Findings - DR - 2014 - DR-02-14 - Construct The Common Area Landscaping In Castlerock Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT THE COMMON )
AREA LANDSCAPING WITHIN CASTLEROCK )
SUBDIVISION FOR HAMMETT HOMES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-02-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 13, 2014. 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:
Hammett Homes, represented by Dave Yorgason with Tall Timber Consulting, is requesting
design review approval of the common area landscaping within Castlerock Subdivision. The
10.01-acre site is located on the east side of North Meridian Road approximately 950-feet north of
West Floating Feather at 1628 North Meridian Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 3, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 7, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 13, 2009, the Eagle City Council approved an annexation with rezone from RUT
(Rural-Urban Transition — Ada County designation) to R-E-DA (Residential-Estates with a
development agreement)for Terry L. and Nancy Harris(A-06-09 and RZ-07-09).
On February 23, 2010, the Eagle City Council approved a parcel division for Terry L. and Nancy
Harris (PD-03-09).
On January 28, 2014, the Eagle City Council approved an annexation,rezone, and preliminary plat
for Castlerock Subdivision(A-04-13/RZ-05-13 and PP-1013).
E. COMPANION APPLICATIONS: DR-01-14 (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 Residential Estate R-E-DA(Residential-Estates Single Family Dwelling
up to one unit per two acres and Agricultural Uses
with a Development
Agreement)and RUT(Rural
Urban Transition—Ada
County designation)
Proposed No Change R-E-DA (Residential-Estates Residential Subdivision
up to one unit per two acres
with a Development
Agreement)
North of site Residential Estate R-E(Residential-Estates up to Single Family Residential,
one unit per two acres) Canterbury Subdivision
South of site Residential Estate RUT(Rural Urban Transition- Single Family Dwelling,
Ada County Designation) Cantebury Subdivision No.
1 and Agricultural Uses
East of site Residential Estate R-E(Residential-Estates up to Single Family Dwellings
one unit per two acres) and Agricultural Uses
West of site Residential Two (2 units R-E(Residential-Estates up to Single Family Dwelling
per acre maximum)and one unit per two acres)and and Cavallo Subdivision
Residential Estate RUT(Residential Urban
Transition—Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently used for agricultural uses.
I. SITE DATA:
Total Acreage of Site— 10-acres(inclusive of 6.2-acres to be annexed and rezoned)
Total Number of Lots—6
Residential—5
Commercial—0
Industrial—0
Common(private road)— 1
Total Number of Units—
Single-family—5
Duplex—0
Multi-family—0
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Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.50-units per acre 0.50-units per acre maximum
Minimum Lot Size 78,410-square feet 78,408-square feet
Minimum Lot Width 200-feet 100-feet
Minimum Street Frontage 50-feet 35-feet
Total Acreage of Common Area 0.98-acres * 0-acres(minimum)
Percent of Site as Common Area 9.7%* 0%(minimum)
*Note—The common area is being proposed to contain a private road.
J. GENERAL SITE DESIGN FEATURES:
Open Space:
Because this subdivision will be located within the R-E zoning district, a minimum
amount of open space is not required, and none is proposed.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer requiring that lots
be so graded that all runoff runs either over the curb, or to the drainage easement, and that
no runoff shall cross any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on November 21, 2013, indicates that Lot
6, Block 1, will contain a United Water Idaho,joint utility trench, irrigation, drainage, and
street light easements. The preliminary plat delineates a 30-foot wide common driveway
easement located within Lot 4, Block 1, which will also provide access to Lot 5, Block 1.
The common driveway easement located within Lot 4, Block 1, is not noted on the plat.
Plat note #6 describes a 30-foot wide easement located within Lot 5, Block 1, for access to
the irrigation pump station and irrigation pond for maintenance and access. The plat also
delineates the 30-foot wide easement but does not describe it within the mapped area. The
preliminary plat does not delineate or note any easements located adjacent to the side and
rear property lines.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes)
Sewer is not located in proximity to the site and the development will not exceed one unit
per two acres. All homes within the development are proposed to be served by individual
septic systems.
Pressurized Irrigation:
The preliminary plat, date stamped by the City on November 21, 2013, delineates a PIR
(pressurized irrigation) line located in proximity to the front property line on all of the
proposed buildable lots.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
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be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
K. STREET DESIGN:
Private or Public Streets:
The applicant is proposing a private street to serve the subdivision. The preliminary plat,
date stamped by the City on November 21, 2013, shows a 45-foot wide typical street
section inclusive of a 30-foot wide paved street with two foot (2') wide ribbon curbing
located adjacent to each side of the street, a five foot (5') wide gravel shoulder located
adjacent to the south side of the street, and a one foot (1') wide gravel shoulder located
between the ribbon curb and a nine foot(9') wide sloped borrow ditch located adjacent to
the north side of the street.
