Findings - DR - 2012 - DR-05-12 - Construct A Childcare Facility \Ai
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
A CHILDCARE FACILITY FOR ACTIVE )
MIND CHILD CARE AND PRESCHOOL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-05-12
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on February 23, 2012. 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:
Active Mind Child Care and Preschool,represented by Robert Powell with Dave Evans
Construction, is requesting design review approval to construct a 3,661-square foot childcare
facility. The 0.62-acre site is located south of West Bavaria Street approximately 750-feet west of
Meridian Road at 3405 West Bavaria Street within Castlebury West Business Park.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 19, 2012.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 30, 2012, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 24, 2007, the Eagle City Council approved a design review application for the common
area landscaping within Castlebury West Business Park(DR-29-07).
E. COMPANION APPLICATIONS: DR-06-12 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Professional Office MU-DA(Mixed Use with Vacant lot within
Development Agreement) Castlebury West Business
Park
Proposed No Change No Change Childcare facility
North of site Transitional Residential RUT(Rural Urban Transition- Agriculture/Church
Ada County Designation)
South of site City of Eagle/Meridian RUT(Rural Urban Transition Chinden Road(SH 20/26)-
area of impact boundary —Ada County Designation) Agriculture
East of site Professional Office MU-DA(Mixed Use with Medical Office Building
Development Agreement)
West of site Professional Office MU-DA(Mixed Use with Agriculture
Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site currently exists as a vacant lot within Castlebury
West Business Park.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 26,789-square feet(0.61-acres) 7,000-square feet(0.16-acres)
Percentage of Site Devoted to 14%(approximately) 50%(maximum)
Building Coverage
Percentage of Site Devoted to 18% (approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 10-parking spaces(on site but
access to over 37-parking spaces
located within the common area 12-parking spaces(minimum)
of Castlebury West Business Park
No. 2
Front Setback 25-feet(northeast) 25-feet(minimum)
Rear Setback 38-feet(southwest) 20-feet(minimum)
Side Setback 10-feet(southeast of the new
proposed lot line or 89-feet from 7.5-feet(minimum)
existing lot line)
Side Setback 12-feet(northwest) 7.5-feet(minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a childcare facility.
Height and Number of Stories of Proposed Buildings: 24-feet in height; one story.
Gross Floor Area of Proposed Buildings: 3,661-square feet.
On and Off-Site Circulation:
Access to the site will be from West Bavaria Road which connects to South Meridian Road. The
proposed building will be within the Castlebury West Business Park which has internal circulation
by way of the parking lot.
A joint parking agreement is in existence for the entire Castlebury West Business Park(Article II,
Section 3, of the CC&Rs for Castlebury West Business Park) that will allow additional parking
throughout the site. Total parking for the entire business park is calculated at 5-spaces per 1000-
square feet.
K. BUILDING DESIGN FEATURES:
Roof: Architectural composite shingle(charcoal), standing seam metal roof on tower(terra bronze)
Walls: Stone(Chardonnay drystack ledgestone), Stucco(Devonshire Green)
Windows/Doors: Aluminum storefront doors(bronze),vinyl windows (almond)
Fascia/Trim: Stucco(natural wicker and embassy green)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located within the
landscape easement that is adjacent to the south property line of this site. The trees are to be
retained and protected during construction.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: The street trees along West Bavaria Street were installed by the developer of
Castlebury West Business Park.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
The landscaping around the entire parking lot was installed by the developers of
Castlebury Business Park.
b. Interior Landscaping:
The landscaping for the parking lot was approved by the City Council on July 24,
2007, as part of the landscape plan for Castlebury West Business Park(DR-29-07)
and installed.
M. TRASH ENCLOSURES:
One 112-square foot trash enclosure is proposed to be located west of the driveway off of Bavaria
Street. The enclosure is proposed to be constructed of CMU walls covered with stone with metal
gates, all of which will match the colors used in the construction 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 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:
A separate design review sign application has been submitted for the proposed signage on this
building.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Meridian Rural Fire
Protection 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
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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):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:
Ada County Highway District—No specific conditions. The applicant is required to comply with
the Applicant's Responsibilities Checklist.
Central District Health—The applicant is required to contact CDHD regarding licensing
requirements.
Chevron Pipeline—No conflict.
Eagle Sewer District—Construction plans are required to be submitted and reviewed by the
District to assess sewer capacity fees and monthly user charges.
Flood Control District No. 10—This site is outside of the FCD10 boundary. No additional
conditions.
