Findings - DR - 2004 - DR-44-04 - Construct A 5789 Sq' Restaurant Facility/287 E Shore Drive
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW TO CONSTRUCT A
REST AURA NT FACILITY FOR ROBERT GODSILL
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-44-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 10, 2004. 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:
Roger Godsill, represented by Rocky Towle with Design Resources Architects, is requesting
design review approval to construct a 5,789-square foot restaurant facility. The site is located on
the south side of East Shore Drive approximately 820-feet east of Eagle Road within the Eagle
River Development at 287 East Shore Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 8, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 19, 2004, 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 a preliminary plat (PP-14-00) for this site.
On May 8, 2001, the Eagle City Council approved a final plat (FP-13-01) for this site.
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat
(PPIFP-I-01) for this site.
R COMPANION APPLICATIONS: DR-45-04 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle River
development agreement) Development
Proposed No Change No Change Restaurant
North of site Mixed Use MU-DA (Mixed Use with East Shore Drive/ proposed St.
development agreement) Alphonsus Regional Medical
Center
South of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle River
development agreement) Development
East of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle River
development agreement) Development
West of site Mixed Use MU-DA (Mixed Use with PondlBardenay Restaurant and
development agreement) DistilIerylHilton Garden Inn
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There are street trees located along East Shore Drive.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 29,300-square feet (0.67-acres) 7,000-square feet (0. 16-acres)
Percentage of Site Devoted to 19% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 34% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 36-parking spaces 39-parking spaces (minimum)
Front Setback 32-feet (north) 20-feet (minimum)
Rear Setback 28-feet (south) 20-feet (minimum)
Side Setback 20-feet (west) 7.5-feet (minimum)
Side Setback 98-feet (east) 7.5-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a restaurant.
Height and Number of Stories of Proposed Buildings:
Gross Floor Area of Proposed Buildings: 5,789-square feet
On and Off-Site Circulation:
A 13,446-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide shared driveway is proposed to be located on the north side of this site on
the east property line of this site providing access to East Shore Drive. One 28-foot wide shared
driveway is proposed to be located on the properties to the east of this site providing access to the
north/south roadway located 150-feet east of this site.
K. BUILDING DESIGN FEATURES:
Roof: Flat roof (EPDM)
Walls: Cultured stone, brick with stucco above
WindowsIDoors: KallWall and spandrel glazing, wood doors
FascialTrim: Stucco or EFIS cornice, cultured stone belt course
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
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: 8% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 120-square foot trash enclosure is proposed to be located near the northeast comer of this site
approximately 65-feet south of the driveway on East Shore Drive. The enclosure is proposed to be
constructed of CMU walls with stucco finish and cultured stone wainscoting with metal gates, all
of which will match the colors and materials used in the construction of the building.
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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. No ground mounted mechanical equipment is
proposed with this application and none are approved.
O. OUTDOOR LIGHTING:
One (1) double headed 250-watt high pressure sodium light fixture is proposed to located within
the parking lot of this site. No building lighting has been proposed with this application and none
is approved.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-45-04) has
been submitted for the approval of a master sign plan.
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 flood way 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 attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from John Swartz, Construction Manager for Eagle River Development, date stamped by
the City on May 5, 2004.
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:
.
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.
.
Section 8-2A-6(A)(5)(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).
Section 8-2A-6(B)(5)(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.
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
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 (5) shrubs
per thirty five (35) linear feet of perimeter.
Section 8-2A-8(M)(11)
.
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Sculptures, fountains, mosaics and design features which do not incorporate advertising or
identification.
.
Section 8-2A-8(M)(11)
Murals shall not be considered signs as long as the mural is not used or is intended for use as
business identification. Murals shall be nostalgic in nature and shall follow the theme of Eagle
architecture. After receiving a recommendation from the Eagle arts commission, all murals
shall be reviewed and approved by the design review board and city council.
.
Section 8-4-5
Restaurants, dining rooms, taverns
nightclubs, etc.
