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Findings - DR - 2004 - DR-71-04 - Construct A 6600 Sq' Health Club Facility/729 S Bridgeway Place BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A HEALTH ) CLUB FACILITY FOR DAVE EVANS CONSTRUCTION) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-11-04 The above-entitled design review application came before the Eagle Design Review Board for their action on July 22,2004. 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: Dave Evans Construction, represented by Tim Scharff, is requesting design review approval to construct a 6,600-square foot health club facility. The site is located 1O0-feet south of East Shore Drive at 729 South Bridgeway Place within Eagle River Development (Lot 11, Block 4, Mixed Use Subdivision No.3). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 3, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 23, 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 (PP-14-00) for this site. On May 8, 2001, the Eagle City Council approved a final plat (FP-13-0 1) for this site. On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat (PP/FP-I-0l) for this site. E. COMPANION APPLICATIONS: DR-70-04 (design review sign application) Page 1 of 11 K:\Planning Dept\Eagle Applications\Drl2004\DR- 71-04 ùrf.ùoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle development agreement) River Development Proposed No Change No Change Health Club Facility North of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle development agreement) River Development/ proposed multi-tenant medical/dental office South of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle development agreement) River Development East of site Mixed Use MU-DA (Mixed Use with Bridgeway Place/ Vacant development agreement) lot within Eagle River Development West of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle development agreement) River Development G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: N/A I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 30,476-square feet (0.70-acres) 7,000-square feet (0. 16-acres) (minimum) Percentage of Site Devoted to 22% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 47% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 30-parking spaces 27-parking spaces (minimum)* Front Setback 17-feet (east) 20-feet (minimum) Rear Setback 75-feet (west) 20-feet (minimum) Side Setback 43-feet (north) 20-feet (minimum) Side Setback 44-feet (south) 7.5-feet (minimum) *Note: Based on one (1) parking space per two hundred fifty (250) square feet of gross floor area for health clubs, spas. and Page 2 of 11 K:\PlillBling DeptlEagle Applications\Drl2004\DR- 71-04 ùrf.ùoc weight reduction salons. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a health club facility. Height and Number of Stories of Proposed Buildings: 28-feet, one story. Gross Floor Area of Proposed Buildings: 6,600-square feet On and Off-Site Circulation: A 8,412-square foot (approximately) paved parking lot will provide parking for vehicles using this site. One 28-foot wide shared driveway is to be located on the east side of this site on the north property line providing access to South Bridgeway Place. K. BUILDING DESIGN FEATURES: Roof: Tile (charcoal) Walls: Stucco (oak flats) Windows/Doors: Vinyl windows (almond)/ Aluminum doors (black) Fasciaffrim: Stucco (northwest trail and woodlet) Other: Stone (bucks county southern ledgestone) 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: The applicant is proposing three (3) street trees on the west side of Bridgeway Place. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping will not be installed around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. b. Interior Landscaping: 8% interior landscaping is required, 8% will be installed. M. TRASH ENCLOSURES: One 120-square foot shared trash enclosure is to be located on the west property line of this site. The enclosure is to be constructed of CMU walls with stucco finish with metal gates, all of which will match the colors and materials used in the construction of the building. Page 3 of 11 K:\Plillllling Dept\Eagle AppUcations\DrI2004\DR-71-O4 ùrf.ùoc N. MECHANICAL UNITS: The applicant is to use ground mounted mechanical units. The ground mounted mechanical units will be screened with landscaping. O. OUTDOOR LIGHTING: Two (2) two hundred fifty (250) watt high pressure sodium light fixtures will be installed within the parking lot of this site. Other than recessed lighting no exterior lighting is proposed on the building. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-70-04) has been submitted for the approval of a sign plan. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Yes, Boise River Floodplain Note: all floodplain and flood way concerns were addressed by the applicant as a part of the Eagle River Preliminary Plat application, the Mixed Use Subdivision No.1 final plat application, and associated floodplain development permit application. Evidence of Erosion - no Fish Habitat - no Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under Areas of Critical Environmental Concern above). Mature Trees - no 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): An environmental assessment plan was previously submitted to and reviewed by the City Engineer with the preliminary plat (Eagle River Development). A copy of the environmental assessment plan is on file with the City Engineer. 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: Page 4 of 11 K:\PlillU1ing Dept\Eagle Applications\Drl2004\DR-71-04 ùrf.ùoc Ada County Highway District Eagle Fire Department Eagle Sewer District Idaho Power Company W. LETTERS FROM THE PUBLIC: Letter from John Swartz, Construction Manager for Eagle River, date stamped by the City on June 3,2004 (incorporated herein by reference). 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 Mixed Use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-6(B)(5)(c) Roof-mounted mechanicals all vents protruding through the roof and similar features shall be painted so as to match the color of the roof. . Section 8-2A- 7(K)(3) Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. . Section 8-4-5 Health clubs, spas, and weight reduction salons 1 per 250 square feet of gross floor area C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ARTICLE III - CONDITIONS ON DEVELOPMENT 3.2.5 All development within the Property shall be consistent with the Site Design Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally consistent with the Conceptual Plan attached hereto as Exhibit E. The Conceptual Plan attached hereto describe the general nature and relative location of certain elements for the Property. The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Design Guidelines 1.0 Site Development Design Guidelines 1.2.10 Walkways and Pathways Page 5 of 11 K:\PlaJnúng Dept\Eagle Applications\Drl2004\DR- 71-04 ùrf.ùoc Create an interconnected walkway and path system that will connect all parcels within the Eagle River project area. . Provide one or more walkways which directly link the pedestrian entrances of businesses within the retail and office development to the public pathways. . Interconnect development parcels with pathways located along direct desire lines. . Differentiate walkways within the retail and office development from parking area paving by using a contrasting paving material. . Walk and path surface pattern and scoring depth must be compatible with the comfort and safety needs of pedestrians, especially the elderly and the handicapped. C. DISCUSSION: . The applicant has not proposed continuous landscaping around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. 