Findings - DR - 2010 - DR-07-10 - Construct A Bank Financial Institution W/3 Drive Up Service Lanes
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A BANK! )
FINANCIAL INSTITUTION WITH THREE )
DRIVE UP SERVICE LANES FOR KEY BANK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-07-10
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on May 13, 2010. 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:
Key Bank, represented by Craig Slocum with CSHQA, is requesting design review approval to
construct a 3,876-square foot bank/financial institution with two (2) drive up service lanes and one
(1) A TM lane. The 1.-1 I-acre site is located on the north side of East State Street approximately
300-feet east of North Horseshoe Bend Road at 3144 East State Street (Lot 11, Block 1, YES
Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 8, 2010.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 27, 2010, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne and
Country Centre (PP-18-00).
On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional
use approval for Eagle Towne & Country Shopping Center and a height exception (CU-18-00).
On April 24, 200 I, the Eagle City Council approved the common area landscaping within Eagle
Towne and Country Centre (DR-06-01).
On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle
Towne and Country) (FP-OI-02).
On May 26, 2004, the Eagle City Council approved a design review application for a
bank/financial institution with drive up service for Bank of America (DR-l 1-04).
On May 26, 2004, the Eagle City Council approved a design review sign application for building
wall, monument, and directional signage for Bank of America (DR-l 2-04).
E. COMPANION APPLICATIONS:
DR-08-10 (design review sign application for building wall and monument signage)
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CU-OI-IO (conditional use permit for a bank/financial institution with drive up service lanes)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3 (Highway Business District) Vacant Lot
Proposed No Change No Change Bank with drive up service
North of site Commercial C-3 (Highway Business District) Retail Business (Northwest
Pets)
South of site Mixed Use MU (Mixed Use) St. Lukes Regional Medical
Center
East of site Commercial C-3 (Highway Business District) Shopping center driveway
access and bank with drive up
service (Syringa Bank)
West of site Commercial C-3 (Highway Business District) Shopping center driveway
access and restaurant with drive
thru service (Carl's Jr.)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The vacant parcel is a part of the YES Subdivision, with landscape borders on the west and south
boundaries (construction with the development of the Eagle Promenade Shopping Center). In
addition, portions of the shopping center parking and drive aisles have been completed.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Req uired
Total Acreage of Site 48,787 -square feet (1. II-acres) 1,300-square feet (0.03-acres)
(minimum)
Percentage of Site Devoted to 8% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 58% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 2 I-parking spaces 20-spaces, plus queue space for
four cars per drive up service
lane
Front Setback 68-feet (south) 30-feet minimum (pursuant to
CU-18-00)
Rear Setback 30-feet (north) O-feet minimum
Side Setback 109-feet (west) O-feet minimum
Side Setback 1 14-feet (east) O-feet minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a bank/financial institution.
Height and Number of Stories of Proposed Buildings: 22-feet in height, one story.
Gross Floor Area of Proposed Buildings: 3,876-square feet.
On and Off-Site Circulation:
A 16,440-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is proposed to be located on the south side of the east/west
driveway approximately 100-feet east of the main north/south entrance into the development. One
50-foot wide exit only driveway is proposed to be located on the south side of the east/west
driveway approximately 50-feet west ofthe secondary north/south entrance into the development.
K. BUILDING DESIGN FEATURES:
Roof: Single Ply Membrane Roof (white)
Walls: Brick (quaker velour, simon's blend), Stone (aspen bark, buffstone)
Windows/Doors: Clear anodized aluminum store front
Fascia/Trim: Pre-finished aluminum cornice system (sandstone), fabric awnings (red)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located along the
west and south property lines of this site. The trees are to be retained and protected.
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Tree Replacement Calculations: NI A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The trees along East State Street were installed with the common area landscaping
associated with the development of Eagle Promenade (YES Subdivision).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: NIA
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perim-eter landscaping is proposed on the west, south, and east property lines.
Landscaping is not proposed along the north property line as this is a shared drive
aisle providing vehicular circulation throughout the development.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One lOS-square foot trash enclosure is proposed to be located along the east side of the site
approximately 120-feet south of the east/west driveway within the development. The enclosure is
proposed to be constructed ofCMU with brick to match that used in the construction of the
building with metal gates painted to match the color of the brick.
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 which will be constructed to
match the building.
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 (DR-OS-l 0) is
required for the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
A preliminary approval letter from Eagle Fire Department has 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
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Floodplain - no
Mature Trees - yes - within the landscape areas along East State Street and the main entrance to
the development.
Riparian Vegetation - no
Steep Slopes - no
StreamlCreek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Chevron Pipe Line - No conflict with the Chevron Pipe Line
Eagle Fire Department - No opposition, however, a complete set of building plans are required to
be reviewed and approved by the Eagle Fire Department prior to a building permit being issued.
