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Findings - DR - 2015 - DR-36-15 - Construct A 8411 Sq' Tire And Lube ShopBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A TIRE SHOP FOR COMMERCIAL TIRE IN EAGLE ISLAND MARKETPLACE FOR COMMERCIAL TIRE COMPANY FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -36 -15 The above - entitled design review application came before the Eagle Design Review Board for their action on October 8, 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: Commercial Tire Company, represented by David Blodgett with Rudeen Architects, is requesting design review approval to construct an 8,411- square foot tire and lube shop. The 1.68 -acre site is generally located on the northeast corner of North Linder Road and Chinden Boulevard at 6524 North Linder Road within Eagle Island Marketplace. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 3, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 10, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text amendment and annexation (once contiguous) and a rezone with development agreement for this site (CPA -5 -08 & A -03 -08 & RZ- 08 -08). On July 14, 2009, the Eagle City Council approved a design review application for the common area landscaping for Eagle Island Marketplace, including Fred Meyer and eight (8) multi -tenant retail/restaurant buildings within Lazy P Subdivision (aka Eagle Island Marketplace) (DR- 13 -09). On July 14, 2009, the Eagle City Council approved a design review application for the master sign plan for Eagle Island Marketplace (DR- 14 -09). On November 10, 2010, the Ada County Board of County Commissioners approved a comprehensive plan amendment, rezone with development agreement, master site plan and preliminary plat for Eagle Island Marketplace (CPA- 05 -08, A- 03 -08, and RZ- 08 -08). On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation and rezone with development agreement of the property associated with Eagle Island Marketplace. Ordinance No. 652 also recognized the vested development rights associated with the approved Ada County preliminary plat application number 201000571 -S. On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P Subdivision (FP- 0I -11). Page 1 of 11 KAPlanning Dept\Eagle Applianions'Dr12015\DR -36 -15 Commercial Tiro in ERAP drf.doc On April 5, 2012, Eagle City Staff approved a design review sign application to modify the master sign plan for Eagle Island Marketplace (DR -14 -09 MOD). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: A parking lot with landscaping has been constructed on the eastern portion of the site and the western portion is a vacant pad site. Page 2 of 11 K1Planning Dept\Eagle Applications\Dr\2015\DR -36 -15 Commercial Tire in EVAP dr£doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use Professional C -3 -DA (Highway Business Vacant Lot within Eagle Island Office Commercial District with development Marketplace agreement) Proposed No Change No Change Tire Shop North of site Mixed Use Professional C -3 -DA (Highway Business Fred Meyer within Eagle Office Commercial District with development Island Marketplace agreement) South of site Mixed Use Professional C -3 -DA (Highway Business Vacant Lot within Eagle Island Office Commercial District with development Marketplace agreement) East of site Mixed Use Professional C -3 -DA (Highway Business Parking lot for Fred Meyer Office Commercial District with development within Eagle Island agreement) Marketplace West of site Mixed Use Professional C -3 -DA (Highway Business Automotive Washing Facility Office Commercial District with development (under construction) agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: A parking lot with landscaping has been constructed on the eastern portion of the site and the western portion is a vacant pad site. Page 2 of 11 K1Planning Dept\Eagle Applications\Dr\2015\DR -36 -15 Commercial Tire in EVAP dr£doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.68 -acres (73,180- square feet) 0.03 -acres (1,300 - square feet) (minimum) Percentage of Site Devoted to Building Coverage 12% 92% (maximum) Percentage of Site Devoted to Landscaping 30% (approximately) 10% (minimum) Number of Parking Spaces 87- parking spaces 38- parking spaces (minimum) Front Setback 44 -feet (east) 0 -feet Rear Setback 18 -feet (west) 0 -feet Side Setback 59 -feet (north) 0 -feet Side Setback 63 -feet (south) 0 -feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a tire shop. Height and Number of Stories of Proposed Buildings: 26' 6 "; one story. Gross Floor Area of Proposed Buildings: 8,411- square feet. On and Off -Site Circulation: A 41,420- square foot (approximately) paved parking lot provides parking for vehicles using this site. A 24 -foot wide drive north/south aisle provides access from both the north and south east/west loop roads provided within Eagle Island Marketplace. One 33 -foot wide driveway is proposed to be located near the southwest comer of this site providing access to the southern east/west loop road. No direct access is proposed to North Linder Road or East Chinden Boulevard. K. BUILDING DESIGN FEATURES: Roof. Membrane roof (gray) Walls: Stucco (colonial tan and Amarillo white), Ground face CMU (old pyramid and moondust), Spec -Brik (Stanton blend), Eldorado stone veneer (manzanite) Windows/Doors: Store front windows (red or clear anodized), Metal overhead doors (white or gray) Fascia/Trim: Metal (slate gray) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees with the exception of those located within the landscape island. Page 3 of 11 KAPlanning Dept\Eagle App1ications\Dr\2015\DR -3615 Commercial Tire in FTMP drf.doc Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees were installed by the developer of Eagle Island Marketplace. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking area. b. Interior Landscaping: 5% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: One 360 - square foot trash enclosure is proposed to be located at the southwest corner of the building adjacent to the west property line approximately 110 -feet north of the southern east/west loop road within Eagle Island Marketplace. The enclosure is proposed to be constructed of CMU to match the building with metal gates to be painted to match colors used on the building. