Findings - DR - 2015 - DR-47-15 - Common Area Landscaping In Ashbury Subdivision No 3BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE COMMON )
AREA LANDSCAPING WITHIN ASHBURY )
SUBDIVISION NO.3 FOR SCS BRIGHTON LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -47 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on December 10, 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:
SCS Brighton LLC, represented by Michael Wardle, is requesting design review approval to
construct the common area landscaping within Ashbury Subdivision No. 3. The 7.67 -acre site is
located approximately 1/4 -mile west of Meridian Road and 1/4 -mile north of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 21, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 29, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved a comprehensive plan amendment from
Transitional Residential (Ada County designation) to Professional Office for a portion of this
original site (CPA- 09 -06).
On March 27, 2007, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) and
preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52 -acre
site is located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian
Road at 6615 North Meridian Road (A- 19- 06/RZ -25 -06 and PP- 19 -06).
On August 28, 2007, the City Council approved the final plat for Castlebury West Business Park
No. 1 for Capital Development, Inc. (FP- 08 -07).
On March 11, 2008, the City Council approved the final plat for Castlebury Business Park No. 2
for Capital Development, Inc. (FP- 01 -08).
On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text
amendment changing the land use designation on the Comprehensive Plan Land Use Map from
Mixed Use and Professional Office to Commercial for the property located on the northeast corner
of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation
(once the property is contiguous to Eagle City limits) and a rezone with development agreement
from RUT (Rural Urban Transition) to C -3 -DA (Highway Business District with a Development
Agreement) (CPA -5 -08 & A -03 -08 & RZ- 8 -08).
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On November 25, 2009, the Eagle City Council approved a de- annexation of this property
(Ordinance 614).
On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) for
Capital Development, Inc. (A- 04- 09/RZ- 04 -09).
On July 9, 2013, the Eagle City Council approved a development agreement modification and
preliminary plat for Ashbury Subdivision (RZ -04 -09 and PP- 02 -13).
On September 10, 2013, the Eagle City Council approved a final plat application for Ashbury
Subdivision No. 1 (FP- 12 -13).
On September 12, 2013, the Eagle Design Review Board approved a design review application for
the common area landscaping within Ashbury Subdivision No. 1 (DR- 39 -13).
On April 8, 2014, the Eagle City Council approved a final plat application for Ashbury
Subdivision No. 2 (FP- 04 -14).
On April 10, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Subdivision No. 2 (DR- 12 -14).
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: The site is undeveloped and used for agricultural uses.
I. SITE DESIGN INFORMATION:
Total Acreage of Site — 7.67 -acres
Total Number of Lots — 3 5
Residential — 31
Commercial — 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Transitional Residential
MU -DA (Mixed Use with
Agriculture
Development Agreement)
Proposed
No Change
No Change
Residential
North of site
Transitional Residential
MU -DA (Mixed Use with
Ashbury Subdivision No. 1
Development Agreement)
South of site
Transitional Residential
MU -DA (Mixed Use with a
Agriculture and Castlebury
development agreement)
Business Park
East of site
Transitional Residential
MU -DA (Mixed Use with a
Ashbury Subdivision No. 1
development agreement)
West of site
Mixed Use and
MU -DA (Mixed Use with a
Proposed Ashbury
Transitional Residential
development agreement)
Subdivision No. 4
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped and used for agricultural uses.
I. SITE DESIGN INFORMATION:
Total Acreage of Site — 7.67 -acres
Total Number of Lots — 3 5
Residential — 31
Commercial — 0
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Total Number of Units — 31
Industrial — 0
Common — 4
Single - family — 31
Duplex — 0
Multi- family — 0
Total Acreage of Any Out - Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: None
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation: N/A
K. BUILDING DESIGN FEATURES: N/A
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: Street trees are proposed throughout the development.
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 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, Eagle Fire Department,
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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
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
Idaho Transportation Department
Republic Services
Settlers Irrigation District
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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
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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. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The applicant shall submit a Design Review application with a landscape plan showing the
required improvements (terming, landscaping, sidewalk, and irrigation pumphouse) within the
common lots pursuant to Eagle City Code 8 -2A to 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.
All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
• The applicant shall provide a plan to preserve the trees located adjacent to the northern boundary
of the development. The plan shall be reviewed and approved by the Design Review Board prior
to submittal of a final plat application.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A -7(M)
M. Parkway Strips, Separated Sidewalks, And Street Trees:
3. Within residential developments one shade class (class IT) 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
with the distance between trees to be a minimum of thirty five feet (35') and a maximum
of eighty feet (80) of street frontage.
D. DISCUSSION:
The applicant is requesting design review approval of the common area landscaping within the
third phase of Ashbury Subdivision. There are no structures proposed within this phase of the
development. The applicant is proposing to use a 5 -foot high wrought iron fence which was
previously approved in phase one and two of this development. Street trees with separated
sidewalks are proposed throughout the development and comply with that which is required within
Eagle City Code, with the exception of several areas that would conflict with ACHD storm drain
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facilities. The landscape plan, date stamped by City on October 21, 2015, shows the five (5) trees
that are unable to be placed within the planter strip. Pursuant to past action in phase one and two
of this development, the applicant was permitted to provide a landscape plan showing street trees
located behind the sidewalk on the side property lines, due to ACRD storm drain facilities located
within the planter strip. The landscape plan, date stamped by the City on October 21, 2015, shows
the street trees located behind the sidewalk and on the side property lines where ACRD storm
drains facilities are located within the planter strips.
Sheet L1.02, date stamped by the City on October 21, 2015, shows the internal pathways proposed
on Lot 3, Block 4, and Lot 19, Block 3, to be 5 -feet wide. Pursuant to the preliminary plat
approval and Eagle City Code, the internal pathways are required to be a minimum of 6 -feet in
width. The applicant should be required to provide a revised landscape plan showing the internal
pathway located on Lot 3, Block 4, and Lot 19, Block 3, to be a minimum of 6 -feet in width. The
revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing
the final plat.
• Staff defers comment regarding common area landscaping 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 10,
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 (Brasher absent) to approve DR -47 -15 for a design review application to
construct the common area landscaping within Ashbury Subdivision No. 3 for SCS Brighton LLC,
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 Ashbury Subdivision (PP- 02 -13).
2. Provide a revised landscape plan showing the internal pathway located on Lot 3, Block 4, and Lot 19,
Block 3, to be a minimum of 6 -feet in width. The revised landscape plan shall be reviewed and
approved by staff prior to the City Clerk signing the final plat.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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.
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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
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
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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
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.
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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 rp for 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 October 21, 2015.
2. Requests for agencies' reviews were transmitted on October 29, 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- 47 -15) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
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Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU -DA (mixed use with development agreement) zoning district.
DATED this 14t' day of January 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
p .,.
CILert G Chairman
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ATTEST:
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Sharon K- Bergmann, Eagle City Cler
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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