1 per 150 square feet of gross floor area; plus I
per 35 square feet dance floor
C. DISCUSSION:
.
The applicant has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross access between
parcels. 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 (5) shrubs per thirty five (35) 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 City Code and the design
guidelines of Eagle River Development require extensive landscaping to buffer the parking lot
from the public right-of-way that the applicant should not be required to provide a perimeter
landscape strip on the north and west property lines.
The applicant is proposing to construct a three dimensional sports muraUsculpture on the north
building elevation which faces East Shore Drive. The proposed muraUsculpture is to consist of a
race car, baseball player, and a football player. It is staff s opinion that the architecture, colors,
and materials proposed in the construction of this building have been well thought out and to
construct a three dimensional sports theme on the north building elevations detracts from the
quality of the building. The applicant's representative, Rocky Towle, has assured City Staff that
the muraU sculpture will be completed very tastefully; however, staff is concerned with the scale of
this muraUsculpture as it is six hundred and sixty (660) square feet. Staff defers comment
regarding the design of the three dimensional sports muraUsculpture to the Design Review Board.
.
.
The applicant has proposed to construct thirty six (36) parking spaces with the construction of this
building. Per Eagle City Code, a restaurant use requires one (1) parking spaces per one hundred
and fifty (150) square feet of gross floor area, which would require thirty nine (39) parking spaces
to be constructed with this building. The applicant should be required to provide a revised site and
landscape plan showing the addition of three (3) parking spaces. The revised site and landscape
plan should 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.
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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on June 10, 2004, 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 6 to 0 (Grubb absent) to approve DR-44-04 for a design review application to
construct a restaurant facility for Robert Godsill, 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 site and landscape plan showing the installation of a bick rack and other pedestrian
amenities. Detailed cut sheets showing the style and color shall be provided to the City. The revised
site and landscape plans and detailed cut sheets shall be reviewed and approved by staff prior to the
City issuing a zoning certificate for this site.
2. Provide a revised site and landscape plan showing the addition of two (2) tkree (3) parking spaces.
The revised site and landscape plan 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.
3. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
4. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
5. No signs are proposed with this application. A separate design review application (DR-45-04) has been
submitted for the approval of a sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
6. Provide a revised landscape plan showing the outdoor patio areas located on the east and west sides of
the building to be constructed with stamped concrete. The plan shall indicate the type of stamp and
color to be used in the construction of the patios. The revised landscape plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
7. Provide material and color samples of the translucent roof panels proposed to be located over the
outdoor patio areas. The material and color samples 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.
8. This site will be integrated with the surrounding properties, thus the Board supports the site and
landscape plans as presented without a perimeter landscape buffer on the east and south sides of the
parking lot.
9. Provide a revised landscape plan showing the entire landscape island located near the southwest comer
of the building to be landscaped. The revised landscape plan shall be reviewed and approved by staff
prior to the City issuing a zoning certificate for this site.
10. Provide detailed cut sheets of the goose-neck light fixtures showing the style, wattage, height, color,
and luminarie to be used in the light fixture. The detail~d cut sheets shall be reviewed and approved
by staff prior to the City issuing a zoning certificate for this site.
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11. The mural as presented on Sheet A2.1. date stamped by the City on May 5. 2004. is not approved.
Provide a revised elevation plan showing a decrease in the overall size of the mural while
incorooratinlJ: a historic theme (i.e.: roadster cars. athletes in historic uniforms). The mural shall be
reviewed and approved by the Eagle Arts Commission prior to returning to the Design Review Board.
The mural shall be reviewed and approved by the Design Review Board and City Council prior to the
City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
I. 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
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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. 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 fife hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
Co 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 fife 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 Councilor 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.
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16. 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.
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).
25. 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 8, 2004.
2. Requests for agencies' reviews were transmitted on April 19, 2004, 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
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(DR-44-04) 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.
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 24th day of June 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Æ.~
Clerk
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