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The roof top mechanical units are proposed to be screened by the parapet walls of the building. No ground mounted mechanical units are proposed and none are approved. 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. Q. PUBLIC SERVICES AVAILABLE: No preliminary approval letters from Central District Health Department, Meridian Fire Department, or 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 Page 4 of 11 KAPlanning Dept\Eagle ApplicationADA201MDR -36.15 Commercial Tire in ER& drf doc 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 Tesoro Logistics NW Pipeline 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 designates this site as Commercial. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 0 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); Page 5 of 11 KAPlanning Dept\Eagle ApplicationADA201MDR -36 -15 Commercial Tire in ERYIP drf.doc • Eagle City Code Section 8- 4 -4 -6: Bicycle Parking: One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi - family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle- Pedestrian Design Manual For Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. C. DISCUSSION: The applicant is proposing an 8,411 - square foot tire shop to be located within Eagle Island Marketplace for Commercial Tire. Per the applicant's justification letter, date stamped by the City on September 3, 2015, they are proposing to construct the building in accordance with the Romanesque Revival style of architecture as depicted within the EASD book. The fagades are asymmetric and contain various stone, stucco, brick, and masonry materials. The covered walk proposed at the northeast corner of the building is lined with stone columns with arches between the columns. A flat roof with various parapet heights with stucco cornices provided at the tallest wall sections of the building. Due to the function of this building, the building is very long and narrow, similar to the car wash proposed to the west of this site. It is staff s opinion that the applicant has provided building elevations with great detail in order to break up the length of the building by adding undulating parapet walls, columns, covered walkways, windows and doors. Through the use of materials and colors has the appearance to have great depth to building with the exception of the south building elevation. The elevation plans, date stamped by the City on September 3, 2015, show 92% of the south building elevation to have a brick finish on the southernmost building elevation. The landscape plan, also date stamped by the City on September 3, 2015, shows plant material proposed at the base of this wall that will reach a height of 2 -feet in height. It is staff s opinion that there is not enough visual interested proposed on the building or in the landscaping to help break up this 24 -foot high wall. The applicant should be required to provide revised building elevations and/or landscape plans showing greater interest to the building and/or landscaping on the southernmost portion of the building. The revised building elevation and/or landscape plans should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The applicant should be required to provide a revised site /landscape plan showing the location of a bike rack. Provide detailed cut sheets showing the style, size, height, color, etc. of the bike rack. The revised site /landscape plan and detailed cut sheets should be reviewed and approved by staff 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 October 8, 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. Page 6 of 11 KAPlanning Dept\Eagle Applications\Dr\2015\DR -36 -15 Commercial Tire in ERAP drf.doc 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 5 to 0 (Hash and Schafer absent) to approve DR -36 -15 for a design review application to construct a tire shop for Commercial Tire Company, 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 RZ- 08 -08. 2. Provide revised building elevations and/or landscape plans showing greater interest to the building and/or landscaping on the southernmost portion of the building. The revised building elevation and/or landscape plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised site/landscape plan showing the location of a bike rack. Provide detailed cut sheets showing the style, size, height, color, etc. of the bike rack. The revised site /landscape plan and detailed cut sheets shall be reviewed and approved by staff 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 for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted mechanical units are proposed with this application and none are approved. 9. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none is approved. 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 Page 7 of 11 KAPlanning Dept\Eagle ApplicationsDA2015MR -36.15 Commercial Tire in EUAP drf.doc 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. 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. Page 8 of 11 KAPlanning Dept\Eagle ApplicationADA201 MDR -36-15 Commercial Tire in EDO drf.doc 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. 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. Page 9 of 11 KAPianning Dept\Eagle Applications\DA2015\DR -36 -15 Commercial Tire in ETW drf.doc 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 September 3, 2015. 2. Requests for agencies' reviews were transmitted on September 10, 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- 36 -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 C -3 -DA (highway business district with development agreement) zoning district. Page 10 of 11 KAPlanning Dept\Eagle Applic tions\DA2015\DR -36-15 Commercial Tire in EINe drf.d- DATED this 22 °d day of October 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Ro rubb Chairman ••.••• pF EAC�� ••,••, gORAp� # dop V &V ,•�� J Sharon K. Bergmann, Eagle City Cle k toggle 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 Dept\Eagle Applications\Dr\2015\DR -36 -15 Commercial Tire in ETMP dr£d0t