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Findings - DR - 2005 - DR-85-05 - Construct A 7496 Sq' Multi-Tenant Office In Eagle River/738 S Bridgeway Place BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO CONSTRUCT ) A MULTI-TENANT OFFICE BUILDING ) FOR DAVE EVANS CONSTRUCTION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-Ss-Os The above-entitled design review application came before the Eagle Design Review Board for their action on October 13,2005. 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 Travis Burrows with Dave Evans Construction, is requesting design review approval to construct a 7,496-square multi-tenant office building within Eagle River Development. The site is located 138-feet south of East Shore Drive at 738 South Bridgeway Place (Lot 16, Block 4, Mixed Use Subdivision No.4). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 8, 2005. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 14, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None 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 December 17, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed Use Subdivision No.4 (PP/FP-4-02) for this site. E. COMPANION APPLICATIONS: DR-86-0S (master sign plan for this building) Page I of II K:\Planning Dept\Eagl~ AppUcations\Dr\2005\DR-85-05 drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA (Mixed Use with Vacant Lot development agreement) Proposed No Change No Change Multi -tenant office building North of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle development agreement) River Development 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 Multi-tenant office development agreement) buildings West of site Mixed Use MU-DA (Mixed Use with South Bridgeway Placet Foster Lund multi-tenant development agreement) office building G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. EXISTING SITE CHARACTERISTICS: None I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 30,940-square feet (0.71-acres) 7,000-square feet (0. 16-acres) (minimum) Percentage of Site Devoted to 24% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 24% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 30-parking spaces 30-parking spaces (minimum)* Front Setback 45-feet (north) 20-feet (minimum) Rear Setback 38-feet (south) 20-feet (minimum) Side Setback 20-feet (west) 20-feet (minimum) Side Setback 42-feet (east) 7.S-feet (minimum) * Note: Based on professional office which requires one (1) parking space per two hundred fifty (250) square feet of gross floor area. Page 2 of 11 K:\Planning Dt:pt\Eagle Applications\Dr\2005\DR-85-05 drt".doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One multi-tenant building. Height and Number of Stories of Proposed Buildings: Twenty-five (25') feet, one (I) story. Gross Floor Area of Proposed Buildings: 7,496 square feet. On and Off-Site Circulation (contained within Lot 16, Block 4): A 9,669-square-foot (approximately) paved parking lot will provide parking for vehicles using this site. One 24-foot wide shared driveway is proposed to be located on the west side of this site providing access to South Bridgeway Place. K. BUILDING DESIGN FEATURES: Roof: Concrete Tile (Monier Brown Blend Brushed) Walls: Masonry wainscot - Cultured Stone (Bucks County Country Ledgestone), Stucco (Sherwin Williams SW 6117 "Smokey Topaz") Shingles in gables - (Hardi-Shingles Sherwin Williams SW 6113 Interactive Cream) Windows/Doors: Vinyl windows (Metrec "Cocoa #04")/ Doors-Aluminum (Black) Fascia/Accent: Stucco - Sherwin Williams SW 6069 "French Roast" Other: Stained concrete patio L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees within the wetland area to the south that will be retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: There are existing street trees located within the wetland area south of the site. 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 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% (approximate) is proposed. M. TRASH ENCLOSURES: One 84-square foot trash enclosure is proposed to be located near the southeast corner of the site. Access to the trash enclosure will be provided through the parking area. The enclosure is proposed to be constructed of CMU block with stucco walls and gates to be constructed from metal tubing and "B" decking, all of which will match the materials and colors used in the Page 3 of 11 K:\Plunning Depl\Eagle Applicatiulls\Dr\2005\DR-85-05 drf.doc construction of the building. N. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are two feet to three feet (2' -3') in height and are proposed to be screened with landscaping. 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 a zoning certificate. P. SIGN AGE: No signs are proposed with this application. A separate design review application for signage (DR-38-05) has been submitted. Q. PUBLIC SERVICES AVAILABLE: 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. 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 - yes - Located within the wetland area in the southern portion of the site. Riparian Vegetation - yes - Located within the wetland area in the southern portion of the site. 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): 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: Ada County Highway District Chevron Pipeline Page 4 of 11 K:\Planning Dept\Eagle Applications\Dr\2005\DR-85-05 dtf,doc Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Company United Water W. LETTERS FROM THE PUBLIC: Letter from John Swartz, Construction Manager for Eagle River, date stamped by the City on September 8, 2005 (incorporated herein by reference). Letter from John Swartz, Construction Manager for Eagle River, date stamped by the City on October 5,2005 (incorporated herein by reference). Letter from Keith Atkins, City Forester, dated September 26, 2005 (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 (adopted September 14, 2004) designates this site as Mixed Use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(B)(5)(c) states in part, All vents protruding through the roof, and similar features shall be painted so as to match the color of the roof. . Eagle City Code Section 8-2A-6(C)(2) Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 of this section. . Eagle City Code Section 8-2A-6(G)(8): Bollard style pedestrian lighting shall be required along all pathways not illuminated by street and/or site lighting. . Eagle City Code Section 8-2A-7(E)(4): The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and burlapped. . Eagle City Code Section 8-2A-7(E)(S): The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled and burlapped. . Eagle City Code 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 Page 5 of II K:\Plunning Depl\Eagle ApplicatioIls\Dr\2005\DR-85-05 drf.ooc 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. . Eagle City Code Section 8-4-5 Offices, Business and professional I per 250 square feet of gross floor area C. DISCUSSION: . The landscape plan date stamped by the City on September 12,2005 shows the Japanese Maple trees to