Findings - DR - 2006 - DR-22-06 - Common Area Landscaping And Clubhouse In Park Place Gardens Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING AND CLUBHOUSE )
WITHIN PARK PLACE GARDENS SUBDIVISION)
FOR PARK PLACE PARTNERS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-22-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 9, 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:
Park Place Partners, LLC, represented by Phil Hull with The Land Group, is requesting design
review approval of the common area landscaping and the 3,3 I 8-square foot clubhouse within Park
Place Gardens Subdivision. The 95.32-acres site is located adjacent to Park Lane and Meridian
Road approximately 14-mile north of Floating Feather Road at 1680 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 2,2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 3, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 21, 2006, the Eagle City Council approved an annexation, rezone with development
agreement, and preliminary plat applications for Park Place Gardens Subdivision (A-08-05/RZ-
l2-05/PP -11-05).
E. COMPANION APPLICATIONS: DR-23-06 (design review sign application for entry signage for Park
Place Gardens Subdivision).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential Two (up to 2 RUT (Rural Urban Transition- Single Family Dwelling &
units per acre) Ada County Designation) Pasture
Proposed Residential Two (up to 2 R-2-DA (Residential 2-units/ Single Family, Residential
units per acre) acre with a development Development
agreement)
North of site R-E (Residential Estates 1-
unit/2 acres) Rl (Residential Single family residential
Residential Two (up to 2 I-unit per acre-Ada County
units per acre) designation) RUT (Rural subdivision- Varied lot
Urban Transition-Ada County sizes
Designation)
South of site R-E (Residential Estates 1- Single family residential
Residential Two (up to 2 unit/2 acres) Rl (Residential
units per acre) I-unit per acre-Ada County subdivision- Varied lot
designation) sizes
East of site Residential Estates (up to RUT (Rural Urban Transition- Single family residential
Ada Co. Designation) & PS
1 units per 2 acres) (Public/Semipublic ) subdivision
West of site Residential Two (up to 2 R-E (Residential Estates 1- Proposed Moffat
units per acre) unit/2 acres) Subdivision, Single Family
residential and pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There four (4) trees located near the southwest comer of the
site that the applicant is proposing to protect and retain these trees.
I. SITE DESIGN INFORMATION:
Total Acreage of Site - 95.32 Acres
Total Number of Lots - 126
Residential- 112
Common - 14
Total Number of Units - 112
Single-family - 112
Existing - 1
Proposed - 112
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.17 units/acre 2-units/acre maximum
Minimum Lot Size l7,000-square feet l7,000-square feet
Minimum Lot Width 75-feet 75-feet (minimum)
Minimum Street Frontage 43-feet 35-feet (minimum)
Total Acreage of Common Lots l8.42-acres 9.53-acres (minimum)
Percent of Site as Common Area 19.3% (approximately) 10% (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One clubhouse facility and one pump house.
Height and Number of Stories of Proposed Buildings: Clubhouse = 22 Y2-feet in height and one story.
Pump house = lO-feet in height and one story.
Gross Floor Area of Proposed Buildings: Clubhouse = 3,3l8-square feet
Pump house = 1 50-square feet
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Composition Shingle (Barkwood)
Walls: Lapped siding (Lemongrass), Board and Batten siding (French Sonnet), Cultured stone
columns and chimney (Bucks County Limestone)
Windows/Doors: Clad wood (Villita Brown)
Fascia/Trim: Wood (Villita Brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are four existing trees located near
the southwest corner of this development which the applicant is proposing to protect and retain.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Street trees are proposed to be placed at the front of each lot on the side lot lines
within the eight foot (8') wide landscape strip.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
M. TRASH ENCLOSURES: N/A
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N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units 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 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 and Eagle Fire Department
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 pennit.
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 - yes
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 and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Division of Environmental Quality
Eagle Fire Department
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Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Adkins, City Forester, dated February 21, 2006 (is incorporated herein by
reference and attached to the staff report).
