Drive. The
applicant should be required to provide a revised landscape plan showing a five foot (S') wide
sidewalk to be constructed from the sidewalk proposed on the west side of the building to the
detached sidewalk located along East Shore Drive. The revised landscape plan should be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
The elevation plans date stamped by the City on April 7, 200S, indicate windowsills to be installed
under the first floor windows on the west elevation. No windowsills have been proposed under the
windows on the north, south, or east elevations. The applicant should be required to provide
revised building elevation plans showing windowsills to be constructed under all first floor
windows on all building elevations. The revised building elevation plans should be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
.
.
The elevation plans date stamped by the City on April 7, 200S, shows Arriscraft Renaissance
Stone to be incorporated into the Interstate Brick on all four building elevations. On the south and
west building elevations the six foot (6') wide by six and one halffoot (6 W) high windows, and
the entry doors on the west building elevation, are to be inset in the Arriscraft Renaissance Stone
with additional relief by another inset around the perimeter of the windows. The north building
elevation shows windows to be inset within the Arriscraft Renaissance Stone that span almost the
entire height of that building elevation with no additional inset around the windows. It is staff s
opinion that the window system proposed on the north elevation does not correspond with the
windows and doors proposed on the south, west and east elevations within the Arriscraft
Renaissance Stone. If it is the applicant's desire to provide natural light within the stair tower and
hallway area located behind the windows on the north building elevation, it is staff's opinion that
natural light can be provided within this area by using a window system that matches that which is
proposed on the three other building elevations. In addition, the roof plan indicates a sky light to
be located over the open lobby area within the center of the building which will provide additional
natural light to this area. The applicant should be required to provide revised elevation plans
showing the window systems on all four elevations to match with regard to inset, size, and
location. The revised elevation plans should be reviewed and approved by the Design Review
Board prior to the City issuing a zoning certificate for this site.
The applicant has not proposed continuous landscaping around the southern and western
perimeters of the parking lot because this site will be integrated with the surrounding parcels to
share common access drive aisles. Per Eagle City Code, a minimum five foot (5') wide perimeter
landscaped strip is required between the property lines and the parking lot and should be planted
with a minimum of one shade tree and five (S) shrubs per thirty five (3S) linear feet of perimeter.
It is staff's opinion that because this site will be integrated with the surrounding properties,
providing cross access between parcels, and because the landscape buffer requirements of Eagle
.
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City Code and the design guidelines of Eagle River Development require extensive landscaping to
buffer the parking lot from the public right-of-way, the applicant should not be required to provide
a perimeter landscape strip on the north and east property lines.
Staff defers comment regarding building design and colors 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 was held on the application before the Design Review Board on May 12, 200S, 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 4 to 0 (Barnes, Bowen, and Floegel absent) to approve DR-22-0S for a design
review application to construct a two story multi-tenant office building for Eagle River, 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised landscape plan showing a five foot (S') wide sidewalk to be constructed from the
sidewalk proposed on the west side of the building to the detached sidewalk located along East Shore
Drive. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
2. Provide revised building elevation plans showing windowsills to be constructed under all first floor
windows on all building elevations. The revised building elevation plans shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
3. Provide revised elevation plans showing the north building elevation with three dimensional relief and
additional detail (i.e.: inset the stone similar to the south building elevation and provide a stone ledg:er
over the window system as shown on the three other building elevations). wiHdow systems on all four
elevatioRs to match witl1 røgar-d tø iHset, size, aHd 10catioH. The revised elevation plans shall be
reviewed and approved by staff and one member of the Design Review Board prior to the City issuing
a zoning certificate for this site.
4. No ground mounted mechanical units are proposed with this application and none are approved.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Provide a copy of the written approval of the site grading plan from Eagle River prior to the City
issuing a zoning certificate for this site.
7. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
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the City Engineer.
9. No signs are proposed with this application. A separate design review application (DR-23-05) has been
submitted for the approval of a master sign plan for this building. The sign application shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
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Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. 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.
11. 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.
12. 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 inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
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.
13. 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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
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River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. 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.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. 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.
22. 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.
23. 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.
24. 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 Design Review Board approval date).
2S. 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.
26. 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 application for this item was received by the City of Eagle on April 7, 200S.
2. Requests for agencies' reviews were transmitted on April 8, 200S, in accordance with the requirements
of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-22-05) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
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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.
4. 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 26th day of May 200S.
ATTEST:
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