Findings - DR - 2005 - DR-70-05 - Construct A 3-Story, 22659 Sq' Music Academy Facility/3415 W. Flint Dr
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A MUSIC )
ACADEMY FACILITY FOR KEN AND MARY CENELL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-70-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 22,2005. The Board continued the item to October 13, 2005, and November 10, 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:
Ken and Mary Cenell, represented by Chad Slichter with Slichter Architects, are requesting
design review approval to construct a three (3) story (22,659-square feet) music academy facility.
The site is located on the south side of West Flint Drive approximately 600-feet north of State
Highway 44 at 3415 West Flint Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 4,2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 15, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 6, 2005, the Eagle Planning and Zoning Commission approved a conditional use
permit for a height exception (CU-II-05).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use MU-DA (Mixed Use with Single-family dwellings
development agreement)
Proposed No Change No Change Rivendell Music Academy
North of site Transitional Residential A-R (Agricultural- Single-family dwellings
& Mixed Use Residential)
South of site Public/Semi-public & MU-DA (Mixed Use with State Highway 44, Camille
Mixed Use development agreement) & Beckman facility, and
Public/semipublic vacant State owned land
East of site Transitional Residential A-R (Agricultural- Single-family dwellings
Residential)
West of site Transitional Residential A-R (Agricultural- Single-family dwellings
Residential)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
This site is located within the Symphony Subdivision (approved as a Preliminary Plat (PP-07-04)
on April 12, 2005 by the City CounciL).
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 163,47S-square feet (6.0S-acres) 7,000-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 5% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 70% (approximately - this 10% (minimum)
Landscaping includes the cottage area and
future academic building areas)
Number of Parking Spaces 123-parking spaces 59-parking spaces (minimum)*
Front Setback 7S-feet (south) 20-feet (minimum)
Rear Setback 37-feet (north) 20-feet (minimum)
Side Setback 16-feet (west) 7.5-feet (minimum)
Side Setback 13-feet (east) 7.S-feet (minimum)
* Note: Based on two (2) parking spaces for each classroom and one (I) parking space for every five (5) seats in the
auditoriums or assembly halls.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a music academy facility.
Height and Number of Stories of Proposed Buildings: 40' 5"; three stories.
Gross Floor Area of Proposed Buildings: 22,659-square feet.
On and Off-Site Circulation:
A 37,267-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 27-foot wide driveway is proposed to be located on the east side of this site
approximately 170-feet north of the east/west public right-of-way. One 28-foot wide driveway is
proposed to be located on the south side of this site approximately 28-feet east of the west property
line providing access to the east/west public right-of-way.
K. BUILDING DESIGN FEATURES:
Roof: Composite Shingles (Charcoal Black)
Walls: EIFS and Cultured Stone
WindowslDoors: Vinyl windows (Beige), Wood doors (dark brown)
Fasciaffrim: Metal (Stonehenge)
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 proposing to install street trees within this development along all
public streets and private driveways.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
The applicant has not proposed perimeter landscaping around the entire parking
lot.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 84-square foot trash enclosure is proposed to be located along the east side of the site
approximately 40-feet west of the driveway providing access to the north/south public right-of-
way. The enclosure is proposed to be constructed of CMU block with stone veneer and stone cap
with wrought iron gates, all of which will match the materials and colors used in the construction
of the building.
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N. MECHANICAL UNITS:
The applicant is proposing to locate all mechanical units within the building. No ground mounted
or roof top mechanical units are proposed with this application and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES 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 - 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 - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
BFI
Central District Health
Department of Environmental Quality
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Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Idaho Power Company
United Water Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, date stamped by the City on September 14,2005,
(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 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
· Eagle City Code Section 8-2A-7(J)(3)(a)
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
. Eagle City Code Section 8-2A-7(K)(3)(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.
· Eagle City Code Section 8-2A-7(K)(4)(b)(4 and 5)
(4) Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a
height of six feet (6').
(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.
· Eagle City Code Section 8-2A-7(P)
Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves
more than a simple arrangement of plants with irrigation; plants are not haphazardly placed in
a way that fills up leftover space. Landscape plans should reflect a theme so that site elements
are artfully and technically organized in a way that conveys meaning, coherence, and spatial
organization. Landscaping should enhance the physical environment as well as the project's
aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared
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by a landscape architect, landscape designer, qualified nurseryman, or someone
knowledgeable in the field of landscape design.
