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Findings - DR - 2004 - DR-78-04 - Convert A 1400 Sq' Single Family Dwelling Into An Office Building/342 E Idaho Street (~ BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONVERT A RESIDENCE INTO AN OFFICE FOR MR. AND MRS. ROBERT KRESGE ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-78-04 The above-entitled design review application came before the Eagle Design Review Board for their action on August 12,2004. 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: Mr. and Mrs. Robert Kresge, represented by James Gipson with James Gipson Associates, are requesting design review approval to convert a 1 ,400-square foot single family dwelling into an office building. The site is located on the north side of East Idaho Street approximately 1O0-feet east of 2nd Street at 342 East Idaho Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 7, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 9, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: DR-79-04 (design review sign application) Page 1 of 12 K:\Plalllting DepllEngle Applicntions\Drl2004\DR-78-04 urf.uoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Central Business District CBD (Central Business Residential dwelling District) Proposed No Change No Change Office North of site Residential Four R-4 (Up to four dwelling units Residential dwelling per acre) South of site Central Business District CBD (Central Business Idaho Street/ Eagle City District) Hall East of site Central Business District CBD (Central Business Vacant District) West of site Central Business District CBD (Central Business Residential dwelling District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional Development Area). H. EXISTING SITE CHARACTERISTICS: There are two buildings on this site, a single-family dwelling and a shop building. There are eight (8) mature trees located on this site, which the applicant is to protect and retain. Page 2 of 12 K:\Plamling DeptlEngle Applicntions\DrI2004\DR-7S-O4 urf.uoc 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 14,282-square feet (0.33-acres) 500-square feet (0.0 I-acres - minimum) Percentage of Site Devoted to 17% (approximately) 20% (minimum)** Building Coverage 85% (maximum)** Percentage of Site Devoted to 68% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 6-parking spaces 7-parking spaces (minimum) Front Setback 25-feet (south)* 10-feet (minimum)** 25-feet (maximum)** Rear Setback 43-feet (north)* O-feet (minimum) Side Setback 8 Y2-feet (west)* O-feet (minimum)** lO-feet (maximum)** Side Setback 31.feet (east)* O-feet (minimum)** 10-feet (maximum)** *Note: Setbacks measured from the property line to the nearest building from the respective property line. ** Note: Building coverage and setbacks as required within the TDA. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two existing buildings of which one will be used for an office and the other for storage. Height and Number of Stories of Proposed Buildings: Office building == 17 W, one story Storage building == 17' , one story Gross Floor Area of Proposed Buildings: Office building == 1,317 -square feet Storage building == 1, 119-square feet Total == 2,436-square feet On and Off-Site Circulation: A 3,792-square foot (approximately) parking area, of which 2,162-square feet (approximately) is to be paved with asphalt and 1,630-square feet (approximately) is to be grass crete, for vehicles using this site. One 12-foot wide driveway is to be located on the south side of this site approximately 4-feet west of the east property line accessing Idaho Street. K. BUILDING DESIGN FEATURES: Roof: Architectural shingles Walls: Hardboard siding Windows/Doors: Vinyl frame FascialTrim: Hardboard rake Page 3 of 12 K:\Plamling DeptlEngle Applicnlions\Drl2004\DR-78-04 drf.uoc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are eight (8) existing trees, of which the applicant will protect and retain. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant will install two (2) Flowering Pear trees to be planted adjacent to Idaho Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping will be installed around the perimeter of the entire parking lot for this site. b. Interior Landscaping: 0% interior landscaping is required, 6% will be installed. M. TRASH ENCLOSURES: The applicant is to locate the trash tote within the storage building. N. MECHANICAL UNITS: The applicant is using ground mounted mechanical units. The ground mounted mechanical units will be screened with a screen wall and landscaping. O. OUTDOOR LIGHTING: One (1) historic light fixture will be installed adjacent to Idaho Street. Six (6) bollard type light fixtures will be installed along the walkways and plaza area on this site. 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, 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 Page 4 of 12 K:\PLnnning DeptlEngJe Applicntions\Drl2004\DR- 78-04 urf.UoC T. SPECIAL ON-SITE PEATURES: 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 - no 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 incorporated herein by reference. 