Findings - DR - 2013 - DR-64-13 - Construct A Church Facility For The Church Of Christ Temple Lot BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A )
CHURCH FACILITY FOR THE CHURCH OF )
CHRIST TEMPLE LOT FOR CHARLIE BRAIN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-64-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 12, 2013. 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:
Charlie Brain,represented by James Gipson, is requesting design review approval to construct a
2,103-square foot church facility. The 0.3-acre site is located on the south side of East Dunyon
Street approximately 580-feet west of South Parkinson Street at 2225 East Dunyon Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 7, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 12, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:N/A
E. COMPANION APPLICATIONS: N/A
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU(Mixed Use) Church Facility
Proposed No Change No Change No Change
North of site Residential Four R-4 (Residential) Residential
South of site Mixed Use BP(Business Park) Mobile Homes
East of site Mixed Use MU(Mixed Use) Mobile Home
West of site Mixed Use MU(Mixed Use) Mobile Home
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DSDA (Dunyon/State
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Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing modular home located on the site and
numerous trees throughout the site. The site is currently accessed from East Dunyon Street but
also has frontage on East State Street to the south.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.3-acre (13,068-square feet) 0.11-acres (5,000-square feet)
Percentage of Site Devoted to 16% (approximately) 50%(maximum)
Building Coverage
Percentage of Site Devoted to 53%(approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 10-parking spaces per alternate plan 8-parking spaces (minimum)
Front Setback 87-feet(south) 15-feet(minimum)*
Rear Setback 21-feet(north) 15-feet(minimum)*
Side Setback 10-feet(west) 5-feet(minimum)*
Side Setback 25-feet(east) 5-feet(minimum)*
*Note:Required setbacks within the DSDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a church facility.
Height and Number of Stories of Proposed Buildings: 20-feet; one story.
Gross Floor Area of Proposed Buildings: 2,103-square foot.
On and Off-Site Circulation:
A 4,235-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 25-foot wide driveway is proposed to be located on the south side of this site
approximately 20-feet east of the west property line providing access to East State Street.
K. BUILDING DESIGN FEATURES:
Roof: Architectural Fiberglass Shingle(charcoal)
Walls: Horizontal Lap and Board and Batt siding(Tan)
Windows/Doors: Vinyl windows (white), Aluminum doors
Fascia/Trim: Fiber cement board(brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees on the
site.
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Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing three (3) Callery Pear trees to be planted along Dunyon
Street approximately 8-feet south of the edge of pavement. No street trees are proposed along East
State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the south, east and west of the proposed
parking area.
b. Interior Landscaping: 5% interior landscaping is required, 8% is proposed.
M. TRASH ENCLOSURES:
No trash enclosure is proposed with the construction of this facility. The applicant indicates
within the application that minimal trash is generated and will be removed by occupants upon the
use of the facility.
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 Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from 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.
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
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Mature Trees—yes—see Sheet 1
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:
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
Idaho Transportation Department
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 August 25, 2009) designates this site as Mixed
Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business
District(CBD). Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process, see specific planning
area text for a complete description. An allowable density of up to 10 units per 1 acre
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.
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• Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
• Eagle City Code Section 8-2A-6(A)(6)
Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies, bays, porches, covered entries,
overhead structures, awnings, changes in building facade and roofline alignment,to
provide shadow relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing
area development. Use of color to provide blending of materials with the surrounding area
and building use, and the functional appropriateness of the proposed building design as it
relates to the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
• Eagle City Code Section 8-2A-6(F)
Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book.
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to
encourage new development by providing unique regulations specific to this district.
2. Setbacks And Site Design:
a. Front And Rear Setbacks: Front and rear building setbacks from the property line
shall be fifteen feet(15')minimum.
b. Side Setbacks: Side building setbacks shall be five feet(5')minimum.
c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and
the city encourages joint efforts between adjoining property owners. Suggested
amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree
displays in movable planters, outdoor dining, plazas, streetscape extension and bike
racks.
d. Site And Landscape Design: At the discretion of the design review board the
following may be considered when the board finds that the site has been designed in
harmony with the design guidelines, objectives and considerations noted within
subsection A of this section.
(1)Interior and perimeter parking lot landscape area dimensions may be reduced.