C. DISCUSSION:
. The landscape plan date stamped by the City on September 1, 2005, does not comply with Eagle
City Code in several areas (i.e.: perimeter landscaping around the parking lot, landscaping within
the parking lot islands, landscaping around the trash enclosure, etc.), as well as coordinating the
landscape areas with the site plan. There are several areas on the landscape plan that show
landscaping but on the site plan these areas are shown to be sidewalks. The City Forester's letter,
date stamped by the City on September 14, 2005, indicates that the species of trees proposed
within the five foot (5') wide planter strip are trees that will require continual pruning to prevent
obstructions. It is staff's opinion that the applicant should provide a revised landscape plan drawn
by someone knowledgeable in the field of landscape design addressing Eagle City Code. The
revised landscape plan should be reviewed and approved by the Design Review Board prior to the
City issuing a zoning certificate for this site.
. The applicant is proposing a decorative light fixture (see sheet DR 1.1 showing the light pole and
the detailed cut sheets showing the lamp are incorporated within the staff report) throughout the
site. The light poles hold two (2) light fixtures and the detailed cut sheets indicate ISO-watt high
pressure sodium light fixtures are proposed to be installed on the light poles. Two (2) ISO-watt
high pressure sodium light fixtures on each pole will provide 300-watts of illumination. The
landscape plan date stamped by the City on September 1,2005, shows the light fixtures to be
separated by forty five feet (45') to fifty feet (50'). Although the applicant is using a "Dark Sky"
light fixture, it is staff s opinion that with 300-watts of illumination being given off by each light
pole with a separation of forty five feet (45') to fifty feet (50') that there will be too much light
emitted from this site. The applicant should be required to provide revised cut sheets reducing the
wattage of each light fixture to not exceed 100-watts and a revised site plan showing a minimum
of seventy five feet (75') of separation between the light fixtures. The revised cut sheets and
revised site plan should be reviewed and approved by 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.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 22,2005. The
application was continued to October 13, 2005, and November 10, 2005, 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 and McCullough absent) to approve DR-70-05 for a design review
application to construct a music academy for Ken and Mary Cenell' 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
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the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of CP A-03-03 and RZ-OS-03.
2. Comply with any applicant conditions of Symphony Subdivision (PP-07-04).
3. Previae a fEivisea laHaseiifle plaH drawH 8)' seHleOHe knewleageable iH tHe field of laaaseape desigR
aaaressiHg Eagle Cit)' Ceae. Tile revisea laaaseape plaR silall 8e revie'.vea aHa apprevea 8)' tile
DesigH Review Boar-d prior to tHe Cit)' issHiag a zoaiHg certificate for this site.
4. Provide revised cut sheets reducing the wattage of each light fixture to not exceed 100-watts and a
revised site plan showing a minimum of seventy five feet (75') of separation between the light fixtures.
The revised cut sheets and revised site plan shall be reviewed and approved by the Design Review
Board prior to the City issuing a zoning certificate for this site.
5. Provide a revised site and landscape plan showing the installation of a Bike raek aHa etller 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. The location and model of the bike rack date stamped bv
the Citv on November 3, 2005, are approved.
6. All roof vents shall be painted to match the color of the roof.
7. No ground mounted mechanical units are proposed with this application and none are approved.
S. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. All utility poles providing service to the existing structures on the site shall be removed, prior to the
issuance of any building permits for the site. All utility service lines serving existing structures and the
building lots shall be placed underground.
12. Provide a revised landscape plan showing a detached sidewalk along the eastern side of the north/south
drivewav from the southern drivewav proposed south of the new music facilitv to the first drivewav on
the east side of the north/south drivewav. The revised landscape plan shall be reviewed and approved
bv staff prior to the City issuing a zoning certificate for this site.
13. Any modifications to the landscape plan date stamped bv the City on November 3, 2005, including
phasing of the proiect. needs to be approved bv the Design Review Board prior to anv construction
being completed on this site. The entire perimeter fence and perimeter landscape shall be completed in
one phase and preferablv the first phase.
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
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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
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.
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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
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.
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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:
I. The application for this item was received by the City of Eagle on August 4, 2005.
2. Requests for agencies' reviews were transmitted on August 15, 2005, 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-70-05) 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.
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DATED this Sth day of December 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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