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 United Water Company W. LETTERS FROM THE PUBLIC: Letter from Keith Atkins, City Forester, dated July 26,2004 (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 Central Business District. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-3 If any provision of this article is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or other provision of this code, the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts, the city council may, at their discretion, suspend or relax some or all requirements found in this code, if the city council determines a particular site, setting, or use to be of historical significance. Page 5 of 12 K:\Plnnning DeptlEngle Applicntions\DrI2004\DR-78-O4 drf.uoc . Eagle City Code Section 8-2A-6(A)(6)(g)(3) 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(D)(2)(f) Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five percent (25%) glass. . Eagle City Code Section 8-2A-6(D)(3)(b) Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum where ties to adjoining structures are not desirable. . Eagle City Code Section 8-2A-6(D)(3)(f) Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for. The minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with provisions of this title for structures that include residential uses on floors other than the ground floor. . Eagle City Code Section 8-2A-7(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 8-4-5 SCHEDULE OF PARKING REQUIRMENTS: COMMERCIAL Offices, business and professional 1 per 250 square feet of gross floor area Storage (enclosed building and/or fenced area) 1 per 1,000 square feet of gross storage area C. DISCUSSION: . Per Eagle City Code, the side building setback from the east property line is required to be a minimum of zero feet (0') to a maximum of ten feet (10'). The existing side setback is thirty one feet (31'). Per Eagle City Code, all buildings shall include a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass. The glass on the front (south) of this building is proposed to be twenty three percent (23%). Per Eagle City Code, the lot coverage by the footprint of the structure is required to be a minimum of twenty percent (20%). The existing structures cover approximately seventeen percent (17%). Per Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay district, the City Council may, at their discretion, suspend or relax some or all requirements found in this code, if the City Council determines a particular site to be of historical significance. The location of this building is nestled in an area Page 6 of 12 K:\Plamling DeptlEagle ApplicationslDrl2004\DR- 78-04 drf.Uoc . that may be considered unique due to the proximity to the downtown area and Heritage Park located approximately four hundred fifty feet (450') to the southwest of the site. The City Council on similar applications, determined that the Design Review Ordinance regarding setbacks, percentage of glass on the front of a building, and the lot coverage was to apply to new structures and additions, and that it was not the intent of the City to require existing structures to be rebuilt to meet the setback, glazing, or lot coverage requirements. Per past action of the City Council, setbacks and lot coverage for existing structures have been waived in order to maintain the distinctive look of downtown Eagle. With regard to the percentage of glass on the front of the building, this has been evaluated on a case by case basis to provide the maximum percentage of glass on a building as possible while maintaining the characteristics of the building. Per Eagle City Code, one (1) parking space per two hundred fifty (250) square feet of gross floor area is required for offices and one (1) parking space per one thousand (1,000) square feet of gross storage area is required for storage, the applicant is proposing six (6) parking spaces. The office area is 1,317-square feet which requires 5.2-parking spaces and the storage area is 1,119-square feet which requires 1. I-parking spaces for a total of seven (7) parking spaces required on site. In staff's opinion, there is adequate room on this site to provide the required number of parking spaces. However, the applicant is going to great efforts to protect and save the existing trees on this site by trying to maintain ample distance from the base of the trees and not to construct any parking areas within the drip line of these trees. It is staff's opinion that because the applicant is saving the existing trees that a one (1) parking space reduction be permitted for this site. . Staff defers comment regarding building design and colors to the Design Review Board. ST AFF 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 August 12, 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 4 to 0 (Bowen and Floegel absent) to approve DR-78-04 for a design review application to convert a residence into an office for Mr. and Mrs. Robert Kresge, 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. All electrical and telephone service lines shall be installed underground. The utility poles and overhead power and phone lines shall be removed and installed underground prior to issuance of a certificate of occupancy for this building. 