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 (adopted OS-25-09) designates this site as:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within the central Business
District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: -
· Eagle City Code Section S-2-3
BanklFinancial Institution with drive up service requires the approval of a conditional use
permit within the C-3 zoning district.
· Eagle City Code Section S-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
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· Eagle City Code Section 8-2A-7(K)( 4)(b )(5)
A terminal island for a single row of parking spaces shall be landscaped with at least one tree
and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall
contain not less than two (2) trees and shrubs, ground cover, or grass.
· Eagle City Code Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to grant
other conditional use permits.
C. PROVISIONS OF THE CONDITIONAL USE PERMIT, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS SITE:
· The applicant shall install measures to minimize the decibel level of the outdoor intercom system
and its effects on adjacent properties (sound not to be audible at more than one-hundred feet from
source). Details shall be submitted for review and approval by the Design Review Board prior to
the issuance of any building permits (ECC 8-7-3-5[D][I]).
· The applicant shall provide a minimum forty-eight inch (48") high berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination
thereof within the buffer area adjacent to the drive up service lane to reduce the impact of the
vehicles utilizing the drive up service lanes (i.e. vehicle headlights and vehicle cueing). Details
shall be submitted for review and approval by the Design Review Board prior to the issuance of
any building permits (ECC 8-7-3-5[D][I]).
· The applicant shall submit a design review application showing elevations of the proposed
building, site landscaping, and parking (ECC 8-2A-6, 8-2A-7). The design review application shall
be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate
for this site (ECC 8-2A-17).
D. DISCUSSION:
· The applicant is requesting approval to construct a 3,876-square foot bank/financial institution
with three (3) drive up service lanes which includes a lane for an ATM. The exterior building
materials will consist of brick, stone, pre-finished aluminum cornice, fabric awnings, and clear
anodized aluminum storefront windows. The proposed materials and colors all complement each
other and the surrounding buildings located within the general location. The drive up service lanes
are proposed to be located on the east side of the building.
The master landscape plan approved by the City for Eagle Promenade (YES Subdivision) was
designed with landscaping along the southern boundary of the center (adjacent to East State
Street). The existing wall and landscaping appear to provide adequate screening of the drive up
service lanes adjacent to State Highway 44. Staff defers comment regarding the landscaping
adjacent to the east side of the drive up service lanes to the Design Review Board.
· The landscape plan date stamped by the City on April 8, 2010, shows the landscaping on this site
to end at the west property line ofthe site leaving approximately five (5) feet to eight (8) feet of
area between the property line and the east side of the existing sidewalk along the main entry drive
into the development. The applicant should be required to provide a revised landscape plan
showing how the five (5) feet to eight (8) feet of area between the west property line and the
sidewalk is to be landscaped. 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.
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· The landscape plan date stamped by the City on April S, 2010, shows the two terminal islands
located north of the parking area on the west side of the building to have grass and shrubs planted
within them and the terminal island with the sidewalk adjacent to the parking area near the
retention pond to have just grass. Per Eagle City Code, a terminal island is required to have at
least one tree and shrubs, ground over, or grass. The applicant should be required to provide a
revised landscape plan showing trees to be located within the two terminal islands located north of
the parking area and one tree located within the southwestern terminal island of the parking area
on the west side of the building. 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.
· 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 to consider the- application was held before the Design Review Board on May 13, 2010, 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 3 to 0 (McCullough, Grubb, Whittaker, and Koci absent) to approve DR-07-10
for a design review application to construct a bank/financial institution with three drive up service
lanes for Kay Bank, with the following staff recommended site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions ofCU-Ol-lO.
2. Provide a revised landscape plan showing how the five (5) feet to eight (S) feet of area between the
west property line and the sidewalk is to be landscaped. 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.
3. Provide a revised landscape plan showing trees to be located within the two terminal islands located
north of the parking area and one tree located within the southwestern terminal island of the parking
area on the west side of the building. 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.
4. Provide detailed elevations showing the style, size, color, etc. of the proposed bench located on the
south side of the building to the east of the main entrance.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
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7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
9. Rooftop mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
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-08-1 0) has been
submitted for the approval of signage 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
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 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
andlor 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 l~ne 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
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organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
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 (Le.; 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
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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 andlor 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 City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staffmay
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 constructionl
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review andlor 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 waiverlvariance 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. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use oflandscaping (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, claim~ in any way associated with this application.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 8, 2010.
2. Requests for agencies' reviews were transmitted on April 27, 2010, 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-07-10) 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 C-3 (highway business district) zoning district.
DA TED this 27th day of May 2010.
ATTEST:
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