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Findings - DR - 2015 - DR-19-15 - Common Area Landscaping In Banbury Meadows Subdivison No 8BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR THE COMMON AREA LANDSCAPING WITHIN BANBURY MEADOWS SUBDIVISION NO. 8 FOR HOFF COMPANIES, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -19 -15 The above - entitled design review application came before the Eagle Design Review Board for their action on July 9, 2015. 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: Hoff Companies Inc., represented by Roy Johnson with Johnson Engineering, is requesting design review approval of the common area landscaping within Banbury Meadows Subdivision No. 8. The 11.81 -acre site is located on the west side of South Chipper Way approximately 60 -feet north of the intersection of West Oakhampton Drive and South Chipper Way. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 1, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 4, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 8, 2006, the Eagle City Council approved an annexation, rezone, lot split, preliminary development plan, and preliminary plat for Banbury Meadows (RZ -95/ PPUD -95) On April 26, 2005, the Eagle City Council approved the fmal development plan and final plat for Banbury Meadows Subdivision No. 7 (final phase of Banbury Meadows planned unit development) (FPUD- 02- 05/FP- 03 -05). E. COMPANION APPLICATIONS: None Page 1 of 11 KAPlanning DepAEagle Application3\Dr\2015\DR -19 -] 5 Banbury Meadows No. 8 LS drEdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The site is vacant and there are three (3) cottonwood trees and two (2) willow trees are to be removed. I. SITE DATA: Total Acreage of Site —11.81 -acres Total Number of Lots — 29 Residential — 26 Commercial — 0 Industrial — 0 Common — 3 Total Number of Units - 26 Single - family — 26 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 2of11 KAPlaoning Dept\Eagle App1imtions\DrN2015\DR -19 -15 Banbury Meadows No. 9 LS drf..doe COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two RUT (Rural -Urban Transition — Vacant parcels /agriculture Ada County designation) and A -R (Agricultural - Residential) Proposed No Change R -3 -DA (Residential with a Single- family, residential development agreement) subdivision North of site Residential Two R -2 -P (Residential — PUD) Banbury Golf Course and Banbury Meadows Subdivision No. 5 South of site Residential Two R -1 (Residential) and A -R Carlene Estates (Agricultural- Residential) Subdivision (common lots) and single - family residence East of site Residential Two R -2 -P (Residential — PUD) Banbury Golf Course and Banbury Meadows Subdivision No. 5 West of site Residential Two RUT (Rural -Urban Transition — Single - family residence Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The site is vacant and there are three (3) cottonwood trees and two (2) willow trees are to be removed. I. SITE DATA: Total Acreage of Site —11.81 -acres Total Number of Lots — 29 Residential — 26 Commercial — 0 Industrial — 0 Common — 3 Total Number of Units - 26 Single - family — 26 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 2of11 KAPlaoning Dept\Eagle App1imtions\DrN2015\DR -19 -15 Banbury Meadows No. 9 LS drf..doe Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.20 - dwelling units per acre 2.20 units per acre maximum Minimum Lot Size 11,036- square feet 17,000 - square feet (Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square- footage in open space and a planned unit development is applied for and approved - per ECC Section 8 -6 -5 -5 [A])• Minimum Lot Width 85 -feet 75 -feet (minimum) Minimum Street Frontage 42 -feet 35 -feet (minimum) Total Acreage of Common Area 2.14- acres* 2.13 -acres (minimum) Open Space Percent of Site as Common Area 18.1 %* 18% (minimum) Open Space * .90 -acres of the area proposed as common area open space contains two (2) existing driveways providing access to the two (2) adjacent parcels. J. GENERAL SITE DESIGN FEATURES: Open Space: The applicant is proposing five (5) common lots consisting of a total of 2.14 -acres (18.1 %) of common area. The preliminary plat, date stamped by the City on July 24, 2014, shows a common lot (Lot 17, Block 42) located adjacent to the southern property line to be 39,303 - square feet (.90- acres) in size. Lot 17, Block 42, consists of existing driveways providing access to two (2) adjacent properties. The remaining common lots consist of a common area located at the entrance to the subdivision, a centrally located open space common area, and two (2) smaller common areas located adjacent to W. Hampton Bay Drive. 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 and City Attorney, 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. Page 3 of 11 K1P1anning Dept\Eagle Applications\DA2015\DR -19 -15 Banbury Meadows No. 9 LS drf.doc Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9 -3 -6 requires utility easements to be not less than 12 feet wide, except that lesser widths, to coincide with respective setbacks, may be considered as part of a planned unit development. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Meridian Rural Fire District and the Eagle Fire District. On -site Septic System: No Preservation of Existing Natural Features: The property was previously farmed with the exception of the area located adjacent to Kid's Creek located adjacent to the southern boundary of the site. The applicant is proposing to include Kid's Creek within a common lot to preserve the creek area. 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. BUILDING DESIGN FEATURES: Roof Architectural Asphalt Shingles (black) Walls: Stucco, Synthetic Stone Windows/Doors: Vinyl window (tan), Metal door Fascia/Trim: Stucco L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are five (5) existing trees located on site. The trees are cottonwood and willow trees. Tree Replacement Calculations: No tree replacement is required for the trees being removed. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: Street trees are proposed throughout the development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: 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 Zoning Administrator 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. Page 4 of 11 KAPlanning Dept\Eagle ApplicationADA201SM -19 -15 Banbury Meadows No. 8 LS drf.doc Q. FENCING: 4 -foot high black wrought iron R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from the Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. 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 - yes 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 W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Eagle Fire Department 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 3, 2011) designates this site as Residential Two: Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. Page 5 of 1 1 KAP1a ring DeptNE,g1e Appliwdons\D02015\DR -19 -15 Banbury Meadows No. 8 LS drf.doc B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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 I 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 C. pRELI IINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision, 3) building elevations for all proposed common area structures 4) landscape screening details of the irrigation pump house, and 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code Section 9 -4 -2 -2 for 150% of the cost of the installation of all landscape and irrigation improvements shall be provided to the City. D. DISCUSSION: The applicant is requesting design review approval of the common area landscaping within Banbury Meadows Subdivision No. 8, a 29 -lot (26- buildable and 3- common) residential subdivision. The applicant is proposing to construct a pump house for irrigation. The pump house is proposed to be located within the southeast corner of the common area located at the entrance to the development. Colored elevation plans have been submitted; however, the specific colors and materials have not been called out. The applicant should be required to provide a color board indicating the specific colors and materials to be used in the construction of the pump house. The color board should be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. • The landscape plan, date stamped by the City on June 1, 2015, does not show any useable Page 6 of 11 KAPlanning Dept\Eagle Applications\DA201ADR -19 -15 Banbury Meadows No. 8 Ls drf.doc amenities within the common area. Pursuant to the preliminary plat approval of this development, the applicant is required to provide useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities within the common areas. The applicant should be required to provide a revised landscape plan showing useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities within the common area. Detailed elevations and/or cut sheets of the useable amenities should be submitted. The revised landscape plan and elevations and/or cut sheets should be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. • 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 July 9, 2015, 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 6 to 0 (Hash absent) to approve DR -19 -15 for a design review application of the common area landscaping within Banbury Meadows Subdivision No. 8 for Hoff Companies Inc., with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of Banbury Meadows Subdivision No. 8 (A- 02- 14/RZ -02 -14 & PP- 01 -14). 2. Provide a color board indicating the specific colors and materials to be used in the construction of the pump house. The color board shall be reviewed and approved by staff and two members of the Design Review Board prior to the City Clerk signing the final plat. 3. Provide a revised landscape plan showing useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities within the common area. Detailed elevations and/or cut sheets of the useable amenities shall be submitted. The revised landscape plan and elevations and/or cut sheets shall be reviewed and approved by staff and two members of the Design Review Board 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. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 6. No signs are proposed with this application. A separate design review application is required for the construction of any signage associated with this development. 7. Provide revised buildiniz elevations of the pump house showing a modified roof line (i.e.: removal of gable on east elevation). The revised building elevations shall be reviewed and approved by staff and Page 7 of 11 K:\Planning Dap, \Eagle Appli —e i...\D,\2015\DR -19 -15 Banbury Meadows No. 8 LS drf.doc one member of the Design Review Board prior to the City Clerk signing the final plat. 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 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 Page 8 of 11 KAPlanning DeptTagle Applications\DA2015\DR -19 -15 Banbury Meadows No. 8 LS drf.doc 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 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 Page 9 of 11 KAPlanning Dept\Eagle ApplicationADA2015\DR -19 -15 Banbury Meadows No. 8 LS drf.doc 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 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. Page 10 of 11 KAPlanning Dept\Fagle App1ications\Dr\2015\DR -19 -15 Banbury Meadows No. 8 LS drf.doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 1, 2015. 2. Requests for agencies' reviews were transmitted on June 4, 2015, 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- 19 -15) 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 -3 -DA (residential with a development agreement) zoning district. DATED this 23rd day of July 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE 4Ada Count41dCl'o bruM, airman ATTEST: 4Q � (9\( Sharon K. Bergmann, Eagle City Clerk ice, � ~••••C�� ,,�• (�• YOR4% 0C 4 S AL 00990009 It.; -17)i OF xv.o, Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 11 of 11 K'\Planning DeptWEagle Applications\Dr\201 MDR -19 -15 Banbury Meadows No. 8 LS drf doc