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Findings - DR - 2006 - DR-104-05 - Construct A 3950 Sq' Medical/Dentist Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT A ) MEDICALIDENTIST OFFICE WITHIN ROCKY ) MOUNTAIN BUSINESS PARK NO.3 FOR DAVE ) EVANS CONSTRUCTION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-I04-05 The above-entitled design review application came before the Eagle Design Review Board for their action on January 12,2006. 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 Evans Construction, represented by Travis Burrows, is requesting design review approval to construct a 3,950-square foot medical/dentist office building. The site is located on the south side of East Iron Eagle Drive within Rocky Mountain Business Park No.3 on Lot 8, Block I. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 3, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 9, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky Mountain Business Park consisting of 26 lots on approximately 40-acres (CU-4-98/ PPUD-I-98/ PP-3-98). On June 8, 1999, the Eagle City Council approved the final plats for Rocky Mountain Business Park No.1 and 2 (FPUD-2 & 3-99 & FP-7 & 8-99). On April 26, 2005 the Eagle City Council approved a preliminarylfinal plat for Rocky Mountain Business Park No.3 (PPIFP-OI-05). On August 9, 2005 the Eagle City Council approved the Common Area Landscaping plan for Rocky Mountain Business Park No.3 (DR-31-05). E. COMPANION APPLICATIONS: DR-I05-05 (signage for building) Page I of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-l 04-05 drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use (MU) Mixed Use Vacant Lots Proposed No Change No Change MedicallDental Office North of site Mixed Use (MU) Mixed Use Pacific Heights Subdivision Professional Office Buildings South of site Public/Semi-Public / (MU-DA) Mixed Use with State Highway 44/ Mixed Use development agreement Eagle River Development East of site Mixed Use (MU) Mixed Use Vacant Lot-future office building West of site Mixed Use (MU) Mixed Use Vacant Lot-future multi- tenant building G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. EXISTING SITE CHARACTERISTICS: This is a vacant lot within Rocky Mountain Subdivision No.3 (Lot 8, Block I). Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\200S\DR~104-05 drfdoc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 19,587-square feet (.45 acre) 7,000-square feet (0.16-acres) (minimum) Percentage of Site Devoted to 2.1 % (approximately-entire 50% (maximum) Building Coverage site )* Lot 8 - 21 % Percentage of Site Devoted to 53% (approximately-Lot 8) 10% (minimum) Landscaping Number of Parking Spaces (Entire 205* 1 73-parking spaces for offices, Offices, business and Rocky Mountain No.3) professional - 1 parking space business and professional* per 250 square feet of gross 216-parking spaces for offices, floor area medical and dental * Offices, medical and dental - 1 20 - parking spaces will be parking space per 200 square required for this building feet of gross floor area. Front Setback (north boundary line) 190-feet* 20-feet (minimum) Rear Setback (south boundary line) 46- feet* 20-feet (minimum) Side Setback (east boundary line) 1 95-feet* 7.5-feet (minimum) Side Setback (west boundary line) 300-feet* 7.5-feet (minimum) 'Note: The percentage of building coverage, setbacks and parking are calculated from the total area of Rocky Mountain Business Park No.3. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One single-tenant medical/dental office building Height and Number of Stories of Proposed Buildings: Thirty feet (30'), One (1) story Gross Floor Area of Proposed Buildings: 3,950 - square feet. On and Off-Site Circulation: A 66,670-square foot (approximately) paved parking lot provides parking for vehicles using this site. Two (2) twenty-five foot (25') wide driveways are proposed to be located on the north side of this development (Rocky Mountain Business Park No.3). One driveway will be located approximately sixty feet (60') west of the eastern property line and the second driveway will be located one hundred twenty feet (120') east of the westem property line providing access to Iron Eagle Drive. Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-104-05 drfdoc K. BUILDING DESIGN FEATURES: Roof: "Villa" style concrete roof style-Terra Cotta (Sequoia Red) Walls: Masonry - Cast Stone (Continental- 110S Champagne), EIFS - Trim and Accent (OC-II Dove Wing) WindowslDoors: Metrec Vinyl windows (Green #05)/ Doors-Aluminum (Copper color) Fascia/Trim: Stucco (OC-ll Clay Beige) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees on the south side of the pathway which need to be retained and protected. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: This site does not abut the public right-of-way. