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Findings - DR - 2006 - DR-32-06 - Construct A Multi-Tenant Office Building In Eagle River Development BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A MULTI- ) TENANT OFFICE BUILDING WITHIN EAGLE ) RIVER DEVELOPMENT FOR EAGLE RIVER LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-32-06 The above-entitled design review application came before the Eagle Design Review Board for their action on May 11, 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: Eagle River, LLC, represented by Andrew Erstad with Erstad Architects, is requesting design review approval to construct a 41,237-square foot two story multi-tenant office building. The site is located on the north side of East Riverside Drive approximately 2,SOO-feet east of Eagle Road within Eagle River Development (Lots 5 and 6, Block 3, Mixed Use Subdivision No.4) at 868 East Riverside Drive. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 6, 2006. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 10, 2006, III accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-9S) with a development agreement (including a concept plan) for this site. On April 24, 2001, the Eagle City Council approved a preliminary plat, Mixed Use Subdivision No. 1 (PP-14-00) for this site. On December 17, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed Use Subdivision No.4 (PP/FP-4-02) for this site. E. COMPANION APPLICATIONS: DR-33-06 (design review sign application) Page 1 of 11 K\Planning Depl\Eagle Applicutions\Dr\2006\DR-32-06 un,doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Mixed Use MU-DA (Mixed Use with Vacant Lot development agreement) Proposed No Change No Change Two story multi-tenant office building North of site Mixed Use Public/Semi-publici MU Highway 44/ Rocky Mountain Business Park South of site Mixed Use MU-DA (Mixed Use with Residence/Pasture development agreement) East of site Mixed Use MU-DA (Mixed Use with Vacant loti Mixed Use Sub development agreement) No.S West of site Mixed Use MU-DA (Mixed Use with Vacant loti Mixed Use Sub development agreement) No.5 G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: None I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 99,127-square feet (2.27-acres) 7,000-square feet (0.16-acres) (minimum) Percentage of Site Devoted to 22% (approximately) SO% (maximum) Building Coverage Percentage of Site Devoted to 34% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 168-parking spaces 16S-parking spaces (minimum)* 13% compact (22-parking spaces) 30% (compact parking spaces - maximum) Front Setback 136-feet (south) 20-feet (minimum) Rear Setback 20-feet (north) 20-feet (minimum) Side Setback 40-feet (west) 20-feet (minimum) Side Setback 133-feet (east) 7.S-feet (minimum) * Note: Based on professional office which requires one (1) parking space per two hundred tifty (250) square feet of gross floor area. Page 2 of 11 K:\Plallnlllg Dept\Eaglt: Applicutions\Dr\2006\DR-32-06 ilif.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One multi-tenant office building. Height and Number of Stories of Proposed Buildings: 35' high; two stories. Gross Floor Area of Proposed Buildings: 41,237-square feet total 21,367-square feet 1st floor 19,570-square feet 2nd floor On and Off-Site Circulation: A 44,209-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 27-foot wide driveway is proposed to be located 115-feet east of the west property line and one 26-foot wide shared driveway is proposed on the east property line. Both driveways provide access to East Riverside Drive. K. BUll..DING DESIGN FEATURES: Roof: Duralite shake (Walnut) Walls: Interstate brick (Baja Brown), Stucco - Dryvit (Manor White #1OS), Cultured Stone (Eldorado Castillo limestone), Cornice - EFIS (Dryvit - Manor White #1OS) Windows/Doors: Anodized Aluminum (Champagne), Glazing (tinted bronze) Fascia/Trim: Metal (Champagne) Architectural elements: Pre finished metal (Kelly Moore Rare Earth) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees along East Riverside Drive that the applicant will protect and retain. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees within Eagle River Development were installed by the developer. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping has not been proposed around the perimeter of the parking lot because this site will be integrated with the property to the east and west providing cross access between parcels. b. Interior Landscaping: 10% interior landscaping is required, II % is proposed. M. TRASH ENCLOSURES: One 120-square foot trash enclosure is proposed to be located near the northeast comer of the site approximately 220-feet north of the driveway on East Riverside Drive. The enclosure is proposed to be constructed of CMU with stucco finish and steel gates, all of which will match the materials and colors used on the building. Page 3 of 11 K\Planning DePI\Eagle Appfu:atiotls\Dr\2006\DR-32-06 drf.doc N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The roof top mechanical units are proposed to be screened by the mansard roof (as shown on Sheet a4.11, date stamped by the City on April 6, 2006). No ground mounted mechanical units are proposed 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 Design Review Board 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 All..ABLE: 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): An environmental assessment plan was previously submitted to and reviewed by the City Engineer with the preliminary plat (Eagle River Development). A copy of the environmental assessment plan is on file with the City Engineer. Page 4 of 11 K:\Plmming Dept\Eagle Appliclltions\Dr\2006\DR-32-06 c.Jrf,doc 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 Eagle Fire Department Eagle Sewer District W. LETTERS FROM THE PUBLIC: Letter from John Swartz, Construction Manager for Eagle River Development, date stamped by the City on April 6, 2006 (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 (adopted September 14, 2004) designates this site as Mixed Use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6 (A)(S)(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 (C)(2)(b) 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 CI of this section. . Eagle City Code Section 8-2A-7(K)(2): Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (3S) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, Page 5 of 11 K:\Plunning Depl\Eagle Applications\Dr\2006\DR-32-0611ri.doc and plant with a minimum of one shade tree and five (S) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. . Eagle City Code Section 8-4-4-2(F): Off Street Parking Design And Dimension Tables: STANDARD VEHICLES Parking angle Width of parking space Curb length per space Length of parking space (measurement to be perpendicular from the curb or front of space if no curb is provided) Width of driveway aisle 900 9 feet 9 feet 19 feet 24 feet C. DISCUSSION: . The landscape plan, date stamped by the City on April 6, 2006, does not show continuous landscaping around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. Per Eagle City Code, a minimum five foot (S') wide perimeter landscaped strip is required between the property lines and the parking lot and should be planted with a minimum of one shade tree and five (S) shrubs per thirty five (3S) linear feet of perimeter. It is staff's opinion that because this site will be integrated with the surrounding properties providing cross access between parcels and because the landscape buffer requirements of Eagle City Code and the design guidelines of Eagle River Development require extensive landscaping to buffer the parking lot from the public right-of-way that the applicant should not be required to provide a perimeter landscape strip on the eastern or western property lines of the this site. . The landscape plan, date stamped by the City on April 6, 2006, does not show a landscape strip between the parking lot and State Highway 44 (near the northwest corner of the site). Per Eagle City Code, a landscape strip is required when a parking lot is located adjacent to a public right-of- way. The applicant should be required to provide a revised landscape plan showing a landscape strip in accordance with Eagle City Code Section 8-2A-7(K)(2)(a-d), between State Highway 44 and the parking area located near the northwest corner of the site. The revised landscape plan 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 April 6, 2006, shows a landscape island within the parking lot located 45' west of the east property line and 110' north of the south property line. This landscape island is located 14' north of another landscape island and several parking spaces. Per Eagle City Code, the minimum driveway aisle width for 900 parking is 24'. The applicant should be required to provide a revised landscape plan showing a 24' wide (minimum) driveway Page 6 of 11 K:\Planlling Dept\Eagle Appliculions\Dr\2006\DR-32-06 !..Irf.doc aisle between the landscape island located 4S' west of the east property line and 110' north of the south property line and the landscape island and parking spaces located immediately south. 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 May II, 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). BOARD DECISION: The Board voted S to 0 (Barnes and McCullough absent) to approve DR-32-06 for a design review application to construct a two story multi-tenant office building for Eagle River LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: I. Provide a revised landscape plan showing a landscape strip in accordance with Eagle City Code Section 8-2A-7(K)(2)(a-d), between State Highway 44 and the parking area located near the northwest corner of the site. 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. 2. Provide a revised landscape plan showing a 24' wide (minimum) driveway aisle between the landscape island located 4S' west of the east property line and 110' north of the south property line and the landscape island and parking spaces located immediately south. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 3. Roof vents shall not be permitted to extend above the mansard roof. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. S. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 6. Submit $ISO.OO to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. No signs are proposed with this application. A separate design review application (DR-33-06) has been submitted for the approval of a master sign plan for this building. The master sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. Page 7 of 11 K:\Plallnil.lg Dept\Eagle Applications\Dr\2006\DR-32-06 drf.doc 9. Provide a revised landscape plan showing two additional Serbian Spruce trees around the trash enclosure. The revised landscape plan shall be reviewed and approved bv staff prior to the Citv issuing a zoning certificate for this site. 10. All trash receptacles shall be completelv screened from view bv the trash enclosure and shall not exceed the height of the trash enclosure. 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. 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 Page 8 of 11 K:\Plal.lnillg Dept\Eagle Applicatiolls\Dr\2006\DR-32-06 Wf.uoc 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. 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, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and \,SOO 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. IS. 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. Page 9 of 11 K:\Planning Dept\Eagk Applicutions\Dr\2006\DR-32-06 drf.doc 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. 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 April 6, 2006. 2. Requests for agencies' reviews were transmitted on April 10, 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 Page 10 of 11 K:\Planning Depl\Eagle Applicutiolls\Dr\2006\DR-32-06 drf.dllC (DR-32-06) 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 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. DATED this 25th day of May 2006. ATTEST: ",'I......... ~"" ~'{ 01 I ,fit C' ......." f l'.. .. .. .. Rl' ., ~... . c"o (j/r . ~....: "; ~= : ..... '(1"; : ~ \88.-4....L .i..; Il.~ ~""... ~~~~~~IO'V ..~ ~.... 0 .... ~~.-"".. Page 11 of 11 K:\Planni.ng Dept\Eagle Appocatitms\Dr\2006\DR-32-06 drf.doc