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Findings - DR - 2004 - DR-83-04 - Construct An 8908 Sq' Multi-Tenant Retail Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MULTI-TENANT RETAIL BUIILDING FOR DAVE BUICH AND GREG HALL ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-83-04 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: Dave Buich and Greg Hall, represented by Scott Marshall with LKV Architects, are requesting design review approval to construct an 8,908-square foot multi-tenant retail building. The site is located on the northeast comer of the intersection of East State Street, South Edgewood Lane, East Iron Eagle Drive, and East McGrath Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 8, 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-84-04 (design review sign application) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Business Park C-2 (General Business District) Vacant Proposed No Change No Change Multi-tenant retail building North of site Commercial C-2 (General Business District) Vacant South of site Business Park BP (Business Park District) East State StreetlVacant East of site Business Park! C-2 (General Business District) New Horizons Child Care Commercial facility West of site Commercial! Mixed Use M-1 & MU (Heavy Industrial Precision Panel! Proposed District & Mixed Use District) multi-tenant retail building Page 1 of 11 K:\Plalllung DeptlEagle AppticationsIDrl2004IDR-83-04 drf.doc G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: N/A 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 40,273-square feet (O.92-acres) 1,300-square feet (O.03-acres) (minimum) Percentage of Site Devoted to 22% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 40% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 36-parking spaces 36-parking spaces (minimum) Front Setback 19-feet (southwest) O-feet Rear Setback O-feet (northeast) O-feet Side Setback 30-feet (southeast) O-feet Side Setback 80-feet (northwest) O-feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a multi-tenant retail building. Height and Number of Stories of Proposed Buildings: 35-feet, one story. Gross Floor Area of Proposed Buildings: 8,908-square feet On and Off-Site Circulation: A 15,077-square foot (approximately) paved parking lot is to be used for vehicles using this site. One 25-foot wide driveway is to be located on the south side of this site approximately 135-feet west of the northeast property line, providing access to East State Street. One 30-foot wide driveway is to be located on the west side of this site, approximately 190-feet south of the north property line, providing access to East State Street. K. BUILDING DESIGN FEATURES: Roof: Single ply roofing with parapet walls, metal roofing Walls: Stucco, flagstone veneer and split face CMU Windows/Doors: Aluminum store front window systems Fasciaffrim: Pre finished metal Others: Metal standing seam roofing and front entries. Page 2 of 11 K:\Plalllling DeptlEagle AppticationsIDrl2004IDR-83-04 drf.doc 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 applicant is installing sixteen (16) trees adjacent to East State Street (both the south and southwest property lines). 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 this site. b. Interior Landscaping: 8% interior landscaping is required, 9% will be installed. M. TRASH ENCLOSURES: One 1O8-square foot trash enclosure is to be located near the northwest comer of the site approximately 70-feet north of the driveway on East State Street. The enclosure is to be constructed of CMU block and metal gates, all of which will match the materials and colors used in the construction of the building. N. MECHANICAL UNITS: The applicant is using roof-top mechanical units. The applicant indicates within the application that the roof-top mechanical units will be screened by the parapet walls. No ground mounted mechanical units are proposed with this application and none are approved. O. OUTDOOR LIGHTING: Five (5), one hundred-fifty (150) watt, high pressure sodium, historic light fixtures will be installed adjacent to East State Street. Three (3), one hundred-fifty (150) watt, high pressure sodium light fixtures will be located within the parking lot of this site. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-84-04) has been submitted and is required for the approval of any signs for this site. The master sign plan application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 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. Page 3 of 11 K:\Plalllung DeptlEagle AppticatiooslDrl2004IDR-83-04 drf.doc 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 - 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 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: 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). ST AFF 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 Business Park. 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. Page 4 of 11 K:\Plalllung DeptlEagle AppticationsIDrl2004IDR-83-04 drf.doc . Eagle City Code Section 8-2A-6(A)(5) Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. . Eagle City Code 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). 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-7(K)(4)(b)(5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass. C. DISCUSSION: . The applicant is proposing to use roof-mounted mechanical units with the construction of this building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely screened from view through the use of a parapet wall or enclosed within the building. The applicant has not shown details (i.e.: height and size) and the location of the mechanical units in relation to the parapet wall. The applicant should be required to provide revised elevation plans showing that the roof-top mechanical units are completely screened from view by the parapet wall. 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. No ground mounted mechanical units are proposed with this application and none are approved. There are overhead power lines located on this site's southwest property line along East State Street. Per Eagle City Code, electrical service systems shall not detract from the building or site design and are required to be located underground. The applicant should be required to provide a revised site plan showing all overhead power lines located on the southwest property line to be located underground. The revised site plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . . The applicant is not proposing a deciduous tree to be planted within the landscape island located north of the monument sign, nor within the landscape island located on the west side of the driveway located on the south property line. The applicant should be required to provide a revised landscape plan showing one deciduous shade tree to be planted within the landscape island located north of the monument sign and within the landscape island located on the west side of the driveway located on the south property line. The revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. The applicant is proposing to install street trees north of the meandering sidewalk (on the east side of the driveway located on East State Street) adjacent to East State Street (along the south property line). The applicant should be required to provide a revised landscape plan showing the eastern . Page 5 of 11 K:\Planning DeptlEagle AppticationslDTl2004\DR-83-04 drf.doc . most street tree located east of the driveway on East State Street (along the south property line) to be located on the south side of the meandering sidewalk. The revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. The applicant is proposing to construct a CMU block wall with metal gates around the gas regulation station located north of the driveway located on East State Street (southwest property line) as well as the trash enclosure located near the northwest comer of the site. The applicant should be required to provide detailed elevation plans showing the construction materials and colors to be used in the construction of the gas regulation station and the trash enclosure. The revised elevation plans 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. . The landscape plan, date stamped by the City on July 8, 2004, does not indicate grass or sod to be planted on this site. Staff is assuming that the applicant is proposing to plant grass between the back of curb and the meandering sidewalk adjacent to East State Street, and within the retention pond areas. The applicant should be required to provide a revised landscape plan indicating the areas that will have grass. The revised landscape plan should be reviewed and approved by staff 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. 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-83-04 for a design review application for a multi-tenant retail building for Dave Buich and Greg Hall, 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 revised elevation plans showing that the roof-top mechanical units are completely screened from view by the parapet wall. The revised elevation plans shall be reviewed and approved by staff the Desiga Review Board prior to the City issuing a zoning certificate for this site. No ground mounted mechanical units are proposed with this application and none are approved. 2. Provide a revised site plan showing all overhead power lines located on the southwest property line to be located underground. The revised site plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 3. Provide a revised landscape plan showing one deciduous shade tree to be planted within the landscape island located north of the monument sign and within the landscape island located on the west side of the driveway located on the south property line. The revised landscape plan shall be reviewed and Page 6 of 11 K:\Planning DeptlEagle AppticationslDTl2004\DR-83-04 drf.doc approved by staff prior to the City issuing a zoning certificate for this site. 4. Provide a revised landscape plan showing the eastern most street tree located east of the driveway on East State Street (along the south property line) to be located on the south side of the meandering sidewalk. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 5. Provide detailed elevation plans showing the construction materials and colors to be used in the construction of the gas regulation station and the trash enclosure. 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. 6. Provide a revised landscape plan indicating the areas that will have grass. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 7. Provide detailed cut sheets showing the style, material, colors, etc. of the bench and bike rack proposed within the plaza near the southeast comer of the building. The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 10. No signs are proposed with this application. A separate design review application (DR-84-04) has been submitted for the approval of a master sign plan for these buildings. The master sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 11. Provide revised site and landscape plans showing the eastern driveway on East State Street to be in alignment with McGrath Road as required by the Ada County Highway District. The revised plans shall show the revised location of all plant material and site amenities. The revised site and landscape 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. 12. Provide a revised landscape plan showing Keyed Notes "L" to indicate the installation of grass crete or similar product for the fire department access. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 13. Provide a revised landscape plan showing all plant material located within designated planter beds. The revised landscape plan shall show new planter beds on the east and west ends of the building planted with tall plant material (4' to 5' minimum height). The revised 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. 14. Provide a revised site plan showing the removal of the power pole lights and replaced with historic lights that comply with Eagle City Code. The revised site plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 15. Provide revised building elevation plans indicating that the backside (north side) of the raised parapet walls (located on the north side of the building) are to be finished in the same materials and colors as the south side of the parapet walls. The revised elevations shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 16. Provide a revised elevation plan showing more horizontal and vertical relief through the use of materials and colors on the north building elevation. The revised elevation plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning Page 7 of 11 K:\Plmming DeptlEagle ApplicationslDTl2004\DR-83-04 drf.doc 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. S. 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. Page 8 of 11 K:\Plmming DeptlEagle AppticationslDTl2004\DR-83-04 drf.doc 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 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 Page 9 of 11 K:\Plmming DeptlEagle AppticationslDTl2004\DR-83-04 drf.doc 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 July 8, 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-83-04) 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. Page 10 of 11 K\Plmnung DeptlEagle AppticationslDTl2004\DR-83-04 drf.doc 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the C-2 (General Business District) zoning district. DATED this 26th day of August 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ß~f{f;þ Eric R. McCullough, Cha rman ATTEST: ty Clerk ,ø"'.".", ~" ." ~~~ Of BAG¡ "" "-,,, ~ ....... ~(;> '. !t ;(".... . .".. \ / t; / ~ OR. :-, .. -:. . . Oç, . ~ ':. : :r, ~ : ..v "'~ ,- i , ..'~~.~: : ~'" r' <', .:: 0 : -:. .~" r ~ ">" .. -:. ...('o'J- . ,"- ..~ *- on ~. - .. ".'-If.'" ",\'°.." " -4'(.,-, -.-:: \ ..,' "" < ,: '..' .,.' ...,.......". Page 11 of 11 K\PlaJUlillg DeptlEagle Appticatiolls\DrI2004\DR-83-04 drf.doc