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Findings - DR - 2004 - DR-124-04 - Construct 2 Multi-Tenant Office Buildings In Eagle River BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT TWO MUL TI- TENANT OFFICE BUILDINGS IN EAGLE RIVER FOR VENTURE DEVELOPMENT GROUP, LLC. ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-124-04 The above-entitled design review application came before the Eagle Design Review Board for their action on January 13, 2004. The Eagle 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: Venture Development LLC, represented by Roger Foster with BRS Architects, is requesting design review approval to construct one 5,000 sq. ft. multi-tenant retail building and one 7,500 sq. ft. multi-tenant retail building. The 1.35 acre site is located approximately 210 feet south of State Highway 44 within the Eagle River Development at 46 & 78 E. Eagle River Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 18, 2004. Additional information was received and the application was deemed complete on December 8, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on October 21, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development agreement (including a concept plan) for this site. On April 24, 2001, the Eagle City Council approved a preliminary plat, Mixed Use Subdivision No.1 (PP-14-00) for this site. On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision No. I (FP- 13-01) for this site. On December 17, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed Use Subdivision No.4 (PPIFP-4-02) for this site. E. COMPANION APPLICATIONS: DR-122-04 - Master Sign plan for this site Page 1 of 12 K:\Plamllng Dept\Eag1e ApplicationslDr\2004\DR-124-04 drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle district with Development River Development Agreement) Proposed No Change No Change Two multi-tenant retail buildings North of site Commercial C-3-DA (Highway Business Landscape area and pond district with Development for Eagle River Agreement) Development South of site Commercial C-3-DA (Highway Business Westmark Credit Union district with Development Agreement) East of site Commercial C-3-DA (Highway Business Vacant lot within Eagle District with Development River Development Agreement) West of site Public / Semi-Public & C-l (Neighborhood Business Eagle Road & North Commercial District) Channel Center G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The parcel is currently vacant with landscape borders on the west and north boundaries (improved with the development of Eagle River). Page 2 of 12 K:\Pbuming DeptlEagle ApplicationslDr\2004\DR-124-04 drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.35-acres 0.03-acres (1 ,300-square feet) (minimum) Percentage of Site Devoted to 21.3% (approximately) 92% - (maximum - or as may be Building Coverage limited by ECC requirements) Percentage of Site Devoted to 32.7% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 80 spaces (68 on-site, 12 off-site) 50-spaces Front Setback 130-feet (south) O-feet minimum Rear Setback 8-feet (north) O-feet minimum Side Setback 45-feet (east) O-feet minimum Side Setback 31-feet (west) O-feet minimum J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two multi-tenant retail buildings Height and Number of Stories of Proposed Buildings: A single story building, 25-feet in height as measured from the average ground level adjacent to the foundation to the peak of the roof, is proposed. Gross Floor Area of Proposed Buildings: 12,540-square feet On and Off-Site Circulation: The parking lot is served by one 30-foot wide shared driveway access on the north side of East Eagle River Drive, with additional access provided through reciprocal ingress-egress easements among the adjacent lots (currently unimproved). K. BUILDING DESIGN FEATURES: Roof: Concrete Roof Titles Grey/ Brown Walls: Fieldstone, grey/cream Stucco & cream Lapped Siding WindowsIDoors: Aluminum Store Front (Bronze) FascialTrim: Painted with burgundy colored awnings L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are nine (9) existing trees on this site (located within the previously installed landscape boarders) that the applicant is proposing to retain. See City Forester's letter concerning existing trees and landscape areas. Page 3 of 12 K:\Plwuùng DeptlEagle Applications\DrI2004\DR-124-04 ùrf.ùoc Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees along East Eagle River Drive were installed by the developer of Eagle River Development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping has not been proposed around the east or west of the southern parking lot because this site will be integrated with the surrounding parcels to share common access drive aisles. Continuous landscaping has been proposed on the western perimeter of the northern parking lot. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: One 220-square foot trash enclosure is proposed to be located along the east side of the site approximately 330-feet south of the driveway on Eagle River Street. The enclosure is proposed to be constructed of CMU block with a stucco finish and metal gates painted to match the building. N. MECHANICAL UNITS: The applicant is proposing to use a roof-top mechanical units located on the north side of the building located behind and below the parapet. O. OUTDOOR LIGHTING: The applicant states as note 14 on Sheet SD1.0 dated November 10, 2004 that the parking lot lighting will conform with the Eagle River approved lighting-not to exceed 22' in height. An approved lighting for plan has not been received by the City. A building lighting plan and parking lot light plan showing location, height, style, luminaries, 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 A V AILABLE: Preliminary approval letters from Eagle Fire Department, Eagle Sewer District, and Idaho Power 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 Page 4 of 12 K:\Planning DeptlEagle Applications\Drl2004\DR-124-04 drf.doc T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Yes - Boise River Floodplain Evidence of Erosion - no Fish Habitat - no Floodplain - Yes - the site is located within the 1O0-year and 500-year floodplain Mature Trees - Yes Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no 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 attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Eagle Fire Department Eagle Sewer District Idaho Power Company W. LETTERS FROM THE PUBLIC: Letter from Charles Carlise, managing partner of Eagle River LLC, dated September 6 and November 11, 2004 (attached). 