Meridian Rural Fire Protection Department—No specific concerns. Will required construction
plans to be submitted and reviewed.
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 designates this site as Professional Office
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(CBD).
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• Rim View Planning Area(6.8.8.c.)
Design of this area should be compatible to the existing residential and recreational uses
currently present in the area.
Design of commercial and office uses should be compatible with the existing residential uses
and contain significant landscaped buffers and design elements. Scale of the commercial
development should be similar to the Eagle Marketplace and provide for pedestrian linkages to
the residential areas adjacent to the site.
Both Chinden Boulevard and Linder Road should be developed with a detached sidewalk and
planting strip adjacent to the back of curb further solidifying the gateway corridor of Chinden
Boulevard.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(A)(5)(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(B)(5)(c) states in part
All vents protruding through the roof and similar features shall be painted so as to match the
color of the roof.
• Eagle City Code Section 8-2A-7(B)(4)
If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a minimum of
twenty five feet(25')(on site)beyond the proposed development.
• Eagle City Code Section 8-2A-7(J)(1)(2)(c)
To conceal outdoor storage areas,trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot(5')wide by six foot(6')high
landscaped buffer is required.
• Eagle City Code Section 8-4-5 (off street parking requirements)
Childcare—Daycare Center 3 for each classroom but not less than 9 for the building
C. DISCUSSION:
• The applicant is proposing to construct a 3,661-square foot childcare facility within Castlebury
West Business Park. The applicant's justification letter indicates that the architectural style of the
building is to be"Craftsman". The proposed building incorporates some of the features of the
Craftsman design as described in the Eagle Architecture and Site Design Book, including stone
wainscoting,wood corbels,tapered columns,4 over 1 sash windows, and architectural
composition shingles.
• The applicant is proposing to construct a trash enclosure within the common area parking just west
of the driveway entrance on West Bavaria Street. There is existing landscaping on the east and
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west sides of the proposed location;however,there is no landscaping to the north of the proposed
trash enclosure location. Per Eagle City Code,trash enclosures are to be screen from view by a
five foot(5')wide by six foot(6')high landscaped buffer. The applicant should be required to
provide a revised landscape plan showing the trash enclosure screened on the north, east, and west
elevations by a five foot(5')wide by six foot(6')high landscaped buffer. The revised landscape
plan should be reviewed and approved by staff and one member of the Design Review Board prior
to the issuance of a zoning certificate.
• The site and landscape plans date stamped by the City on February 15, 2012, show a storage shed
to be located near the southwest corner of the building within the outdoor play areas. The
applicant should be required to provide detailed elevation plans showing the size,materials, colors,
etc. of the storage shed. The detailed elevation plans should be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate.
• 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 February 23,2012,
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 4 to 0 (McCullough, Comstock, and Hull absent)to approve DR-05-12 for a
design review application to construct a childcare facility for Active Minds Child Care and
Preschool, with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with strike thru to be deleted by the Board and text shown
with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the annexation, rezone application and development
agreement for Castlebury West Business Park(A-19-06/RZ-25-06&PP-19-06).
2. Comply with any applicable requirements of the design review application for Castelbury West
Business Park(DR-29-07).
3. Comply with any applicable requirements of the combined preliminary/final plat application(PP-FP-
02-11).
4. Provide a revised landscape plan showing the trash enclosure screened on the north, east, and west
elevations by a five foot(5')wide by six foot(6')high landscaped buffer. The revised landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
5. Provide detailed elevation plans showing the size,materials, colors, etc. of the storage shed. The
detailed elevation plans shall be reviewed and approved by staff and two one members of the Design
Review Board prior to the issuance of a zoning certificate.
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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-06-12)has been
submitted for the approval of signage on this building. The sign plan shall be reviewed and approved
prior to the City issuing a zoning certificate for this site.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Depai linent, 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
Depaitiuent 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
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runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction,rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
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. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. 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
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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 Depaitiuent 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.
14. Any recreation area, greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
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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).
26. 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.
27. 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 January 19,2012.
2. Requests for agencies' reviews were transmitted on January 30, 2012, 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-05-12) 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 8th day of March 2012.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada -, Idaho !°®,,!!!:l...,,,
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Eric R. Mc ullough, Chairman �I .,,. ) :
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ATTEST: d':' �+#Z�1f+ 90
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'3 �` ;a R AA. - jJ 4-ti
y ,, Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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