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(2) The minimum required landscaping between the building and the property line
may be reduced when the design review board finds that the building's design
style and architecture serves as an appropriate buffer to the adjacent property.
(3) Screen and/or perimeter fencing utilizing chainlink with vision slats may be
considered. Perimeter fencing facing the public street is prohibited. Barbwire
and/or razor/ribbon wire located on top of the chainlink fence is prohibited.
• Eagle City Code Section 8-2A-7(C)
Existing Vegetation:
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
Removal of the following trees shall not require replacement: black locust,poplar,
cottonwood, willow,tree of heaven, elm, and silver maple. Trees which are weak wooded,
weak branched, suckering, damaged, diseased, insect infested, or containing similar
maladies may be exempt from replacement if removal is first approved by the city.
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-2A-7(M)
Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be required
when space permits. An eight foot(8')wide minimum parkway planter strip planted with
shade class (class II)trees shall be required between the sidewalk and street to provide a
canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all
streets within the eight foot(8')wide landscape strip between the sidewalk and the curb.
Trees shall be planted at the front of each lot generally located on each side lot line corner
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with the distance between trees to be a minimum of thirty five feet(35')and a maximum
of eighty feet(80')of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property.
C. DISCUSSION:
• The applicant is requesting design review approval to remove an old modular home and to
construct a new 2,103-square foot church facility with associated parking lot improvements for the
Church of Christ Temple Lot. The patrons have utilized the modular home for the past 15-years.
The site is bordered by East Dunyon Street to the north and East State Street to the south. There
are numerous trees located along the perimeter of the site, which the applicant is proposing to
retain as many of them as possible. The site has been accessed from East Dunyon Street; however,
the applicant is proposing to remove access from East Dunyon Street and provide access to the site
from East State Street.
The proposed building is very residential looking but could be classified as Craftsman Style of
architecture. It is staff's opinion that several elements need to be made to the building in order for
it to comply and more closely resemble Craftsman style of architecture. Staff defers comment to
the Design Review Board regarding the architecture of the building.
• The applicant is requesting that curb, gutter, and sidewalk not be required along East State Street
or East Dunyon Street. Pursuant to Eagle City Code, sidewalks within the DSDA are required to
be separated from the back of curb with an 8-foot wide parkway planter strip and planted with
shade class trees. The applicant should be required to provide a revised site and landscape plan
showing a 5-foot wide sidewalk with an 8-foot wide parkway planter strip and planted with a
shade class tree every 35-feet between the back of curb on East State Street and East Dunyon
Street. The revised site and landscape plan should be reviewed and approved by staff and two
members 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 December 12,
2013, 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, Brasher, Hull, and Hash absent)to approve DR-64-13 for a
design review application to construct a church facility for the Church of Christ Temple Lot for
Charlie Brain, 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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised site plan showing the road improvements along East State Street and East Dunyon
Street in compliance with that which is required by ACHD. ' . • - . . . .
class tree every 35 feet between the back of curb on East State Street and East Dunyon Street. The
revised site and landscape plan shall be reviewed and approved by staff and two members of the
Design Review Board prior to the issuance of a zoning certificate.
2. All overhead utilities servicing this site shall be located underground prior to the issuance of a
certificate of occupancy for this site.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
8. Provide a revised building elevation plan showing the south building elevation to have additional
architectural interest(i.e.: tapered columns, windows, decorative vents). The revised building
elevation shall be reviewed and approved by staff and two members of the Design Review Board prior
to issuance of a zoning certificate.
9. Provide revised site and landscape plans showing the site with 10-parking spaces. The revised site and
landscape plan shall show the correct location of the existing trees that are to be retained. The revised
site and landscape plans shall be reviewed and approved by staff and one member of the Design
Review Board prior to issuance of a zoning certificate.
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.
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
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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
City Engineer. All construction shall comply with the City's specifications and standards.
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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
elect to take those plans to the Design Review Board and the City Council for review and approval.
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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 November 7, 2013.
2. Requests for agencies' reviews were transmitted on November 12, 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-64-13) 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 (mixed use) zoning district.
DATED this 9th day of January 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
rs
—
Eric R. McCullough, Chairman
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ATTEST: 1 fOR• Os t
LREAL itt om.., — .. Ai& aii
Sharon K. Bergmann, Eagle Ci , Clerk / 11‘ ',.•.
so sss mot ssss
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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