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: . 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). Section 8-2A-6(A)(6)(g)(3) . Roof-mounted mechanicals, all vents protruding through the roof, and similar features shall be painted so as to match the color of the roof. Page 5 of 12 K:\Planning DeptlEagle Applications\Drl2004\DR-124-04 drf.uoc C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ARTICLE ill - CONDITIONS ON DEVELOPMENT 1.2.7 Parking Lot Screening To reduce the visual impact of row upon row of parked cars and the glare of headlights at night, screen parking lots from view along borders with public streets. The creation of high walls however, should be avoided because of potential security and safety problems. Maximum screen height is to be three feet or as described in the City of Eagle Code 8.2A.7. This enables people to see out and be seen from the street and cars. . Parking lot screens may be made of all plant material or a combination of low walls or earth berms and supplementary plant material. . The plant material in all-plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. . Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight-obscuring. . A minimum height of 42 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. D. DISCUSSION: . The applicant shows on Sheet L-l the construction of 12 parking stalls off-site. Though these stalls are not necessary to meet minimum parking requirements, the stalls and associated landscaping should be a condition of approval to be completed with the construction for this site. . The applicant states as note 14 on Sheet SD1.0 dated November 10, 2004 that the parking lot lighting will conform to the Eagle River approved lighting not to exceed 22' in height. An approved lighting for plan has not been received by the City. A building lighting plan, photometric plan and parking lot light plan showing location, height, style, luminaries, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of zoning certificate for this site. . This site is accessed by a driveway which is located near the southeast corner of this site. This driveway is proposed to be a shared access driveway with the parcels to the east and south providing access to East Eagle River Drive. The applicant should be required to work with the developer to complete all the asphalt, landscape islands, and drainage for all of Lots 3 and 4, Block 3, to provide a consistent pavement area. A plan showing all areas (except for the building pads) with asphalt, landscape islands, and drainage should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Per the master sign plan for the entire Eagle River Development, this site is required to share a monument sign (one to be located on Eagle Road, one to be located on State Highway 44, and on to be located on East Riverside Drive) with the pad site to the south of this site (Lot 3, Block 3, Mixed Use Subdivision No.4) and the pad site to the east of the site (Lot 1, Block 3, Mixed Use Subdivision No.1). The applicant should be required to work with the property owner to the . Page 6 of 12 K:\Planning DeptlEagle ApplicationslDr\2004\DR-124-04 drf.doc south and east to coordinate the monument signs that will be shared by all three of these sites (Lots 3 and 4, Block 3, Mixed Use Subdivision No.4 and Lot 1, Block 3, Mixed Use Subdivision No. 1). . The applicant has not proposed continuous landscaping around the southern and eastern perimeters of the parking lot because this site will be integrated with the surrounding parcels to share common access drive aisles. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is required between the property lines and the parking lot and should be planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff s opinion that because this site will be integrated with the surrounding properties, providing cross access between parcels, and because the landscape buffer requirements of Eagle City Code and the design guidelines of Eagle River Development require extensive landscaping to buffer the parking lot from the public right-of-way, the applicant should not be required to provide a perimeter landscape strip on the north and east property lines. The City Forester requests that a temporary fence along the existing landscaping and pond areas to the north and west of the building site be installed prior to construction to ensure that existing landscaping and irrigation system are not damaged during construction. 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 was held on the application before the Design Review Board on January 13,2005, 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 (Bowen absent) to approve DR-124-04 for a design review application to construct two multi-tenant retail buildings in Eagle River for Venture Development Group, 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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide detailed cut sheets of all proposed lighting on the exterior of this facility showing style, wattage, location, and luminarie to be used. Provide a revised site plan and building elevation plans showing the height and location of where the light fixtures are to be located. The detailed cut sheets, site plan, and revised building elevation plans shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 2. Provide detailed cut sheet of all proposed parking lot lighting showing location, height, style, luminaries, and wattage to be used. The detailed cut sheets, site plan, and photometric plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 3. Work with the developer to complete all the asphalt, landscape islands, and drainage for alk* the Page 7 of 12 K:\Planning DeptlEagle App1icationslDrl2004\DR-124-04 drf.OOc boundary area between Lots 3 and 4, Block 3, to provide a consistent pavement area. A plan showing all areas (except for the building pads) with asphalt, landscape islands, and drainage shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 4. The applicant shall construct the 11 off-site parking stalls and associated landscaping as shown on the landscape plan dated November 11, 2004. These items shall be completed prior to the issuance of a certificate of occupancy for the site which is the subject of this application. 