be 24" to 36" in height and the Weeping Blue Atlas Cedar to be 4' to 5' in height. Eagle City Code requires all deciduous trees to be three inch (3") caliper and all evergreen trees to be six feet to seven feet (6' to 7') in height. The City Forester has indicated that the Japanese Maple tree is an ornamental tree and it is not required to be three inch (3") caliper. Eagle City Code also requires that evergreens be a minimum of six feet to seven feet (6' to 7') in height. The City Forester has indicated that the Weeping Blue Aspen Cedar may not reach six feet to seven feet (6' to 7') in height and is not required to meet the minimum height requirement. . Eagle River LLC, provided a letter date stamped by the City on September 8, 2005 regarding landscaping, drainage, and building issues. On October 5 ,2005, Eagle River LLC, provided an additional letter October 5, 2005, to provide approving the trellis on the south elevation. . The landscape plan does not indicate any lighting within the parking area nor does it indicate any lighting to be located adjacent to the pathway along the south elevation of the building. The applicant should provide a revised site and landscape plan showing the location of all parking lot lighting and pathway lighting. Detailed cut sheets of the parking lot light fixture and bollard light fixtures showing style, wattage, height, luminaries, etc. should be submitted. The revised site and landscape plans and detailed cut sheets should be reviewed and approved by staff prior to the city issuing a Zoning Certificate. . The applicant is proposing to construct a 7,500 square foot multi-tenant office building. The site plan shows thirty (30) parking spaces will be constructed with this building, which meets the parking requirements of Eagle City Code for professional office space. Although the parking for this building meets Eagle City Code, the applicant should be aware that this building will be limited to uses that are permitted within this development that do not require parking that exceeds one (1) parking space per two hundred fifty (250) square feet of gross floor area. . 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 staffs 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. . The applicant in their narrative date stamped by the City on September 8, 2005, has not proposed the building to reflect any particular style of architecture required within the Eagle Architecture and Site Design (EASD) Book. Buildings within Eagle River Development are not required to comply with the EASD Book because their design guidelines were established before the City created the EASD Book. . Staff defers comment regarding building design and colors to the Design Review Board. Page 6 of 11 K:\Planning Dept\Eagle ApplicUliolls\Dr\2005\DR-8S.05 Jrf.uoc 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 October 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 to approve DR-8S-0S for a design review application to construct a multi- tenant office building 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. This building shall be limited to uses that are permitted within Eagle River Development and that do not require parking that exceeds one (1) parking space per every two hundred fifty (250) square feet of gross floor area. 2. Provide a revised site and landscape plan showing all parking lot lighting and pathway lighting. Detailed cut sheets of the parking lot light fixture and bollard light fixtures showing style, wattage, height, luminaries, etc. shall be submitted. The revised site and landscape plans and detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a Zoning Certificate. 3. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. S. The applicant shall be required to comply with any applicable conditions placed on this application by the City Forester. 6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 7. The applicant shall be required to paint all roof vents and similar features protruding through the roof to match the color of the roof. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. No signs are proposed with this application. A separate design review application (DR-86-0S) has been submitted for the approval of a master sign plan for this building. The sign application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 10. Provide a revised landscape plan identifving the location of the ground mounted mechanical units. Provide additional plant material to screen the ground mounted mechanical units from view. The revised landscape plan shall be reviewed and approved bv staff prior to the City issuing a zoning certificate for this site. Page 7 of 11 K:\PWlln111g Dept\Eagle Applications\Dr\2005\DR-85-05 Ulf.doc 11. Provide detailed elevations of the freestanding trellis showing additional design to the roofline to provide visual interest. Provide material samples and colors to be used in the construction of the trellis. The detailed elevations. material samples, and colors shall be reyiewed and aooroyed by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 12. All building elevations and site improvements shall comply with the requirements set forth in the letter from Eagle River Development date stamped by the City on September 8, 2005. 13. Provide material samples and colors to be used for the window mullions. The material samples and colors 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. 14. Provide revised building elevations showing the pitch of the roof to be lowered, the addition of gables or hip roofs to break UP the large roof area, or a combination of the two. The revised building elevations shall be reviewed and approved by Eagle River Development. Written approval from Eagle River Development shall accompany any revised elevation plans submitted to the City. The revised building elevations shall be reviewed and approved by staff and two (2) members 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 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 Page 8 of II K:\Plullning Dt:pt\EugJe Applications\Dr\2005\DR-85-05 drf,doc 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. 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 Page 9 of 11 K:\PllUlIling Dept\Eagle Applications\Dr\2005\DR-85-05 drf.dol.: 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 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. 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. Page 10 of 11 K:\Planning Dt:pl\Eag1e App1icatiolls\Dr\2005\DR-85-05 drf.dor.; 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 September 8,2005. 2. Requests for agencies' reviews were transmitted on September 14, 2005, 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-8S-05) 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 27th day of October 2005. ATTEST: ............."", ..~ 1"'l Op '-_, I C\ ......../i'1 " '" -. 0.... I..... ","ORPO~ ...(..\ i"'~.'" -1...\c"~ : ......... t1\: : \~ \S~Al. ",:" i "'..;:~ ~w::~,.. 0 ....~OPn>~~ '......... Page 11 of 11 K:\Phuming Dept\Eagle Applicatiolls\Dr\2005\DR-85-05 drf.doc