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 Residential Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. The applicant shall submit a design review application showing: 1) proposed subdivision signage,
2) planting details within the proposed and required landscape islands and knuckles and all
common areas throughout the subdivision 3) building elevations for all proposed common area
structures and irrigation pump house, 4) landscape screening details of the irrigation pump house,
5) useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities. The design review application shall be reviewed and approved
by the Design Review Board prior to the submittal of a final plat.
. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines and within the
center of an eight-foot (8') wide landscape strip or as otherwise approved by the Design Review
Board. Prior to the City Clerk signing the final plat, the applicant shall either install the required
trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements within the planter strips. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping.
. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester
to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site.
. Provide a revised preliminary plat showing a cross section of the road, sidewalk, and streetscape
within the buffer areas along Meridian Road and Park Lane for review and approval by the Eagle
Design Review Board, prior to submittal of the final plat.
· The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat.
· All fencing within the development, with the exception of the berms, shall be open fencing
constructed of wrought iron or similar material approved by the Eagle Design Review Board.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)(b)
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-7(C)(l)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
. 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 C 1 of this section.
D. DISCUSSION:
. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the open space areas or private lots (unless approved for removal by the City
Forester and the Design Review Board) shall be provided for Design Review Board approval prior
to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester
to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site.
. All fencing within the development, with the exception of the berms, shall be open fencing
constructed of wrought iron or similar material approved by the Eagle Design Review Board.
· 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 March 9, 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).
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BOARD DECISION:
The Board voted 7 to 0 to approve DR-22-06 for a design review application for the common area
landscaping and clubhouse for Park Place Gardens Subdivision for Park Place Partners, LLC, with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-8-05/RZ-12-05/PP-ll-05 (Park Place Gardens
Subdivision).
2. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
prior to the commencement of any construction or grading of the site.
3. Any existing trees that are damaged during the construction process shaU be replaced with, new
healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester.
4. Provide a license agreement from ACHD aUowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the
City Clerk signing the final plat.
5. Provide a revised landscape plan showing all sidewalks, cross walks, etc. coordinate with regard to
connection to each other as well as connection across roadways and planter strips. The revised
landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
6. AU roof vents on the clubhouse shall be painted to match the color of the roof.
7. All ground mounted mechanical units associated with this clubhouse shall be screened from view by
landscaping per Eagle City Code.
8. All overhead power lines shaU be located underground prior to the City issuing a certificate of
occupancy for this site.
9. AU ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
10. Submit $350.00 to the City, at the time of building permit submittal, for the Engineering drainage
review for the club house.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. No signs are proposed with this application. A separate design review application is required to be
submitted for approval of any signs for this site.
13. Provide revised plans providing the proper labeling offence tvpes and water features, eliminate the
note indicating a walking: path on the south property line of the development, and indicate the style.
height. material, and color offence to be used around the pool. The revised plans. materials, and
colors shall be reviewed and approved bv staff and one member of the Design Review Board prior to
the City accepting: a final plat application for this development.
14. The applicant shaU use a three rail vinvl fencing on the property line between the common area along
Meridian Road and the residential lots located on the eastern boundary of the development.
15. Wrought iron fencing shall be used throughout the subdivision where desired but is required to be used
when anv propertv is adiacent to a common lot.
16. Provide a revised landscape plan showing more landscaping around the club house and specific aU v on
the north and west sides of the building to soften the blank walls. The revised landscape plan shall be
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reviewed and approved bv staff and one member of the Design Review Board prior to the City
accepting; a final plat apvlication for this development.
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 (I) 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
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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.
II. 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.
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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 February 2, 2006.
2. Requests for agencies' reviews were transmitted on February 3, 2006, 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-22-06) 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
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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 R-2-DA (Residential - two units per acre with development agreement) zoning district.
DATED this 23rd day of March 2006.
ATTEST:
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