2. All roof vents protruding through the roof and similar features shall be painted to match the color of the roof. The applicant shall be required to paint all roof vents and similar features protruding through the roof with a color matching the color of the roof. Page 7 of 12 K:\Plnnning DeptlEngle Applicntions\Drl2004\DR- 78-04 urf.UoC 3. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of the tree or at the drip line of the tree whichever is furthest) to prevent any damage within the drip line of the trees shall be submitted to the City. The construction fencing shall be installed prior to any construction or demolition takes place on site or issuance of a zoning certificate. ^ cup or a dam shall be bl:lÏlt withia the drip liRe of the tr-ee iB order to retaia water aad Ithe trees shall be watered on a regular basis. No construction activity whatsoever shall take place within the drip line of the trees. 4. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6. No signs are proposed with this application. A separate design review application (DR-79-03) has been submitted for approval of a monument sign for this site. 7. The revised site and landscape plan date stamped by the City on August 12, 2004, is approved with the following modifications: Grass crete or other similar product shall be installed within the twelve foot (12') wide drive aisle from the back of sidewalk adjacent to Idaho Street to the north approximately eight two feet (82'). b. The finish grade elevation of the grass crete (or similar product) shall be designed to provide for the least damage to the roots of the trees. a. Additional plant material with greater height and color variety shall be installed along the north side of the storage building. Provide revised site and landscape plans showing the above mentioned modifications to 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. c. 8. Provide detailed cut sheets showing the style, color, size, etc. of all pedestrian amenities (i.e.: bike rack, bollard light fixtures, benches, pots, etc.) The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 9. Provide a cash surety to the City in the amount of $450.00 for the cost and installation of the three inch (3") Flowering Pear tree proposed to be located approximately fifteen feet (15') east of the west property line adjacent to Idaho Street. The cash surety shall be submitted to the City prior to the City issuing a zoning certificate for this site. 10. Provide detailed information showing the installation ofthe tree well proposed to be located approximately fifteen feet (15') east of the west property line, adjacent to Idaho Street. The information will detail how the grate will be installed and how the hole within the grate will be concealed until such time that the street tree is ready to be installed in this location. The detailed information shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 11. The setbacks, lot coverage, and six (6) parking spaces shown on the site and landscape plans date stamped by the City on August 12,2004, and the amount of glass shown on the south building elevation plans date stamped by the City on July 7, 2004, are approved by the Design Review Board. 12. The Board accepts the proposed building colors as presented. Page 8 of 12 K:\Planning DeptlEngle ApplicntionslDrl2004\DR- 78-04 drf.doc 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 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 Page 9 of 12 K:\Plnnning DeptlEagle Applicntions\Drl2004\DR-78-04 urf.doc 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 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. 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 Page 10 of 12 K:\Plnnning DeptlEagle ApplicntionslDrl2004\DR- 78-04 drf.Uoc Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. IS. 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 July 7, 2004. 2. Requests for agencies' reviews were transmitted on July 9, 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 (DR-78-04) 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, Page 11 of 12 K:\Plamling DeptlEngle ApplicntionslDrl2004\DR- 78-04 drf.Uoc for the CBD (Central Business District) zoning district. DATED this 26th day of August 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Adn ~o ; ÁX:~ Eric R. McCullough, Chai n ATTEST: ",'U""", ......,.., OF E-1 """ ...." ~~ ..'.... 0.( '" :> ,.~ ... ... ~ ~ ~ ",.e ~y 0 R ,1 ,,'.. ~ : . 0 <~. ~ : I (¡ .'.; . . . . =*. ....- :*: . . ~ .. : \~-:~ -, , - , ,,":: : .. . ('ò , . .. ~ (j> .. C... , - " ,,0 ~ "'" ~ .'," .~ ...." '" -1, '. . ,," "'" , ~- \ .~,., "1,..,...,' Page 12 of 12 K:\Plamting DeptlEagle Applications\Drl2004\DR- 78-04 drf.uoc