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Landscaping is proposed around the perimeter of the parking lot, as shown within the common area landscaping of Rocky Mountain Business Park No.3 (DR-31-05). b. Interior Landscaping: 10% interior landscaping is required, 14% is proposed. M. TRASH ENCLOSURES: The trash enclosures serving this building were addressed within the master landscape and site plan (DR-31-05) Rocky Mountain Business Park NO.3. N. MECHANICAL UNITS: The applicant is proposing to use two ground mounted mechanical units. The ground mounted mechanical units one to three feet (1' -3') in height and are proposed to be screened with landscaping. 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 a zoning certificate. P. SIGNAGE: No signs are proposed with this application. A separate design review application for signage (DR-I05-05) has been submitted. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. Eagle Sewer District will require building plans prior to connection into the sewer system. 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 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-104-05 drfdoc 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 Concem - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes - existing trees within the greenbelt easement adjacent to the pathway on the southem portion of Lot 8. 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 attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Chevron Pipeline Division of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Company W. LETTERS FROM THE PUBLIC: Keith Atkins, City Forester, letter dated November 21,2005, (attached hereto). STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map (adopted September 14, 2004) designates this site as Mixed Use. Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-I04-05 drfdoc CHAPTER 12 - COMMUNITY DESIGN 12.1 Background and Vision Community design is the organized fashion in which a community is developed in order that a general mood or theme is established and maintained. 12.2 Goal Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. 12.4 Implementation Strategies a. Establish and maintain a development pattern and design criteria in keeping with the rural transitional identity of Eagle. This includes growth within the Impact Area that discourages or precludes the establishment of other City centers. d. The City Design Review Ordinance shall set forth criteria for building design, landscaping, signage and other aesthetic standards. Development along State Street within the Impact Area and outside the City limits shall be encouraged to comply with the Design Review Ordinance. g. New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City Ordinances. n. Prepare and adopt design guidelines and development standards to be the basis for design review of architectural, landscaping, signage and other visual impacts of development projects. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-4-5(E): Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD book, established through a resolution of the city council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-I may only be modified through an ordinance amendment. The architecture styles found in the EASD book are permitted styles. Architectural styles not shown within the EASD book will not be considered. A copy of the EASD book is available at Eagle city hall. . Eagle City Code Section 8-2A-6(B): Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator, the design review board, and the city council, whichever the case may be, to determine the appropriateness of such material. Page 6 of 12 K:\Planning Dept\Eagle Applic3Iions\Dr\2005\DR-104-05 drfdoc 1. Exterior walls and soffits: h. Stucco: twenty five percent (25%) planer change required, additional accents shall be incorporated through the use of other material(s); i. EIFS: permitted for accent only, ten percent (10%) maximum wall coverage (per each facade). Additional accents required through the use of other materials; C. DISCUSSION: . The applicant has proposed the building to reflect a Mediterranean style as indicated in the submitted narrative date stamped by the City on November 3, 2005.The proposed building is incorporating a stucco finish to be offset with a horizontal accent base, accent window wraps with altemating quoins at the comers of the building. . Keith Atkins, City Forester, submitted in correspondence dated November 21, 2005, his concem regarding the location of the two Japanese Maples. The City Forester has indicated the Japanese Maples should not be located on the south side of the building due to the summer sun. The City Forester also indicated that the area in which the trees are to be placed is too small to allow the trees to mature without significant pruning. The applicant should be required to provide a revised landscaping plan showing the plant material located in an appropriate location with regard to space and sun exposure. The revised plan should be reviewed and approved by staff and two (2) members of the Design Review Board prior to the City issuing a zoning certificated for the site. . The applicant indicated in the application the building exterior walls be constructed of stucco covering approximately seventy-five percent (75%) of the wall. The footprint of the building indicates there are no planer changes on the south elevation and fifteen percent (15%) planer change on the east elevation. Eagle City Code requires a twenty five percent (25%) planer change when stucco is incorporated as a wall covering. The applicant should provide revised elevations showing at least twenty five percent (25%) planer change on the south and east elevations to be reviewed 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. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on January 12, 2006, 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). Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-104-05 drfdoc BOARD DECISION: The Board voted 5 to 0 (Barnes and Grubb absent) to approve DR-104-05 for a design review application to construct a medical/dental office within Rocky Mountain NO.3 for Dave Evans Construction, 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. Comply with the applicable conditions ofPPIFP-01-05 (Rocky Mountain Business Park No.3). 2. Comply with the applicable conditions ofDR-31-05 (design review application for the common area landscaping within Rocky Mountain No.3 Business Park). Prior to the issuance of a Certificate of Occupancy all parking lot improvements (i.e.: asphalt, curb, drainage, landscaping, etc.) shall be completed. 3. The applieaflt shall pro'lide a revised landseaping plan shewing the plant materialleeatea in an appropriate locatien v..ith regard to space ana slin ellposure. The revisea plaR shall be re'/iev..ed and apprevea13y staff and two (2) ffiembers of the Design Re...iew Beard prior to the City issliing a zoning certificated fer the site. 4. The revised elevation plans date stamped bv the City on January 10. 2006. meet the twenty-five percent (25%) planer change on the south and east elevation. Previae re'/ised building elevatiens showing at least t',...eHty five percent (25%) plafl6f eflaRge on the south ana east elevations. The revised elevations shall13e flJYie.....ed and apprevea by staff and one member eft.fle Design Revie..... Boara prier te City issuing a zoning eertificate. 5. All roof vents shall be painted to match the color of the roof. 6. No ground mounted mechanical units are proposed with this application and none are approved. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. No signs are proposed with this application. A separate design review application (DR-105-05) has been submitted for the approval of signage for the building. The sign application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 11. The pathwav shown on the landscape plan connecting the fountain area to the bike path along State Highwav 44 shall be installed as indicated. 12. Provide revised elevations indicating the quoins to be cast stone. The color of the quoins and the revised elevation plans shall be reviewed and approved bv staff and one member of the Design Review Board prior to the City issuing a zoning certificate. 13. The stamp and color of the concrete surfaces outside the building shall be complimentary to the color of the quoins on the building. The stamp and color of the concrete shall be reviewed and approved bv staff and one member of the Design Review Board prior to the City issuing a zoning certificate. Page 8 ofl2 K\Planning Dept\Eagle ApplicationslDr\2005\DR-104-05 drf.doc 14. Provide revised building elevations showing the quoins to be more functional and grounded. the stucco scoring to line UP. the gable on the east elevation to be centered under the cupola and the scale of the cupola to be reduced in size to be in scale with the building. The revised building elevation plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate. 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 Page 9 of 12 K:\Planning Dept\EagJe Applications\Dr\2005\DR-I04-05 drfdoe 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 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 Page 10 of 12 K:I.Plarming Dept\Eagle Applications\Dr\2005\DR-l04-05 drfdoc 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. 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 November 3,2005. 2. Requests for agencies' reviews were transmitted on November 9, 2005, in accordance with the requirements of the Eagle City Code. Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2005\DR-104-05 drfdoc 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-104-05) 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 (Mixed Use) zoning district. DATED this 26th day of January, 2006. DESIGN REVIEW BOARD OF THE CITY OF EAGLE :;jj;J~ E' R. Me ullough, Chairm ....... ~{;!.eeL ............... ..... ~"'Gtl;...... ..' O~ ......... .~ ~.- ..... .:~, <i-^Ti:....,... ~ f....- ....0 -. ~ = ...... A..'" .. . U · o~ ... -- : .. ., 1'-- . . .,\ .-. ,.0.-0. : ...... ., h....V-.~. ,. p ~:~I . to......l ~~ "".\'('OIl'O~" -$1 ""#. ........:'(~.. ~......... Sr ATE 0....... ."...11....." Page 12 of 12 K:\Planning Dept\EagJe Applications\Dr\2005\DR~]04-05 drfdoc