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat, date stamped by the City on November 21, 2013, shows an
approximately 610-foot long private road terminating in a cul-de-sac. The preliminary plat
does not show a typical street section for the proposed cul-de-sac, however, the
preliminary plat shows the cul-de-sac with a landscape island with a 50-foot wide radius
from the center of the cul-de-sac to the outside edge of the street.
Sidewalks:
The preliminary plat, date stamped by the City on November 21, 2013, does not show any
sidewalks within the development. Pursuant to Eagle City Code and at the Council's
discretion, a four foot(4')wide striped path (with pedestrian designation markings such as
diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be
permitted in lieu of constructing sidewalks.
Curbs and Gutters:
See "Private and Public Streets"section above.
Lighting:
The applicant has indicated within the provided narrative that "Dark Sky" lighting will be
provided adjacent to the private street. Location and lighting specifications lighting shall
be provided to the City Zoning Administrator prior to the submittal of the final plat. Any
modifications made to the lighting shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to install street trees along both sides of the street and at
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the lot corners of the lots around the cul-de-sac.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS:N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application DR-01-14 has
been submitted for the approval of the entry feature and signage for this development.
Q. FENCING:
Four foot(4')high,three(3)rail white vinyl fence on north and south side of main entry.
R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been
received by the City. A water service approval has not been received to date. Approval of the
water company having jurisdiction will be required prior to issuance of a building permit.
S. PUBLIC USES PROPOSED:None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
U. 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
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
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W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
X. 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 7, 2013, designates this site as
Residential Estate:
Suitable primarily for single family residential development within areas on acreages that may
be in transition from agricultural to residential use or may combine small scale agricultural
uses with residential uses. Maximum density of up to one(1)unit per two(2)acres.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: (None)
C. DISCUSSION:
• The applicant is requesting design review approval of the common area landscaping within
Castlerock Subdivision, a 10-acre development with 6-lots(5-buildable, 1-common [private road])
residential subdivision. Street trees are proposed throughout the development and comply with
that which is required within Eagle City Code. A four foot(4')high three(3)rail vinyl fence is
proposed along the entry of the development. Meridian Road is classified as a local street,thus
there is no minimum berm width, height, and plantings required.
• Pursuant to the Eagle Fire Department response, date stamped by the City on January 22, 2014,
there is a concern that damage could be done to their equipment when the street trees mature and if
they are not maintained. Pursuant to past action by the Board,the applicant should be required to
provide a revised landscape plan providing a note stating: "Contractors are responsible to prune all
lower branches on deciduous trees (adjacent to roadways)up to a minimum of 8-feet from existing
surfaces". The revised landscape plan should be reviewed and approved by staff prior to the City
Clerk signing the final plat.
The Eagle Fire Department correspondence also indicates that the radius of the cul-de-sac and
driveway intersection do not meet the minimum inside turning radius of 28-feet, and that it is not
approved. The applicant should be required to comply with any concerns of the Eagle Fire
Department addressed in their letter date stamped by the City on January 22, 2014, prior to the
City Clerk signing the final plat.
• Staff defers comment regarding building design and colors to the Design Review Board.
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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 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
including the applicant/representative).
BOARD DECISION:
The Board voted 3 to 0(McCullough, Grubb, and Hash absent,Hull abstained)to approve DR-02-
14 for a design review application to construct the common area landscaping within Castlerock
Subdivision for Hammett Homes,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 of A-04-13/RZ-05-13 and PP-10-13.
2. Provide revised landscape plans providing a note stating"Contractors are responsible to prune all
lower branches on deciduous trees(adjacent to roadways)up to a minimum of 8-feet from existing
surfaces". The revised landscape plan shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
3. Comply with any concerns of the Eagle Fire Department addressed in their letter date stamped by the
City on January 22, 2014, prior to the City Clerk signing the final plat.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed on 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 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.
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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
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
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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.
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
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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 January 3, 2014.
2. Requests for agencies' reviews were transmitted on January 7, 2014, 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-02-14) 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 R-E-DA (Residential-Estates 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 Cou s , Ida
Ada
De rubb, Chairman �.•',�.( OF�9
expoR,y ' te'
ATTEST: * �' �•_ stn
1.it Vet:,S.sE A L i
Sharon K. Bergmann, Eagle Ci Clerk ",,�a....,,.,,,..
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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