Findings - DR - 2009 - DR-35-09 - Construct A Multi-Tenant Office Building For The Forum At Eagle Llc
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A MUL TI- TENANT )
OFFICE BUILDING FOR THE FORUM AT EAGLE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-35-09
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 12,2009. The 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:
The Forum at Eagle, LLC, represented by James Gipson with Gipson Associates, is requesting design
review approval to construct a 7,090-square foot two story multi-tenant office building. The 0.62-acre
site is located on the southwest corner of South Echohawk Lane and East Hill Road at 207 North
Echohawk Lane within Piccadilly Village Subdivision (Lot 12, Block 1).
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on October S, 2009.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 22, 2009, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 19, 2000, the Eagle City Council approved a rezone, conditional use, planned unit
development preliminary development plan, and preliminary plat for Piccadilly Village
Subdivision (RZ-9-00/CU -9-00/PPUD-6-00/PP-9-00).
On April 10, 200 I, the Eagle City Council approved the common area landscaping within
Piccadilly Village Subdivision (DR-54-00).
On February 26,2002, the Eagle City Council approved a final development plan and final plat for
Piccadilly Village PUD (FPUD-3-01 & FP-6-01).
On March 11, 200S, the Eagle City Council approved a multi-tenant office building for this site
(DR-OI-OS). This application expired.
E. COMPANION APPLICATIONS: DR-36-09 (master sign plan for multi-tenant building)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA-P (Mixed use with Vacant lot within
development agreement PUD) Piccadilly Subdivision
Proposed No Change No Change Multi-tenant Office
Building
North ofsite Residential Three R-3 (Residential) Hill Road/Entrance to
Arbor Ridge Subdivision
South of site Mixed Use MU-DA-P (Mixed use with Residential Dwellings
development agreement PUD) within Piccadilly
Subdivision
East of site Mixed Use MU-DA-P (Mixed use with Vacant Commercial Lot
development agreement PUD) within Piccadilly
Subdivision
West of site Mixed Use MU-DA (Mixed Use with W ooddale Drive/
development agreement) Commercial Office
Buildings within Great Sky
Subdivision No.7
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is existing landscaping (i.e.: trees, shrubs, grass) located around the perimeter of the site
with the exception of the driveway location on North Echohawk Lane. Sidewalk is located along
South Wooddale Avenue, East Hill Road, and North Echohawk Lane.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.62-acres (27,007-square feet) 0.1 I-acres (5,000-square feet)
(minimum)
Percentage of Site Devoted to 15% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 53% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 28-parking spaces 27-parking spaces (minimum)
Front Setback 81-feet (south) 20-feet (minimum)
Rear Setback 24-feet (north) 20-feet (minimum)
Side Setback 20-feet (east) 20-feet (minimum)
Side Setback 40-feet (west) 7.5-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One multi-tenant office building.
Height and Number of Stories of Proposed Buildings: 31' 9", two stories.
Gross Floor Area of Proposed Buildings:
First floor = 4,288-square feet
Second floor = 2,802-square feet
Total = 7,090-square feet
On and Off-Site Circulation:
An 8,328-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 lOS-feet south of East Hill Road providing access to North Echohawk Lane.
K. BUILDING DESIGN FEATURES:
Roof: Architectural fiberglass shingles (Onyx Black)
Walls: Hardiboard - Horizontal Lap Siding (Kelly Moore - Fallen Leaf), Shingle Siding (Kelly
Moore - Beige Rage), Stone (Harristone - Desert Sandstone)
Windows/Doors: Vinyl Windows (Tan), Wood Doors
Fascia/Trim: Rake, Bracket, and Fascia Trim (Kelly Moore - Fallen Leaf), Metal Gutter (Kelly
Moore - Raw Earth)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along the south
property line of this site. The applicant is proposing to retain aU the existing trees located on this
site.
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Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: There are three (3) existing trees located behind the sidewalk along North Echohawk
Lane and three (3) behind the sidewalk along East Hill Road. The applicant is planning on
retaining these street trees.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
There is perimeter landscaping proposed on the east, west, and south sides of the
proposed parking lot.
b. Interior Landscaping: S% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 1 43-square foot trash enclosure is proposed to be located near the southeast corner of the site,
on the south side of the driveway on North Echohawk Lane. The enclosure is proposed to be
constructed ofCMU with stone veneer to match that used on the building with metal gates painted
to match the color of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with a screen wall and landscaping. No rooftop
mechanical units are proposed with this application and none are approved.
O. OUTDOOR LIGHTING:
Two sixteen foot (16') high pole lights are proposed to be located within the parking lot of this
site. One of the pole lights is proposed to be located within 2S-feet of the south property line.