5. This site is allowed one monument sign to be located on Eagle Road, one on State Highway 44, and one on Riverside Drive to be shared with the parcels to the north (Lot 3, Block 3, Mixed Use Subdivision No.4) and the pad site to the east of Lot 4, Block 3, Mixed Use Subdivision No.4 (Lot 1, Block 3, Mixed Use Subdivision No.1). The applicant shall be required to work with the property owner to the south and east to coordinate the installation of a monument sign that will be shared by all three sites (Lot 4, Block 3, Mixed Use Subdivision No.4 and Lot 1, Block 3, Mixed Use Subdivision No. I) 6. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction or grading of the site. No signs are proposed with this application. A separate design review application is required for the approval of any signs for this building. The design review sign application shall be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. 7. Provide a copy of the written approval of the site grading plan from Eagle River prior to the City issuing a zoning certificate for this site. 8. Provide a copy of the written approval of the proposed site features including the relocation of irrigation lines, glass compatibility, and patio material to the north side of building "B" prior to the City issuing a zoning certificate for this site. 9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. The applicant shall submit a new landscape plan which clearly shows all plant material labeled within the plant schedule and replaces the lawn area along the western side of the building and Eagle Road with plant material to ensure compatibility with the existing; common area planter on the Eagle River property. The plan shall be provided to staff and one member of the Design Review Board for approval prior to the City issuing a zoning certificate for this site. 12. Revised elevations shall be provided for the north side of the building; including the attached deck and deck railings detailing how the deck ties into the existing landscaping;. The plan shall be provided to staff and one member of the Design Review Board for approval prior to the City issuing a zoning; certificate for this site. 13. Material samples shall be provided for the deck and stained concrete. The Design Review Board su~gests a synthetic wood product complementary to the building for the deck structure. These samples and colors shall be approved by staff and one member of the Design Review Board prior to the Citv issuing a zoning certificate for this site. 14. Prior to the placement of any all patio furniture and/or amenity on the concrete patio or deck, a cut sheet of said amenities shall be provided for review and approval by staff and one member of the Design Review Board for approval. Page 8 of 12 K:\Plallning DeptlEagle Applications\Dr\2004\DR-124-04 drf.ùoc 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 any building permits or Certificate of Occupancy, whichever occurs first. 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 flfSt. 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 flfSt. 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 flfSt. Page 9 of 12 K:\Planning DeptlEagle ApplicationslDr\2004\DR-124-04 drf.doc 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs flfSt. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs flfst. 15. 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. 16. 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 flfSt. Page 10 of 12 K:\Planning Dep<1Eag1e AppLicationslDr\2004\DR-124-04 drf.doc 17. 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 flfSt. 18. Basements in the flood plain are prohibited. 19. 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 Commission and/or Council. 20. 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/or the Planning and Zoning Commission for review and approval. 21. 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. 22. 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. 23. 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. 24. 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 Design Review Board approval date). 25. 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. 26. 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 18,2004. 2. Requests for agencies' reviews were transmitted on October 21, 2004, 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-124-04) 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, Page 11 of 12 K:\Planning DeptlEagle ApplicationslDr\2004\DR-124-04 drf.doc 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. DATED this 27th day of January 2005. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ~Ä~ ~ ric R. McCullo gh, ChairmariL ATTEST: ~~""""'" ,,"'~ þ..GLE ""'## ,," ~. ~ ......... ... 'I, ,~,,' .~I :: 0 ... d 1'- T E .'.. ~ :: I 0,' ." ..;... Lt "".0': =<-.: -... A '0. : ...-. t:< IV .,,_.~~ .. -. 0 . ~ .~'. -r'. I' 'è~ p-...'- :"",,0 .(..'.::~.:: -- .. c:.) V' .- -. .'. ' .~ -- .., 0\",""-":: ~# * ...";~¡"~.Q C.-" #~ ..... ~#" ST A'\: .' ..., ""'""", aa a" Page 12 of 12 K:\Planning DeptlEagle ApplicationslDr\2004\DR-124-04 drf.doc