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Findings - DR - 2014 - DR-75-13 - Construct An Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT AN OFFICE )
BUILDING FOR DOUG LASHER CONSTRUCTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-75-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 23, 2014. The Board continued this item to February 13, 2014, and made their decision at that
time. 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:
Doug Lasher, with Doug Lasher Construction, is requesting design review approval to construct a
7,950-square foot office building. The 0.42-acre site is located south of West Bavaria Street
approximately 730-feet west of Meridian Road at 3443 West Bavaria Street within Castlebury
West Business Park No.2.
A. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 18, 2013.
B. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 23, 2013, in accordance with the
requirements of the Eagle City Code.
C. 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).
D. COMPANION APPLICATIONS:None
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E. 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 Castlebury
Development Agreement) West Business Park
Proposed No Change No Change Office Building
North of site Transitional Residential RUT(Rural Urban Transition- Agriculture/Church
Ada County Designation)
South of site Professional Office MU-DA (Mixed Use with Childcare Facility
Development Agreement)
East of site Professional Office MU-DA (Mixed Use with Medical Office Building
Development Agreement)
West of site Transitional Residential MU-DA(Mixed Use with Agriculture
Development Agreement)
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
G. EXISTING SITE CHARACTERISTICS: The site currently exists as a vacant lot within Castlebury
West Business Park No.2.
H. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 18,470-square feet(0.42-acres) 5,000-square feet(minimum)
Percentage of Site Devoted to 43% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 43% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 11-parking spaces(has access to 37-
parking spaces located onsite within 32-parking spaces (minimum)
the common area of Castlebury West
Business Park No. 2)
Front Setback 25-feet(east) 20-feet(minimum)
Rear Setback 25-feet(west) 20-feet(minimum)
Side Setback 10-feet(north) 7.5-feet(minimum)
Side Setback 10-feet(south) 7.5-feet(minimum)
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I. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One new building to be used as an office.
Height and Number of Stories of Proposed Buildings: 25-feet, 6-inches in height; one story.
Gross Floor Area of Proposed Buildings: 7,950-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.
J. BUILDING DESIGN FEATURES:
Roof: Presidential Asphalt(charcoal)
Walls: Cultured Stone (Monzanita Cliffstone), Stucco (Latte — upper/ Burnished Brandy - lower),
Wood Beam Material (Entry—stain minwax provencial)
Windows/Doors: Metal front doors with glass,vinyl windows (almond)
Fascia/Trim: Wood composite(Otter)
K. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located adjacent to
the west property line and within the landscape planters adjacent to the east 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 and the parking lot planters 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.
L. TRASH ENCLOSURES:
There is an existing trash enclosure which was constructed with a prior phase of construction.
M. MECHANICAL UNITS:
The applicant is proposing to use three ground mounted mechanical units. The ground mounted
mechanical units are proposed to be located on the west side of the building and near the north
corner and screened with landscaping(shrubs).
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N. OUTDOOR LIGHTING:
Parking lot lighting was previously approved with the original design review application for
Castlebury Business Park(DR-29-07).
O. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
P. FENCING:None proposed.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Ada County Highway District, Meridian Fire Department, and
Idaho Transportation Department have been received by the City. Neither sewer nor water service
approvals have been received to date. Approvals of the water & sewer companies 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):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
Department of Environmental Quality
Idaho Transportation Department
Meridian Fire Department
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 February 3, 2011) 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
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Business District(CBD).
• Rim View Planning Area(6.8.7.c.)
Design of this area should be compatible to the existing residential currently present in the
area and future mixed uses.
Design of commercial and office uses should be compatible with the existing residential uses
and contain significant landscaped buffers to reduce impacts and appealing building design
elements to promote a cohesive character. Commercial development should provide for
indirect vehicle connections and for safe and efficient pedestrian linkages to the mixed use and
residential areas adjacent to the site.
Signage for all non-residential uses should be designed to be consistent and complimentary,
with place-making being the primary objective and identification of uses being secondary.
Non-residential uses should be designed with features and materials intended to compliment
and buffer residential uses and to avoid creating a tunnel or wall effect along the backside of
the large buildings.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
1 may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD book will
not be considered. A copy of the EASD book is available at Eagle city hall.
• 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)(1)
g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block
for accent only,ten (10%)maximum wall coverage(per each façade);
h. Stucco: twenty five percent (25%) planer change required, additional accents shall be
incorporated through the use of other material(s);
• 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)
1. Landscaping shall cover a minimum of ten percent(10%) of the property.
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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(C)
1. Retention of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project
site (or from abutting right of way) replacement with an acceptable species is required as
follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more lx caliper of tree removed
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Any severely damaged tree
or shrub shall be replaced in accordance with subsection Cl of this section.
• Eagle City Code Section 8-4-5 (off street parking requirements)
Office—business and professional 1 per 250 square feet of gross floor area
C. DISCUSSION:
• The applicant is proposing to construct a 7,950-square foot office building 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 stucco,
decorative (false) wood entry beams, cultured stone accent, and architectural composition shingles
with a long-sloping, wide roof line.
• Eagle City Code 8-2A-6(B)(1) limits the percentage of the wall materials to 10% Masonry, and
25% Stucco. The applicant is proposing 19% Masonry (Cultured Stone) and 69% Stucco, which
exceeds what is allowed by Eagle City Code. 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 January 23, 2014.
The Board continued the item to February 13, 2014, 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
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including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0(McCullough, Grubb, and Hash absent)to approve DR-75-13 for a design
review application to construct an office building for Doug Lasher Construction, 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 Castlebury West
Business Park(DR-29-07).
3. The revised building elevations, date stamped by the City on January 31, 2014, showing the addition
of gables on the north and west building elevations are approved. Provide revised building elevations
showing additional architectural elements on the west building elevation (i.e.: wood material to mimic
the front gable either with a wood veneer wagon wheel, board and batten, or other architecture the
applicant chooses.) The revised building elevations shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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 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
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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(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
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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
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.
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.
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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
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 December 18, 2013.
2. Requests for agencies' reviews were transmitted on December 23, 2013, 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-75-13) 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.
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DATED this 27th day of February 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, Chairman ,,��.. 'OF u,,,,,,,,,,
G ff?O R 4 I
ATTEST: •
\ SEAL ) I
ete
Sharon K. Bergmann, Eagle Ci Clerk .„..,q of , �''
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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