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 AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
were received on January 16, 200S, and February 4, 200S, respectively were received by the City
for DR-Ol-OS. 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 perm it.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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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 to DR-OI-OS and their correspondence is incorporated
herein by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - received by the City on January 22, 200S
Central District Health - received by the City on January 16, 200S
Eagle Fire Department - received by the City on February 4, 200S
Idaho Transportation Department - received by the City on January 17, 200S
Idaho Department of Lands - received by the City on January II, 200S
W. LETTERS FROM THE PUBLIC: None received to date.
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.
R ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section S-2A-7 (C)(2)
Damage During Construction: Existing trees or shrubs that are retained shaH 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 Cl of this section.
· Eagle City Code Section S-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.
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Four (4) options are provided for fulfilling this requirement:
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 (35)
linear feet of frontage, excluding driveway openings.
b. Provide an earth berm ofthirty 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,
and plant with a minimum of one shade tree and five (5) 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.
C. DISCUSSION:
· The applicant is proposing to construct a 7,090-square foot, two story multi-tenant office building
within Piccadilly Village Subdivision. The architectural style of the proposed building is
Craftsman style with horizontal lap siding, shingle siding, decorative eave brackets and attic vents.
Four over one sash windows are used on the first floor with decorative shutters located on each
side of the first floor and second floor windows. The architectural style ofthis office building will
blend with the residential uses located to the south of this site.
· The landscape plan date stamped by the City on October 8, 2009, shows that there will be
landscaping located at the western edge of the parking lot within the landscape islands adjacent to
the parking spaces. However, no landscaping is proposed to be located within the ten foot (10')
wide area at the western most end of the parking lot. Per Eagle City Code, a landscape strip is
required to be provided between the public right of way and the parking lot to shield views of
parked cars to passing motorists and pedestrians. The applicant should be required to provide a
revised landscape plan showing landscaping, berming, fencing, etc. in compliance with Eagle City
Code Section 8-2A-7(K)(2), along the western end of the parking lot that will screen the parking
lot from the public right of way. The revised landscape plan should be reviewed and approved by
staff and two members 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 November 12, 2009, 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 3 to 0 (Barnes, Grubb, and Whittaker absent) to approve DR-35-09 for a design
review application to construct a multi-tenant office building for The Forum at Eagle, LLC, 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. The applicant shall be required to comply with any applicable conditions of Piccadilly Village
Subdivision (FPUD-3-01 & FP-6-01).
2. The revised landscape plan date stamped by the City on November 12, 2009, showing landscaping at
the west end of the parking lot is approved. Provide a revised landseape plan showing landseaping,
benning, feneing, ete. in eomplianee '<'lith Eagle City CoE!e Seetion 8 2,^. 7(K)(2), along the western
end of the parking lot that '",ill sere en the parking lot from the pl:lblie right of way. The re'/ised
landseape plan shall be re':ie'l/ed and approved by staff and two members ofthe Design Review Board
prior to the City issl:ling a zoning eertifieate for this site.
3. The elevation plan date stamped by the City on November 12, 2009, showing the materials. colors, and
height of the trash enclosure is approved. Pro':ide detaileE! ele':ations shov/ing the height, materials,
colors, etc. to be useE! in the eonstmeticm of the trash enclosl:lre and gates. The detailed elevations
shall be reviewed and approved by staff and one member of the Design Revie'N Board prior to the City
issl:ling a zoning certifieate for this site.
4. The landscape plan and pictures date stamped by the City on November 12.2009, showing the
materials and colors to be used in the construction of the "Garden Wall" are approved. Pro':ide a
detailed ele':aticlR and a eross section of the proposed "Garden Wall" to be eonstmeted on tlle south
side of the parking lot. Pro'/ide material and colors to be I:lsed in the eonstmetion oftlle "Garden
Wall". The detailed elevation and eross seetion and the material and eolors shall be revie'Ned and
appro./ed by staff and fivo members of tlle Design Review Board prior to the City issl:ling a zoning
certifieate for this site.
5. Provide detailed cut sheets of the bike rack and benches showing the size, height, color, etc. to be
installed on this site. The detailed cut sheets shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application. A separate design review application (DR-36-09) has been
submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
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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 a Zoning Certificate for this site.
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 bu ilding 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 shaH 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
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
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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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development 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.
18. Basements in the flood plain are prohibited.
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19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and a1l 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 City
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 the City Council 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/
insta1lation 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 ofthe 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 City Council approval date).
25. A1l 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 October 8, 2009.
2. Requests for agencies' reviews were transmitted on October 22, 2009, 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-35-09) 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-P (mixed use with development agreement PUD) zoning district.
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DATED this 10th day of December 2009.
Eric R. McCullough, Chairman
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