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 that the applicant should not be required to provide a perimeter landscape strip on the south and west property lines. The applicant has indicated on the site plan, date stamped by the City on July 13, 2004, a five foot (5') wide concrete sidewalk along the east property line and a four foot (4') wide compacted gravel pathway along the southern portion of the site, as required by Eagle River Development and the City of Eagle for pedestrian circulation. With the exception that the applicant does not show the two pathways connecting the location and construction of these pedestrian pathways comply with the pathways required on the master pathway plan for Eagle River Development date stamped by the City on July 8, 2004. The applicant should be required to provide revised site and landscape plans showing a connection of the five foot (5') wide concrete sidewalk located adjacent to the west side of Bridgeway Place to the four foot (4') wide compacted gravel pathway located near the southeast comer of this site. The revised site and landscape plans should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . . The landscape plan date stamped by the City on July 6, 2004, shows only the landscape improvements proposed around the base of the building and the two (2) landscape islands within the parking lot located near the northwest and southwest corners of the building. The applicant should be required to provide a revised landscape plan showing landscape improvements within the landscape island located near the northeast comer of the building (adjacent to Bridgeway Place) and the two (2) landscape islands located east of the west property line of this site as shown on the site plan date stamped by the City on July 13, 2004. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. . The applicant has indicated on the site plan date stamped by the City on July 13, 2004, that a bike rack is proposed near the northwest comer of the building. The applicant should be required to provide detailed cut sheets indicating the style, color, and size of the bike rack to be placed near Page 6 of 11 K:\Plillnling DeptlEagl< Applications\Drl2004\DR- 71-04 ùrf.ùoc the northwest comer of the building. The detailed cut sheets should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Staff defers comment regarding building design and colors to the Design Review Board. . ST AFF 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 July 22, 2004, 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 5 to 0 (Christensen and McCullough absent) to approve DR-71-04 for a design review application to construct a health club facility for Dave Evans Construction, 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. Provide revised site and landscape plans showing a connection of the five foot (5') wide concrete sidewalk located adjacent to the west side of Bridgeway Place to the four foot (4') wide compacted gravel pathway located near the southeast corner of this site. The revised site and landscape plans shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 2. Provide a revised landscape plan showing landscape improvements within the landscape island located near the northeast comer of the building (adjacent to Bridgeway Place) and the two (2) landscape islands located east of the west property line of this site as shown on the site plan date stamped by the City on July 13, 2004. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 3. Provide detailed cut sheets indicating the style, color, and size of the bike rack to be placed near the northwest comer of the building. The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 6. No signs are proposed with this application. A separate design review application (DR-70-04) has been submitted for the approval of a sign plan for this building. The plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 7. Provide revised elevation plans showing the location of all gutters and downspouts on the building. The gutters and downspouts shall be painted to match the color of the building. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. Page 7 of 11 K:\Plillllling Dept\Eagle Applicatious\Dr\2004\DR- 71-04 ùrf.ùoc 8. Provide a material sample and color of the rock proposed at the base of the two (2) columns located at the entrv to the building. The material and color shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 9. Provide a sample of the stain color to be used on the timbers of this building. The stain color shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 10. Provide a color sample of the window mullions proposed in the construction of the building. The color of the mullions shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 11. Provide a revised landscape plan showing plant material around the base of the trash enclosure that includes a minimum of sixty percent (60%) evergreen plant material. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this building. 12. Provide a revised landscape plan showing the plant material around the ground mounted mechanical units to be of a size and species that will screen the units at the time of planting. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 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 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 í,l 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 Page 8 of 11 K:\Plillming DeptlEagle Applications\Dr\2004\DR- 71-04 ùrf.ùoc 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. 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. Page 9 of 11 K:\PlarmUlg Dept\Eagle Applications\Dr\2004\DR- 71-04 ùrf.ùoc 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 Councilor 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 first. 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 first. 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 first. 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 first. IS. 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 Page 10 of 11 K:\Plillming DeptlEagle ApplicationslDrl2004\DR- 71-04 Jrf.doc 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: I. The application for this item was received by the City of Eagle on June 3, 2004. 2. Requests for agencies' reviews were transmitted on June 23, 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- 71-04) 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, 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 12th day of August 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~¿Z ATTEST: "~I ,.u"""'" ~", OF E<,,\ ""#. ..,<Ii ~ ~ ........ () I:..A ". I :\. ... ... v' ~ ~ C,i.. ~J' ORA» ... \ : : ..° 1>. ~ : ev ~*: : * : _.- ~ : S \.. r'.~' ( " F: : ~ .~('. . ,,".,° 0 :: '\ i.P ..:: . ....... $ #. ')" . .. " "':"'. ." " . I I " " -. .- '" . .- .,......."" Page 11 of 11 K:\Plilllllillg Dept\Eagle AppUcatiollslDrl2004\DR- 71-04 ùrf.doc